From 7 December 2026, all South Australian residential aged care homes will need to comply with new smoke-free and vape-free area requirements. The changes will apply to public areas within 5 metres of any part of a building comprising a residential aged care home and will require providers to ensure appropriate signage is displayed. Providers should review their sites, policies, resident communications and signage before the commencement date.
What areas of a residential aged care home will be smoke-free and vape-free?
The smoking ban applies to both tobacco products and e-cigarettes.
Under the Tobacco and E-Cigarette Products Act 1997 (SA) (Act) and accompanying Tobacco and E-Cigarette Products Regulations 2019 (SA) (Regulations), the ban on smoking will apply to all public areas within 5 metres of any part of a building comprising a residential aged care home.
The ban applies to “public areas” as opposed to areas that would be considered private areas. A public area is any area or place that the public, or a section of the public, is entitled to use or that is open to, or used by, the public or a section of the public.
Notably, the Regulations initially proposed that smoking would be banned within a residential care home or within 10 metres of the boundary of a residential care home. However, prior to the start date, the Government has since revised the position to narrow it as set out above.
What are the risks of non-compliance?
It is important that staff, residents and visitors comply with this smoking ban. If they fail to do so, they may be guilty of an offence with a maximum penalty of $5,000 or an expiation fee of $315.
What signage will residential aged care providers need?
Not only do the upcoming reforms ban smoking in certain areas they also impose requirements on all providers of residential aged care homes to have certain signage about the ban. This is relevant even for homes that are non-smoking.
Under the Act and Regulations, providers must display signs within the banned area that:
contain words or symbols clearly indicating that smoking both tobacco products and e-cigarettes are not permitted;
are positioned so that a person, other than the provider or an employee, cannot readily remove or relocate them; and
are displayed in sufficient numbers and positions so they are likely to be seen by people at any public entrance to the public area and within the area.
It is important that providers are aware of and implement the signage requirements as failure to do so carries the risk of a maximum penalty of $10,000.
What should residential aged care providers do before 7 December 2026?
Residential aged care providers should start preparing now by:
identifying areas within the residential care home that are covered by the smoking ban;
reviewing and, as required, updating smoking policies and procedures to ensure compliance with the upcoming requirements;
informing staff, visitors and residents of the upcoming requirements and any changes this causes to the residential care home for smoking; and
installing “smoke-fee and vape-free” signage that meets the requirements under the Act and Regulations.
Key takeaway for aged care providers
Given the potential penalties for non-compliance, providers should take proactive steps to prepare for the smoking ban and associated signage requirements to ensure their residential care homes are compliant on 7 December 2026.
Cowell Clarke’s Aged Care, Retirement Living and Health Team can assist providers to review affected areas, update smoking and vaping policies, assess signage requirements and prepare staff and resident communications before the reforms commence. For further information, please contact our Aged Care, Retirement Living and Health Team
Megan and Helena would like to thank Ashley McConnell-Daish for her contribution to this insight.
This article is for general information only and cannot be relied upon as legal advice. Do not act on the basis of this document but seek specific advice from your legal adviser. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication and to the extent permitted by law, Cowell Clarke does not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting or refraining to act in relation on the information contained in this publication or for any decision based on it.