(1)   Has the Government considered establishing a litigation fund for individuals who wish to pursue legal claims for compensation against tobacco companies for smoking-related illnesses and deaths; if not: (a) why not; and (b) will the Government do so.

(2)   Has the Government considered passing legislation similar to the Tobacco Damages and Health Care Costs Recovery Act 2000 adopted in British Columbia, which authorizes the Government of British Columbia to seek recovery of tobacco-related health care costs that have arisen as a result of the tobacco industry’s misconduct; if not: (a) why not; and (b) will the Government do so.

(1)   No. With regard to individuals pursuing legal claims against the tobacco industry, the Department of Health and Ageing will continue to monitor legal developments in this area.

(2)   No. The Australian Government is not considering drafting similar legislation. Australia has a different system of law to that of the Canadian province of British Columbia. In 2005, the Australian Competition and Consumer Commission (ACCC) obtained court-enforceable undertakings from the three tobacco companies with the largest market share in Australia, to remove ‘light’, ‘mild’, and similar descriptors from their products. The companies also agreed to pay $9 million in total to the ACCC to fund anti-smoking campaigns and programs. The Department of Health and Ageing will continue to monitor legal developments in this area. The Australian Government is actively pursuing a range of strategies through the National Tobacco Strategy 2004-2009, to discourage people from taking up smoking and to encourage those people who already smoke to stop. These measures include education programs and campaigns, pricing measures, labelling tobacco products and banning most forms of tobacco advertising, promotion and sponsorship.