Nation leading laws for stronger protections for SA workers pass Parliament

Tough laws to better protect South Australian workers from violence and intimidation in the workplace will pass State Parliament this week.

The Government’s workplace protection order scheme – the most extensive of its kind in the nation - would give businesses, employers, industry groups and unions the ability to apply to the Magistrates or Youth Court to bar individuals from entering or being within a particular distance of a workplace, if there are concerns they will continue to engage in violent or intimidating behaviour in the workplace.

Orders could last for up to 12 months, and either prevent the violent individual from entering or coming near the premises, or impose strict conditions on their presence in the workplace – including conditions on who they are able to have contact with.

People subject to orders would also need to surrender any firearms or associated licences.

The laws have been modelled on legislation successfully operating in the ACT and have been crafted with the input of unions, workers and employers.

The Government will work with authorities to commence the new laws as soon as possible.

In a separate piece of work, South Australia will lead the way for the rest of the nation to work toward national consistency on Workplace Protection Order schemes, as part of an outcome from the recent meeting of the Standing Council of Attorneys-General (SCAG). South Australia will lead a working group on information-sharing, potential reforms and opportunities to improve responses to retail violence.

The nation-leading Workplace Protection Order legislation also builds on the increased penalties for assaulting retail workers that the Malinauskas Labor Government brought in as one of its first acts of coming to Government.

Under the increased penalties that commenced in August 2022, people convicted of basic assault against a retail worker while performing their duties could face up to five years in prison (up from two years), while someone convicted of assault causing harm could be imprisoned for up to seven years (increased from three).

Quotes

Attributable to Kyam Maher

Violence and threatening behaviour has no place in our community, especially when it’s directed against people who are simply trying to do their job.

These laws will help better protect South Australians at work, particularly retail and hospitality workers, while giving both businesses and unions the power to step in to bat for them when needed.

While not restricted to retail and hospitality workers, these laws build on the work this Government has done to better protect retail workers, including increasing penalties for those who assault or threaten retail workers.

This is a Government that is committed to workers’ safety.

Attributable to Shop, Distributive, and Allied Employees Association (SDA) SA Secretary Josh Peak

These laws are aimed at making sure South Australia continues to be the safest place in the country for retail workers.

Employers and workers will finally have the power to seek to ban customers who repeatedly abuse or threaten workers.

If you abuse or assault a retail worker, you don't deserve the right to return to their workplace.

No South Australian should have to go to work and fear for their safety – and this legislation will help make that a reality.

It's great to see the Malinauskas Government continuing to implement nation-leading reforms to protect retail and fast food workers.