The NSW Minns Labor Government introduced legislation to parliament that would allow courts to issue Workplace Protection Orders against threatening, abusive or violent customers, the Department of Communities and Justice said in a statement. Breaching an order will carry a penalty of up to two years imprisonment, a $5,500 fine, or both.
Under the Work Health and Safety Act 2011, a person who conducts a business or undertaking may seek an order to protect one or more of their workers. Unions, business groups and health and safety representatives are also eligible to lodge an application, provided they have authorisation from the people they represent. Available court restrictions include prohibiting a perpetrator from setting foot in a workplace, reaching out to staff members, or holding weapons.
Retail workplaces are the initial target of the scheme, with coverage expandable to other public-facing settings through regulation as needed. Minister for Industrial Relations Sophie Cotsis said the government had heard calls from workers for stronger protections and was moving to prevent abusive customers from accessing stores or reaching staff. The statement said the new laws hand businesses and workers an additional tool to step in before conduct escalates.
Secretary Bernie Smith said a small fraction of offenders, just 10%, account for 60% of the problems occurring in shops, and that the laws would remove those repeat offenders from retail premises.
To allow time for education, training and justice system upgrades, the laws are not expected to commence until up to 12 months after passing parliament. The legislation will be subject to a statutory review after three years. Under the Crimes Legislation Amendment (Assault on Retail Workers) Act 2023, 673 individuals faced charges covering 884 offences; of those, 103 were sentenced to custodial imprisonment and 68 received monetary fines.
A Shop, Distributive and Allied Employees' Association survey covering 2,592 retail workers found that 88% had experienced verbal abuse on the job and 25% had experienced physical violence.
Official statements: Dcj
Reporting: SmartCompany
Written by Pick & Scroll News from the reporting and documents linked above.
