New laws were passed in Parliament last week aimed at tackling personal violence in workplaces. The Workplace Protection (Personal Violence) Act 2025 will give businesses and others a tool – a workplace protection order –primarily aimed at protecting retail workers from violent or abusive customers.
However, the act itself does not specify retail workplaces, and, by default, it covers all workplaces. Further, it does not clarify who the WPO may be taken out against. The Chamber argued that, amongst other matters, the Act should clarify which workplaces this should cover and who a WPO application may be taken out against. We argued that the Act be reviewed after 12 months, and that it was not appropriate to provide unions and Health and Safety Representatives (in particular) with the powers to apply for a WPO.
Despite our reservations, the Chamber supported the intent of the draft legislation. The legislation will come into effect on the date the Governor approves it, so possibly within the next few weeks.
Key Features
Broadly modelled on laws in the ACT, the SA legislation addresses personal violence in the workplace. The Act will be reviewed in three years.
What is Personal Violence?: The orders may cover various forms of “personal violence,” including physical or sexual violence/abuse, threats, stalking, harassment, intimidation, offensive behaviour, and property damage causing reasonable fear.
Who can apply for a WPO?: Employers, owners of the premises, unions, and Health and Safety Representatives can apply for an order on behalf of a worker through the Magistrates Court or Youth Court.
Which workplaces are covered?: A workplace, in this legislation, is a place where work that requires direct interaction with members of the public (in person or not) is done for a business, including any place a worker goes while working.
Who can have a WPO taken out against them?: The legislation is not clear, and it appears that anyone may have an application for a WPO taken against them. This will be a matter that we will argue must be clarified in regulations.
Protection Order Conditions: WPOs can prevent offenders from entering the workplace or set conditions on their presence for up to 12 months (the Court can extend this), such as prohibiting contact with specific staff members.
Penalties for Breach: A police officer may, without warrant, arrest and detain a person suspected of contravening a WPO. Violating a WPO is a criminal offence, with non-aggravated breaches potentially leading to up to two years imprisonment and aggravated breaches, up to five years imprisonment.
The Chamber will make submissions leading up to the 3‑year review and encourages any employer who, during this period, has experience of personal violence in the workplace and subsequent interaction with this legislation, to contact the Policy and Advocacy team at the SA Business Chamber initially at policy@sabusinesschamber.com.au
If you have any queries regarding this matter, please call or email Senior Policy Adviser Karen van Gorp on karenv@sabusinesschamber.com.au or 08 83000040.
