Legal Challenge to the Smoking Ban at Thomas Embling Hospital: The Application of the Victorian Charter

Alternative Law Journal (2016) 41(4)

2 Pages Posted: 9 Jan 2017 Last revised: 14 Oct 2017

Date Written: December 14, 2016

Abstract

Smoking bans where people are detained potentially infringe rights protected by the Victorian Charter of Human Rights. The Supreme Court of Victoria has considered the Charter implications for the first time in response to a challenge to the smoking ban introduced at the Thomas Embling Hospital on 1 July 2015. The Court found that the ban was introduced in a rights-respecting manner. This brief gives an overview of the decision and discusses some of the broader implications.

Suggested Citation

Mackay, Anita, Legal Challenge to the Smoking Ban at Thomas Embling Hospital: The Application of the Victorian Charter (December 14, 2016). Alternative Law Journal (2016) 41(4), Available at SSRN: https://ssrn.com/abstract=2894621

Anita Mackay (Contact Author)

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
85
Abstract Views
495
Rank
531,697
PlumX Metrics