As we have previously advised, this Act creates a Workplace Protection Order (WPO) scheme in South Australia that is designed to strengthen protections for public-facing employees. The intent of the act is to protect a range of at-risk workers in specific industries such as hospitality and retail; however, the act applies to all South Australian workplaces.
Under the scheme only:
may apply to the Magistrates Court or Youth Court in SA to impose a workplace protection order against individuals who have engaged in personal violence in relation to a workplace, and who may engage in future violent behaviour in relation to that business premises.
“Personal violence” includes a range of behaviours by a person in relation to another person in a workplace, including physical violence or abuse; sexual violence or abuse; threatening behaviour; stalking; harassing; intimidating or offensive behaviour; and the damaging of property that causes reasonable fear to a person.
A “workplace” means a place where the work carried out requires direct interaction with members of the public, irrespective of whether that interaction is in person or not.
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 raised several issues prior to the making of the legislation and is concerned, in the first instance, that 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 Act will be reviewed in three years.
The Chamber will make submissions leading up to the 3‑year review and encourages any business that, during this period, has experience of personal violence in the workplace and subsequent interaction with this legislation, to contact our Policy and Advocacy team at policy@sabusinesschamber.com.au
If you have any queries regarding this matter, please reach out to Karen van Gorp, Senior Policy Adviser at the SA Business Chamber.
Email: karenv@sabusinesschamber.com.au | Phone: 08 83000040
