NSW Government Announces Workplace Protection Orders
Retail workers across Newcastle, the Hunter and the Central Coast are a step closer to stronger protections from violence, abuse and intimidation at work, following the Minns NSW Labor Government’s announcement that it will introduce Workplace Protection Orders (WPOs).
The proposed laws will provide a new tool to protect workers from high-risk, repeat offenders who engage in threatening, aggressive or violent behaviour in retail workplaces.
This announcement is a significant step forward in creating safer workplaces and reflects years of advocacy by the SDA and retail workers who have called for stronger action to address the growing problem of customer violence and abuse.
Too many retail workers have experienced verbal abuse, intimidation, threats and violence simply for doing their job. No one should have to come to work fearing for their safety.
That is why the SDA has consistently campaigned for stronger protections that not only respond to incidents after they occur but help prevent harm before it happens.
What Will Workplace Protection Orders Do?
Under the proposed scheme, employers will be able to apply for a court-issued Workplace Protection Order to prohibit high-risk offenders from entering a workplace.
Importantly, unions and Health and Safety Representatives (HSRs) will also have the power to seek Orders. This ensures workers and their representatives can take action where repeat offenders continue to pose a risk, particularly when sufficient steps have not been taken to protect workers from ongoing threatening, violent or unsafe behaviour.
These Orders are designed to help stop repeat offenders before further incidents occur and provide an additional layer of protection for retail workers.
The proposed laws send a clear message: violence, aggression and harassment against retail workers will not be tolerated.
The SDA looks forward to supporting the legislation through Parliament and continuing to work with government, employers and industry stakeholders to ensure the new protections are implemented effectively and deliver meaningful improvements to workplace safety across New South Wales.
Together, we’re making retail workplaces safer.
What are Workplace Protection Orders?
Workplace Protection Orders (WPOs) are court-issued orders that can prohibit a threatening or violent individual from entering a workplace.
The Orders are intended to prevent repeat offenders from returning to workplaces where they have harassed, intimidated, threatened or assaulted workers, helping to protect staff from further harm.
Why are Workplace Protection Orders Needed?
Retail workers are facing increasing levels of customer aggression, abuse and violence.
- 88% of SDA members have experienced verbal abuse at work during the past year.
- One in four SDA members have experienced physical violence.
- Repeat offenders are responsible for more than 60% of serious incidents involving violence and aggression.
While businesses can issue banning notices, these measures are often difficult to enforce and may carry limited consequences for offenders who ignore them.
Workplace Protection Orders will provide a stronger legal mechanism to keep dangerous and repeat offenders away from workplaces, helping prevent further incidents before they occur.
Similar protections introduced in the ACT have contributed to a reduction in violent incidents and provided stronger safeguards for frontline workers.
Do These Changes Replace Existing Criminal Laws?
No.
Existing criminal offences and penalties relating to violence against retail workers will remain in place. Workplace Protection Orders are intended to complement, not replace, existing laws by providing an additional protective measure.
Serious offences against retail workers can attract significant penalties, including:
- Up to 4 years’ imprisonment for assaulting, stalking, harassing, intimidating or throwing an object at a retail worker while they are working.
- Up to 6 years’ imprisonment where an assault causes actual bodily harm.
- Up to 11 years’ imprisonment for wounding a retail worker or causing grievous bodily harm.
A person who breaches a Workplace Protection Order may face further penalties, including fines, imprisonment or both.
What Happens Next?
The legislation is expected to be introduced to the NSW Parliament in October.
If passed, the new laws are anticipated to commence within 12 months.
Workplace Protection Orders will initially apply to retail workplaces, with the potential for the scheme to expand to other industries in the future.
The SDA will continue working alongside government, employers and industry stakeholders to help ensure the scheme is implemented effectively and delivers real, practical protections for retail workers.
Safer workplaces don’t happen by accident. They’re achieved when workers stand together and fight for change.