Question:

Just before the finish of your shift you are called by Protective Service Officer Matthew Marshall who is training. He has witnessed a staff member smoking in full uniform approximately 10 metres outside the boundary of the hospital grounds. The staff member is wearing a jacket that says "Bracken Ridge Hospital Intensive Care Nurse" on the back. Matthew believes that the staff member should be issued with an Official Warning because they are smoking in uniform in full view of the public during their shift. Discuss with Matthew your interpretation of what legislation applies and what action you recommend.

Scenario:

You are a Protective Service Officer at the Bracken Ridge Hospital which is part of the North Brisbane Hospital and Health Service (NBHHS). You are appointed an authorised person and security officer under sections 164-165 of the Hospital and Health Boards Act 2011(Qld). Your role is to ensure the safety and security of people on health service land and to enforce a range of legislation that is relevant to your role.

You are patrolling the grounds of the hospital with your colleagues, Protective Service Officer Michael Farias and Senior Protective Service Officer Marcus Deiley, enforcing the smoking legislation.

In order to successfully answer this question:

1. Identify if any legislation is being broken, particularly legislation which relates to tobacco on health facility land
2. Outline why or why not the legislation is being breached. Justify your response with legislative referencing
3. Contextualise this in your own words, referencing what ideas you used to guide your thought process when responding to this question.