Executive Summary

1. Background

The report, 'A National Approach for Reducing Access to Tobacco in Australia by Young People under 18 Years of Age.' was written with the purpose of seeking the endorsement of the Intergovernmental Committee on Drugs of a national best practice model to address young people’s access to tobacco. The development of this model was nominated as a priority under the National Tobacco Strategy endorsed by Ministers in 1999 (Commonwealth Department of Health and Aged Care 1999).

The report provides a model of best practice, based on a comprehensive review of the international literature, on documented and evaluated programs and on State and Territory experiences in Australia.

The legal age for purchase of tobacco products in all States and Territories of Australia is 18 years of age. The key components that make up best practice in prevention of sale and supply of tobacco products to young people under the age of 18 years are described. The resulting model is intended as a guide to inform Commonwealth, State and Territory Governments and their partners in tobacco control on effective development of responses to prevent access to tobacco products by young people under 18 years of age.

Research indicates that initiation into smoking behaviour is well established before the end of teenage years. Surveys of smokers show that approximately 90 per cent begin using tobacco by the age of 20 years (Australian Bureau of Statistics 1992). The earlier the onset of smoking, the earlier the risk of smoking-related disease and the higher this risk is likely to become in the smoker’s lifetime (US Department of Health and Human Services 1992). Also, the age of onset of smoking is an important predictor of success in quitting. The younger a person is when they start to smoke the less likely it is that they will ever cease (Bjartveit 1990).

It has been estimated that more than 276,000 secondary school students in Australia were current smokers in 1996 and that 38 per cent of Australian students who smoked obtained their cigarettes through illegal sales from retail outlets such as milk bars, corner stores, petrol stations and supermarkets.

In recent years governments have implemented a range of programs in an attempt to address this problem. All governments in Australia have legislative programs in place that:

• make it illegal for retail outlets to sell tobacco products to children and young people under 18 years of age;

• impose penalties on those selling and in some cases, supplying to minors; and

• restrict the location of vending machines (with the exception of the Northern Territory).

The National Approach provides jurisdictions in Australia with recommendations for a range of initiatives that aim to address the sale and supply of tobacco products to young people in Australia. All States and Territories are urged to examine the effectiveness of their current programs and consider the inclusion of these recommendations within future program activities.

2. Development of the National Approach

The National Approach has been developed collaboratively by the National Tobacco Policy Officers Group and the National Expert Advisory Committee on Tobacco. A draft report providing discussion of youth smoking and related youth access issues was tabled at a meeting of the National Tobacco Policy Officers in November 1999. At this meeting, a preferred approach was identified and the guiding principles and tasks for the development of the National Approach were outlined.

In developing the National Approach, the National Expert Advisory Committee on Tobacco and the National Tobacco Policy Officers Group recognised the following principles:

• the importance of building on achievements to date;

• the need for initiatives to be consistent with best practice and to be adaptable to the differing environments of the States and Territories in Australia;

• the importance of a national framework to enhance coordination and partnerships between States and Territories, the Commonwealth and non government organisations; and

• the need to ensure that a comprehensive evaluation process is identified and implemented.

The development of the National Approach involved undertaking a number of specific tasks. They were:

• Examining information relating to young people’s access to tobacco products and related issues from the 1996 Australian School Students’ Alcohol and Drugs Survey. This information is reported in Section 1.4 of the report.

• Examining the current level of program activities in each jurisdiction. A report on these activities is provided in Appendix A of the report and section 1.5 of the report provides a descriptive summary of these activities.

• Examining information from a range of studies conducted in Australia and in other countries that have explored youth access issues and the effectiveness of approaches in sales to minors programs. Issues relating to the supply of tobacco to young people from other non-retail sources were also examined. A discussion of this evidence is provided in Section 1.6 of the report.

It was also agreed that an important component of the developmental process for the recommendations for best practices was to seek the opinions of key stakeholder organisations in Australia and consider their achievements and experiences.

A consultation process involving key stakeholder organisations in each jurisdiction was therefore undertaken. These organisations were provided with a draft consultation report on youth access issues and recommendations for best practice.
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3. Key findings

Key findings in relation to these activities were:

• There have been some positive reductions in the number of young people purchasing cigarettes in Australia, however 38 per cent are still obtaining cigarettes through illegal sales from retail outlets.

• As young people’s access to cigarettes has become increasingly restricted the supply of cigarettes to young people from friends, parents and relatives or from others purchasing for them is increasing.

• All jurisdictions in Australia have initiated legislative strategies to address the issue of young people’s access to tobacco.

• A range of other programs such as enforcement, education and training has also been implemented to provide support for the legislative programs. There are variations in the nature of these activities and the extent to which they have been implemented.

• A number of jurisdictions have been undertaking compliance monitoring as a strategy for enforcing the legislation and for identifying retail outlets responsible for selling cigarettes to young people. Compliance monitoring activities involves youth volunteers in test purchases under the supervision of adults who wait outside the purchasing venue.

• There has been considerable discussion of the legal and ethical issues concerning the involvement of young people in these activities. It was found that:

• Regular compliance checks involving the participation of young people are the most effective, least costly and practical means of monitoring illegal sales of tobacco to children, a position endorsed by authorities in the United States, the United Kingdom and New Zealand, and most States and Territories of Australia.

• Legal advice indicates that, in Australia, the involvement of young people in test purchase operations does not constitute entrapment.

• There have been no reports produced to date that have provided evidence that these activities are in any way harmful to the young people involved.

• Anecdotal reports from those jurisdictions undertaking these programs indicate high levels of support from parents, young people and the local communities involved.

• In March 2000 the Victorian Supreme Court found that the involvement of young people under 18 years of age in test purchases was the only viable and effective practice currently available for addressing the illegal sale of cigarettes to young people by retail outlets. The decision was also based on public health grounds and the importance of protecting children from the hazards of smoking.

• The involvement of young people under 18 years of age in enforcement and monitoring activities must be undertaken in accordance with agreed standards and practices established by jurisdictions in the development and implementation of sales to minors programs.

• Strategies that address the demand for cigarettes by young people will be undermined if there is unlimited access to cigarettes and if there is complacency within the community and among retailers in relation to the sale of cigarettes to young people.

• Comprehensive and sustainable sales to minors programs are needed for addressing the illegal sale and supply of cigarettes to young people. Important components of effective sales to minors program are legislative strategies, retailer and community education and information programs, community involvement, enforcement strategies and the use of local media in publicising enforcement activity and prosecutions. These are necessary in order to achieve changes in retailer’s perceptions of the consequences associated with illegal sales of cigarettes to young people.

• A high rate of retailer compliance is necessary in order to achieve an impact on young people’s smoking rates.

• Programs that effectively reduce access to cigarettes through over the counter sales should be accompanied by strategies that address the sale and supply of cigarettes from other sources such as vending machines, friends and family.

• Programs in one community need to be consistent with and complement the initiatives and programs conducted in neighbouring communities in order to restrict the access to cigarettes from a mobile youth market.

The consultation process indicated a high level of support for the above findings and for action to be taken by all jurisdictions in the adoption of the best practice recommendations presented in the draft consultation report.
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4. Recommended components of the National Approach

The National Approach identifies six key elements for best practice for a comprehensive and effective sales to minors program. They are:

• legislation;

• monitoring and enforcement;

• prosecution;

• education and training;

• community action; and

• evaluation.

The National Approach provides a tobacco control framework which jurisdictions have agreed to use as a basis for developing and implementing appropriate strategies. The approach provides leadership on the issue of cigarette sales to minors, while allowing flexibility for each jurisdiction to ensure its sales to minors demand and supply side strategies are appropriately given the needs and priorities of that particular jurisdiction.

The following provides a summary of the key components of best practice provided in the National Approach:

1. States and Territories should give consideration to including the following elements within their legislative programs:
   
   
   • levy significant penalties for retailers who sell tobacco to young people (for example, greater than $5,000);
     
     
   • develop a proof of age card or equivalent photographic ID scheme for tobacco purchases;
     
     
   • identify the authority responsible for enforcement;
     
     
   • provide for the prosecution of the seller, owner and/or manager (license holder);
     
     
   • include as an offence, the supply of tobacco to a person under the age of 18 years; and
     
     
   • penalties for those who supply tobacco to minors.


2. States and Territories should indicate their intention to prosecute retailers who sell cigarettes to young people under 18 years of age.


3. Self service cigarette vending machines should be phased out.


4. Programs for routine compliance monitoring of tobacco retailers should be implemented involving young people in test purchases in order to monitor the rate of illegal sales of tobacco to young people.


5. An education strategy for the general public should be developed and implemented in order to raise awareness about the issue and to promote the community’s participation in local strategies to reduce young people’s access to tobacco.


6. Retailer education strategies should be developed and implemented in order to inform them of their obligations not to sell tobacco to young people under the age of 18 years.


7. States and Territories should indicate their commitment to:
   
   
   • ensuring that adequate capacity is provided for their enforcement and monitoring program;
     
     
   • providing training programs and resources for relevant enforcement bodies in collaboration with key stakeholders, enforcement agencies and health authorities; and
     
     
   • ensuring regular publicity and public relations programs are included as integral components of their enforcement strategies;


8. Strategies that address the supply of cigarettes to young people should be developed in order to compliment and operate in tandem with those aimed at reducing the sale of cigarettes to minors.


9. The National Tobacco Strategy and National Expert Advisory Committee on Tobacco should monitor the implementation of the National Approach.


10. A review of the National Approach should be coordinated by the Commonwealth to evaluate the effectiveness of this strategy and that a comprehensive report should be provided to Ministerial Council on Drug Strategy by 2004.

5. Information strategy for implementing the National Approach

In developing the National Approach a number of issues were identified concerning the adoption of best practice recommendations by jurisdictions in Australia. These implementation issues were examined further at a national Sales to Minors workshop held in June 2000 involving government officers and project personnel responsible for the development, implementation and evaluation of sales to minors programs in Australia.

At this workshop it was agreed that an information kit was important for assisting jurisdictions in adopting and implementing the best practice recommendations.

The following kit was therefore designed with the purpose of providing:

• policy officers and other senior officers within States and Territories in Australia with supportive information that explains key issues relating to the best practice recommendations presented in the National Approach;

• officers with accurate responses to some commonly asked questions regarding these issues; and

• information that will assist jurisdictions in the preparation of briefs and reports for key stakeholders on sales to minors issues.

The information provided in this kit is based on:

• an examination of the evidence provided by Australian and international studies and discussed in the report, ‘A National Approach for Reducing Access to Tobacco in Australia by Young People under 18 Years of Age’;

• a review of resources currently available in Australia such as policy and procedures manuals, State-based protocols and guidelines and associated information pamphlets; and

• the identification of agreed responses to key questions relating to the adoption of best practice and implementation issues raised at the National sales to Minors workshop held in Adelaide 27–28 August 2000.

6. Components of the National Approach package

There are five components to the National Approach package.

They are:

i. ‘A National Approach for Reducing Access to Tobacco in Australia by Young People
under 18 Years of Age’ August 2000
The report ‘A National Approach for Reducing Access to Tobacco in Australia by Young People under 18 Years of Age’ has been developed through a partnership arrangement between Commonwealth and State Governments. It was the aim of this process to ensure that the achievements and experiences of key stakeholders in Australia were considered and that the strategy developed reflected the efforts undertaken by them.

The report provides:

• information on young people’s access to tobacco in Australia;

• a discussion of initiatives and programs undertaken in States and Territories in Australia;

• an examination of research undertaken internationally and in Australia in order to determine the key elements of a best practice model; and

• recommendations for a national best practice model for reducing young people’s access to tobacco in Australia.

ii. Appendix A
State and Territory activities—a summary of programs undertaken by jurisdictions in Australia for addressing young people’s access to tobacco products.
Information is presented which outlines the legislative programs, enforcement and monitoring activities, training and education programs and evaluation activities undertaken by States and Territories in Australia.

iii. Appendix B
Case studies
Information on three approaches to addressing young people’s access to tobacco undertaken within Australia is provided. These include:

• Case Study 1:New South Wales Health Department Sales to Minors Program

• Case Study 2:Western Australian Tobacco and Youth Access Program

• Case Study 3:Victoria’s Western Region Tobacco Project Report

iv. Appendix C
Information kit for the implementation of the National Best Practice model.
An information kit for government officers has been prepared in order to assist jurisdictions in implementing the best practice recommendations provided in the National Approach. The content and presentation of this kit were discussed at a National Sales to Minors workshop conducted in June 2000.

The information provided in this kit is presented as a series of individual fact sheets in a question / answer format. It is designed to assist officers in the preparation of briefs and reports for relevant government departments and key stakeholders.

v. Appendix D
Contacts and resources in Australia
A list of contacts and resources available from States and Territories in Australia and New Zealand is provided.
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