Cancer Council WA is urging Landgate to open phase two of WA's strata law review, warning that delays put our community's health at risk from smoke and vape drift, while this remains unaddressed by current laws.
The State Government is reviewing the Strata Titles Act 1985, which includes two public consultation periods. The first closed on 31 October 2024, but phase two, originally expected to start in mid-2025, has not yet opened, the Landgate website instead states phase two consultation "To Be confirmed".
Cancer Council WA Cancer Prevention and Research Director, Melissa Ledger, said the second consultation is crucial to developing practical solutions for smoke drift in strata properties.
"For people living in strata-titled properties, tobacco smoke can drift from balconies, yards, stairwells, and other common areas. It can even drift through air conditioning," Ms Ledger said.
"Secondhand smoke is more than an annoyance; it's a serious health hazard and there is no safe level of exposure.
Secondhand smoke increases the risk of cancer and heart disease and exacerbates asthma and other respiratory conditions. It is particularly dangerous for unborn babies, children, and people with breathing problems.
Ms Ledger said WA strata residents contact Cancer Council WA and tell us they are unable to enjoy their own balconies, open windows, or hang out laundry when neighbours are smoking nearby.
"It is astounding that these people are often better protected from secondhand smoke in public places than in their own homes," she said.
"With housing in short supply, residents may be unable to move to escape the smoke drift.
"Residents have waited decades for sensible model by-laws and Landgate's delays are causing confusion and putting health at risk.
"Western Australia has fallen behind states like New South Wales, Queensland, and Victoria, which have updated their strata legislation to address smoking.
"With an estimated 25 per cent of West Australians now living in strata properties such as apartments, units, and townhouses, it's time for the State Government to act to protect residents' health."
