Assessment Task 2: Legal case study addressing a public health issue Background For this assessment task you will write a case study, in a report format, addressing the legislative and regulatory...

Public Health Law and Policy
TABLE OF CONTENTS
Brief Background    2
Main Body    2
Describe background and context    2
Explain and analyse the legislative and regulatory framework of the topic    3
Analyse the legislation in the context of changes and improvements    4
Critique the roles and responsibilities of major stakeholders in influencing this legislation    5
Explain whether the national legislation is consistent with international frameworks    5
Explain the strategies adopted in implementing the legislation    7
Conclusion    7
References    8
Brief Background
Public health law examines the power of the government at numerous jurisdictional levels to amend the overall health and wellbeing of the population that will be surrounded by societal limits and customs. Along with this, it is defined as any decree, rule, or regulation that has the key persistence of stimulating or guarding the public health (Quit, 2018). On the other hand, the ambition of public health laws and policies is to accomplish the interest of society through imparting comforting conditions for the people to be healthy.
The key rationale for undertaking the study is to focus on the contemporary public health issue that is prevailing in the Australian market and impact the overall health status of the Australian population. In the present scenario, consumption of electronic nicotine delivery systems (e-cigarettes) in Australia has been gaining significant pace due to no legislative practices implemented by the government. With the study, researcher will also focus on addressing the legal and regulatory requirement so that it overcomes the prevalence of cited health issue.
On the other hand, the purpose of the report is to develop the legal knowledge of public health reforms, and its likely affect the implementation of these reforms may have on public health practice and individual health.
To accomplish the above-stated rationale and purpose of the report, it will focus on formulating the rules and regulation for the consumption of e-cigarette at both national and state/territory levels. As it has been stated that currently there are no laws in Australia related to consumption of e-cigarettes. The report will also explain the strategies adopted by the government and other stakeholders in implementing the legislation.
Main Body
Describe background and context
Electronic cigarettes are considered as an alternate option for nicotine delivery device that is termed as e‐cigarettes or electronic nicotine delivery systems (ENDS). E-cigarettes originally arose in the year 2003 in China, and since then it has turned out to be extensively available internationally; principally over the internet platform. Through considering the health implications, it has been stated that e‐cigarettes have been advertised as conservative and healthier substitutions to the cigarettes (The Department of Health, 2018). However, it looks and feels like cigarettes while using at the public places where smoking is not acceptable ever since it does not indulge in producing the smoke. In addition to this, in e-cigarettes, the level of nicotine in the containers or casings may vary as well as some also have flavourings. Although electronic cigarettes (ECs) are considered as a less harmful alternative to the tobacco cigarettes, the concerns of ECs mainly have short terms and long-term impact on the overall health of the people of Australia.
Through reviewing the legislative environment in Queensland and New South Wales at present contain the utmost limitations around the sale, use and promotion of the electronic cigarette. In addition to this, South Australia suspended to modify their legislation and regulations related to the use of non-tobacco products from the tobacco products, but it results in applying similar regulation in both cases.
Explain and analyse the legislative and regulatory framework of the topic
Considering the present poison laws of Australia the possession, sale and use of nicotine in the form of electronic cigarette is against the law. Mainly the valid reason behind the same is a legislative control on the nicotine that is almost applicable in case of each territory and the state also. Moreover, some other electronic cigarettes are also sold that do not contain nicotine, and the retail stores are allowed to sell that product (The Department of Health, 2018). In some states such as South and Western Australia mainly prohibits the sale of items that are mainly developed with the motive to resemble tobacco products. Within Victoria, it is not at all illegal to sell the non-nicotine electronic cigarettes. Further, the law passed by the government mainly undertakes ban on the use of electronic cigarettes especially in the areas that are considered to be smoke-free by the legislation. The government has restricted the promotion and the advertising of the e-cigarette products. Mainly e-cigarette cannot be offered to the people who are minor (under 18 years).
On 13th October 2016, the Victorian parliament passed new legislation whose main motive was associated with the sale of e-cigarettes to the individuals under the age of 18 years. Further, in case of the companies, the employers can easily wish to implement the policy that is associated with the use of e-cigarettes with the workplace due to many reasons such as this product can be dangerous as nicotine is the harmful poison (Douglas, Hall & Gartner, 2015). Secondly, the use of the e-cigarette that contains nicotine is against the law. Lastly, the excessive consumption of e-cigarette can have an adverse impact on the...