Changing the law

Advocating for supportive legislation

The State Government has set strata reform as a key priority and Landgate has been tasked to deliver reforms to the Strata Titles Act 1985 (WA). The proposed reforms aim to ensure Western Australia has a modern Strata Titles Act to better meet the State’s needs in light of future growth.

ACOSH, Cancer Council WA and the Heart Foundation WA have called on the State Government and Landgate to address the issue of smoking and second-hand smoke exposure on strata titled properties.  Our submission proposed a model by-law that would prohibit smoking where it causes a nuisance or hazard or otherwise interferes unreasonably with the use or enjoyment of the property by another resident.

Changing the Strata Titles Act 1985 (WA) to specify that tobacco smoke is a nuisance which unreasonably interferes with the use and enjoyment of the property by others and introducing a new smoke-free model by-law provides strong authority for a strata council to enact smoke-free areas and comprehensive smoke-free properties and provides all owners and residents with clear direction on this issue.

For more information on the need to reform strata laws to minimise exposure to second-hand smoke in Australia please read:

This paper was originally published in the Journal of Law and Medicine and should be cited as Jacqui Bell et al, “Sharing the Air: The Need for Strata Law Reform to Reduce Second-hand Smoke Exposure in Multiunit Housing in Australia” (2018) 25 JLM 465, and is reproduced with the permission of Thomson Reuters (Professional) Australia Ltd

If you support the amendment to the Strata Titles Act, ACOSH would like to hear from you.  Please contact ACOSH on 08 6365 5436 or if you would like to join our campaign to advocate for a change to the Strata Titles Act.  It is important that policy makers understand that such a change is supported by many West Australians.