In late 2024, the Chamber was asked to comment on the draft Workplace Protection (Personal Violence) Bill that proposed to implement a workplace protection order scheme to strengthen safeguards for workers against violence in the workplace.
When the legislation was first proposed, it was intended to only apply to retail and hospitality businesses. Since the provision of the draft bill, this appears to no longer be the case, and it will impact all businesses.
There was no public consultation on the draft bill, however, specific retail employers, retail and hospitality associations, government, and legal bodies were invited to comment. Retailers, hospitality venues, and the police are in favour of this proposed legislation, in principle.
In addition to our concern over the broad coverage of the bill and lack of wider consultation to reflect this, the Chamber is concerned that several operational issues have not been worked through to our satisfaction, which may have unintended or even material consequences.
One specific issue is the additional powers, outside the Work Health and Safety Act 2012, conferred on Health and Safety Representatives to apply to the Magistrate’s Court for a workplace protection order (employers, owners, associations, and unions can also apply). The order can be for up to 12 months with the intention of stopping a person who has used personal violence in relation to a workplace and may engage in personal violence if the order is not made.
Of particular interest to the retail sector facing issues of youth violence, the Bill enables similar processes to be followed when the perpetrator is underage.
This proposed legislation may increase the cost of doing business, at the least, the employer making an application will be required to pay for the application and possibly representation. Productivity in the workplace may also be impacted depending on the circumstances.
The Chamber has arranged for an extended period of consultation of two weeks. The draft legislation is not publicly available so associations and businesses who believe they may be affected and would like to discuss further are encouraged to contact Senior Policy Adviser Karen van Gorp by email at karenv@sabusinesschamber.com.au
