The South Australian Business Chamber acknowledges the serious impact workplace violence can have on workers, businesses and the broader community and supports practical measures to improve workplace safety, however, businesses should be aware that the legislation extends far beyond the retail sector. The Workplace Protection (Personal Violence) Act 2025, which commenced on 4 May 2026, is intended to address increasing incidents of violence and abuse in workplaces.
Recent media has focused on the impact this will have on retail workplaces however, businesses should be aware that the legislation extends far beyond the retail sector.
The Act applies broadly to any place where work is carried out for a business or undertaking, including locations a worker may attend while performing work. This can include offices, vehicles, customer premises, remote work arrangements and other mobile workplaces. The legislation therefore has the potential to affect a wide range of industries and working arrangements across South Australia.
Under the Act, a Workplace Protection Order (WPO) may be sought where workplace-related personal violence has occurred or there are concerns it may occur. Applications can be made by employers, property occupiers, employer associations, unions and Health and Safety Representatives (HSRs).
“Personal violence” is defined broadly and includes threatening, intimidating or offensive behaviour, stalking, harassment and property damage causing reasonable fear.
For example, a small plumbing business may now need to consider whether repeated aggressive behaviour from a customer towards a tradesperson attending a residential property could justify seeking a WPO. Similarly, a café owner dealing with ongoing threatening conduct from a banned patron may need to navigate the court process while also managing staffing and safety obligations.
While the intent of the legislation is broadly supported, several aspects of the Act remain largely untested. Industry stakeholders have raised concerns regarding how the legislation will operate in practice and how it will interact with existing workplace safety, criminal and domestic violence laws. Further, we are concerned that the legislation in its current form may be used mischievously within the workplace – e.g. a WPO could be sought by a worker (via their representative) against a fellow worker. At the very least, even if a WPO was not put in place, the business would be significantly impacted through lost productivity and cost.
Importantly, the Government has indicated that no supporting regulations are proposed. This means there may be limited practical guidance available to businesses, workers and the courts regarding interpretation and implementation.
SA Business Chamber has sought further clarity on:
The Chamber notes this extension of HSR powers goes beyond the existing consultative role under South Australia’s current WHS framework. The Chamber is reviewing its HSR training to help businesses and representatives understand these new responsibilities.
Employers should now consider the Act as part of their broader work health and safety obligations. Failure to do so could increase regulatory and liability risks where employee safety is affected.
The Chamber will continue working constructively with the Government and stakeholders to support practical implementation that improves workplace safety while minimising unnecessary complexity and unintended consequences for South Australian businesses.
Businesses seeking advice regarding the new Act are encouraged to contact the SA Business Chamber Business Advice Hotline on (08) 8300 0106.
