After years of calling for reform, the SDA has won a new right for retail workers with the ability to ban customers set to come into force.
South Australia’s current trespass laws are incredibly weak.
Criminal trespass only lasts for 24 hours. So, if a workplace bans a customer for doing the wrong thing,
nothing prevents that person from coming back, even 2 days later.
We think that doesn’t make sense and that’s why the SDA has been calling for change.
It’s retail workers who bear the brunt of customers who are repeatedly entering the same shop or shopping centre only to cause trouble.
If someone repeatedly visits a shop to abuse, assault or, even stalk workers, we need laws to support the banning of those people.
In October, SDA Secretary Josh Peak along with Premier Peter Malinauskas and Attorney General
Kyam Maher, announced a plan that would give shops and retail outlets power to seek orders against customers who are repeatedly doing the wrong thing.
The plan gives a new protection for retail workers against acts of physical violence, sexual violence, threatening behaviour, stalking, harassment and damaging property.
If customers then breach that order, the police can remove them and there can be severe penalties – including jail.
This is a huge win for workers and a fundamental step in ensuring South Aussie retail workers can go to work feeling safe.
The State Government is currently consulting on the plan, and we hope to see the new laws pass the parliament early in the new year.
How Workplace Protection Orders will work
The scheme would operate largely in the same way as intervention orders – via application to the Magistrates Court.
An employer, shopping centre or industry association can seek an order against a person because they have committed personal violence in the workplace.
A person commits personal violence in the workplace if they do any of the following:
- Threaten to cause or cause personal injury to an employee at the workplace.
- Threaten to cause or cause damage to property in the workplace.
- Is harassing or offensive to an employee while working as an employee at the workplace
- If the order is granted by the magistrates’ court, the order is enforceable by SA Police and can last up to 12 months.
A person who is found to breach an order can face penalties including up to 5 years jail.