The Legal Light Justin Stack Can retirement homes reject smokers? A person who had smoked for most of his adult life was recently rejected after applying to live in a retirement home, even though he promised to abide by all the non-smoking rules. So, is this discrimination against him because he is a smoker? Can retirement homes or villages refuse to admit a person who smokes, even if they promise not to smoke on the premises? Anneka Frayne, director at Stacks Law Firm Tamworth, says the law does not consider smoking a protected characteristic under anti-discrimination laws. In fact, it is illegal to smoke or vape in many public places, such as sporting fields, beaches, on public transport, within ten metres of a playground or within four metres of a pedestrian thoroughfare. "Smoking has been banned in all enclosed public areas, such as shopping malls, cinemas, libraries, public transport, and many areas where people congregate, such as Sydney's Pitt Street Mall and Martin Place. This includes e-cigarettes." Ms Frayne acknowledges this may seem unfair to people who have smoked for most of their lives and in retirement need the care provided by a retirement village. It could be particularly unfair in regional areas, where there are few available villages. "Many elderly smokers started smoking when they were young, when there were few restrictions and smoking was heavily advertised, linked to sport and active adventure. Those days are long gone, thanks to the knowledge that tobacco causes lung cancer, but people still find it very hard to break the addiction. Just ten per cent of Australians now smoke daily, half the rate of 25 years ago. "However, second-hand smoke also causes a range of serious health conditions, including in children, such as cardiovascular disease and respiratory disease, in addition to lung cancer. Workplaces have a responsibility to ensure a safe environment. "Privately operated retirement villages can refuse to accept smokers, even if they promise to abide by non-smoking rules. Operators are permitted to create rules for the safety and comfort of all residents." If 75 per cent of residents pass a smoke-free resolution, the operator must abide by the decision and it is binding on everyone. Some villages may allow specific isolated smoking areas, but they are not obliged by law to do so. It is important operators fully inform village applicants of smoking restrictions, and give reasons if smokers are not allowed to apply. It may be that even if smokers promise to smoke only in permitted areas, their mobility may become more restricted as they age and they won't be able to access a smoking area. STACKS LAW FIRM Grant Avery Compensation Specialist No Win, No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack Can retirement homes reject smokers ? A person who had smoked for most of his adult life was recently rejected after applying to live in a retirement home , even though he promised to abide by all the non - smoking rules . So , is this discrimination against him because he is a smoker ? Can retirement homes or villages refuse to admit a person who smokes , even if they promise not to smoke on the premises ? Anneka Frayne , director at Stacks Law Firm Tamworth , says the law does not consider smoking a protected characteristic under anti - discrimination laws . In fact , it is illegal to smoke or vape in many public places , such as sporting fields , beaches , on public transport , within ten metres of a playground or within four metres of a pedestrian thoroughfare . " Smoking has been banned in all enclosed public areas , such as shopping malls , cinemas , libraries , public transport , and many areas where people congregate , such as Sydney's Pitt Street Mall and Martin Place . This includes e - cigarettes . " Ms Frayne acknowledges this may seem unfair to people who have smoked for most of their lives and in retirement need the care provided by a retirement village . It could be particularly unfair in regional areas , where there are few available villages . " Many elderly smokers started smoking when they were young , when there were few restrictions and smoking was heavily advertised , linked to sport and active adventure . Those days are long gone , thanks to the knowledge that tobacco causes lung cancer , but people still find it very hard to break the addiction . Just ten per cent of Australians now smoke daily , half the rate of 25 years ago . " However , second - hand smoke also causes a range of serious health conditions , including in children , such as cardiovascular disease and respiratory disease , in addition to lung cancer . Workplaces have a responsibility to ensure a safe environment . " Privately operated retirement villages can refuse to accept smokers , even if they promise to abide by non - smoking rules . Operators are permitted to create rules for the safety and comfort of all residents . " If 75 per cent of residents pass a smoke - free resolution , the operator must abide by the decision and it is binding on everyone . Some villages may allow specific isolated smoking areas , but they are not obliged by law to do so . It is important operators fully inform village applicants of smoking restrictions , and give reasons if smokers are not allowed to apply . It may be that even if smokers promise to smoke only in permitted areas , their mobility may become more restricted as they age and they won't be able to access a smoking area . STACKS LAW FIRM Grant Avery Compensation Specialist No Win , No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life