It has become widely accepted that tobacco smoke adversely affects both smokers and non-smokers in indoor environments and in some outdoor environments[1]. A landmark ruling by the Federal Court of Australia (the Morling Judgment, 1991) concluded that the evidence supported the notion that second-hand tobacco smoke harmed non-smokers. In May 2001, Marlene Sharp, a non-smoking bar worker was awarded common law damages for throat cancer as a result of years of passive smoking working in bars.

In 2003 the National Occupational Health and Safety Commission released a position statement that stated, given the health risks of environmental tobacco smoke, all Australian workplaces should be made completely smoke-free as soon as possible, i.e., that environmental tobacco smoke should be excluded[2]. Since then jurisdictions around Australia have implemented specific legislation aimed at ensuring Australian workplaces are smoke-free.

 In 2004 the South Australian government introduced new laws aimed at protecting people from exposure to second-hand smoke and to the adverse health effects of passive smoking by banning smoking in all enclosed workplaces, public places and shared areas