Re: Human Rights and Equal Opportunity Commission Disability Discrimination Act 1992 (CTH) Neil Francey and Sue Meeuwissen (Complainants) and Hilton Hotels of Australia Pty Ltd (Respondent) Complaint made: 20 March 1995 Original Decision: 25 September 1997 Date of this Decision: 10 March 2000

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15 March 2000 DISCRIMINATION CONTINUES - Onus shifted " Throughout Australia people continue to suffer. Permitting smoking, which denies safe access to goods and services, unlawfully discriminates against people with respiratory and other disabilities exacerbated by exposure to environmental tobacco smoke and their associates. The decision by Commissioner Graeme Innes AM, Human Rights and Equal Opportunity Commission, on 10 March 2000, that it is inappropriate for any further action to be taken by the Commission, shifts the onus on to the NSW Government to end the discrimination: Either enforcing the Occupational Health and Safety Act and removing the risk of passive smoking for all people in all workplaces or passing new legislation which is comprehensive and effective with removing environmental tobacco smoke from public places. Legislation in the Australian Capital Territory and South Australia is flawed. Ventilation is inadequate to protect vulnerable persons and exemptions to permit smoking in eating places are a revenue raising exercise! Discrimination continues and people are at risk. Civil legal action may be appropriate when damaged eg Ms Andrea Bowles suing St Kilda restaurant for smoke drifting into the non-smoking area causing an asthma attack (Age 6 March 2000). Apparently the Australian Electoral Commission records the following donations: BAT - $61,000 ALP, $55,000 Coalition Phillip Morris - $52,800 Liberal Party, $25,000 Nationals, $41,510 ALP. Is it possible that this could have some influence on some politician's decisions? Please note too, that some people who are addicted to smoking have difficulty acknowledging the harm it does to their own bodies, so for these people to recognise the dangers to more vulnerable members of our community would be unlikely." Please read To Those Who Smoke

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