Bills

Workplace Protection (Personal Violence) Bill

Introduction and First Reading

The Hon. K.J. MAHER (Deputy Premier, Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (11:02): Obtained leave and introduced a bill for an act to protect people from personal violence in the workplace, to make a related amendment to the Youth Court Act 1993 and for other purposes. Read a first time.

Second Reading

The Hon. K.J. MAHER (Deputy Premier, Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (11:03): I move:

That this bill be now read a second time.

I am proud to introduce the government's Workplace Protection (Personal Violence) Bill 2025. Community safety is a top priority of this government, and we have demonstrated that commitment by a strong history of reforms that ensure workers and customers have strong protections in the face of workplace violence and harassment. Today, we are introducing yet another protection that sends a clear message that every person has a right to feel safe when they are at work, and that abuse to workers will not be tolerated.

Following extensive consultation with stakeholders—including business representative groups, employee representative bodies, industrial organisations, unions and the legal profession—the government is pleased to introduce this bill, which will implement a workplace protection order scheme in South Australia.

Under the bill, the Magistrates Court or Youth Court may, on application, make a workplace protection order against the defendant if satisfied that the defendant has engaged in personal violence in relation to a workplace, and that they may engage in personal violence in relation to a workplace during the time that the order is proposed to operate if the order is not made.

For the purposes of this bill, 'personal violence' includes a range of behaviours by a person in relation to another person in a workplace: namely, 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.

Under the bill, 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, and in any other work of a prescribed kind, but does not include work or a workplace that is prescribed by regulation.

An application for a workplace protection order can be made by an employer; an owner or occupier of the premises in which the workplace is situated; a representative of an employer association of which an employer is a member; a health and safety representative for the workplace; or a union entitled to represent the industrial interests of workers at the workplace.

The court must consider a range of factors in deciding whether to make a workplace protection order. They include the objects of the act; any hardship that may be caused to the defendant or anyone else by the making of the order; any previous personal violence by the defendant in relation to an affected person or anyone else; any previous protection or intervention orders made in relation to the defendant, as well as any previous contravention of those orders by the defendant; and the need to ensure that property is protected from damage. The court may also consider anything else it considers relevant.

A workplace protection order must be subject to a condition that, where relevant, any firearm, ammunition or part of a firearm in the defendant's possession, and any licence or permit authorising possession of a firearm held by the defendant, must be surrendered to the Registrar of Firearms. Other conditions that may be included in a workplace protection order are that the defendant be prohibited from entering the workplace, being within a particular distance of the workplace, engaging in personal violence in relation to the workplace, and causing someone else to engage in personal violence in relation to the workplace. A workplace protection order may also state the conditions on which the defendant may be in the workplace or interact with a particular person.

In determining the conditions of a workplace protection order, the court must give paramount consideration to the safety and protection of affected persons and must ensure that the conditions are the least restrictive of the personal rights and liberties of the defendant as possible that still achieve the objects of the act. The court may make an interim workplace protection order before the application for an order is determined if it is satisfied that it is necessary to ensure the safety of an affected person from personal violence or to prevent substantial damage to property at a workplace. A final workplace protection order can only be made for a period of 12 months or less, unless the court is satisfied that there are special or exceptional circumstances to justify a longer period.

Under the bill, a workplace protection order may also be varied or revoked on application by the applicant, a protected person, or the defendant. However, the defendant may only apply to vary or revoke a workplace protection order without the court's permission the first time, with any subsequent applications to vary or revoke workplace protection orders requiring the permission of the court. The court may only vary or revoke a workplace protection order if it is satisfied that doing so will not adversely affect the safety of a protected person and, in the case of a variation of an order (including to extend an order beyond 12 months), the order as varied is one that could be made on the application of a workplace protection order.

It will be an offence under the bill to contravene a workplace protection order, with the maximum penalty of two years' imprisonment if the commission of the offence does not involve personal violence, and five years' imprisonment if the commission of the offence involves personal violence.

This government is proud to back workers and act to ensure they feel protected in doing their jobs. I would like to thank stakeholders who provided feedback on the government's consultation bill, which has informed the bill that we have here today. In particular, I acknowledge the Shopping Centre Council of Australia, SA Independent Retailers, SA Business Chamber, Australian Hotels Association, National Retailers Association, the Shop, Distributive and Allied Employees Association (SDA), and Woolworths for their collaborative engagement in getting this bill to the stage it is today and into parliament.

A workplace protection order scheme would boost the protection of workers and deter the perpetration of antisocial behaviours that unacceptably put employees' safety at risk. I commend the bill to members and seek leave to insert the explanation of clauses in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Objects of Act

This clause provides for the objects of the Act to include—

to prevent and reduce personal violence in workplaces; and

to facilitate the safety and protection of people who fear or experience personal violence at work by providing a legally enforceable mechanism to prevent personal violence; and

to encourage perpetrators of personal violence to be accountable for their conduct; and

to allow for the resolution of conflict without the need for adjudication.

4—Interpretation

This clause provides definitions for the purposes of the measure. Of note is the definition of personal violence, which when occurring in relation to a person at a workplace may form the basis of a protection order under the measure. Personal violence is defined to be any of the following in relation to another person:

physical violence or abuse;

sexual violence or abuse;

threatening behaviour;

stalking;

harassing, intimidating or offensive behaviour;

damaging property.

5—Meaning of workplace

This clause provides, subject to subclause (2) that a workplace is a place where prescribed work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while undertaking prescribed work. In this definition of workplace—

prescribed work means work that requires direct interaction with members of the public (irrespective of whether the interaction is in person or not) or any other work of a prescribed kind, but does not include work of a kind excluded from the definition by the regulations; and

place includes a vehicle, vessel, aircraft or other mobile structure, and any waters and any installation on land, on the bed of any waters or floating on any waters.

Subclause (2) provides that a reference to a workplace will be taken to not include a prescribed workplace or a prescribed class of workplace.

Part 2—Workplace Protection Orders

6—Application for workplace protection order

This clause provides for applications for a workplace protection order to be made to the Magistrates Court. The persons entitled to apply are:

an employer at the workplace;

the owner or occupier of the premises in which the workplace is situated; or

a representative of an employer association of which an employer at the workplace is a member;

a health and safety representative for the workplace; or

a union entitled to represent the industrial interests of workers at the workplace.

On an application the Court must fix a date for a preliminary conference unless—

an interim order is sought; or

the Court is satisfied, on application or its own initiative, that—

holding a preliminary conference would create an unacceptable risk to a person's safety; or

a preliminary conference would be unlikely to achieve its objects,

in which case the Court must fix a date for the hearing of the application which, if an interim workplace protection order is sought, must be returned before the Court as a matter of priority, as far as is practicable.

The Court must, on fixing a date for a preliminary conference or for the hearing of an application, issue a summons for the appearance of the defendant on the date fixed.

7—Preliminary conferences

This clause provides for preliminary conferences the purpose of which is to—

determine whether the proceedings for the order may be settled by consent without the need for a full hearing; and

ensure the application is ready to be heard as soon as practicable.

The Court must not hold a preliminary conference if the Court considers, on application or on its own initiative, that—

holding a preliminary conference would create an unacceptable risk to a person's safety; or

a preliminary conference would be unlikely to achieve its objects.

The Court may refer the parties to mediation if the Court is satisfied that the application is likely to be more effectively resolved by mediation than by a hearing.

8—Interim workplace protection order

This clause provides that the Magistrates Court may, at any time during proceedings on an application for a workplace protection order, make an interim workplace protection order before the application for the workplace protection order is determined.

An interim workplace protection order may be made if the Court is satisfied that the order is necessary to do either or both of the following before the application for the workplace protection order is determined:

ensure the safety of an affected person from personal violence;

prevent substantial damage to property at a workplace.

9—Workplace protection order

This clause provides for the Court to make a workplace protection order against a defendant in proceedings if satisfied that the defendant—

has engaged in personal violence in relation to a workplace; and

may engage in personal violence in relation to a workplace during the time the order is proposed to operate if the order is not made.

In deciding whether to make a workplace protection order the Court must consider the following (in addition to anything else the Court considers relevant):

the objects of the measure;

any hardship that may be caused to the defendant or anyone else by the making of the order;

any previous personal violence by the defendant in relation to an affected person or anyone else;

any previous protection order or intervention order made in relation to the defendant;

any previous contravention of a protection order or intervention order by the defendant;

the need to ensure that property is protected from damage.

A workplace protection order may be made in the absence of the defendant if the defendant was required by summons to appear at the hearing of the application and failed to appear in obedience to the summons.

10—Protection orders by consent

This clause provides that the Magistrates Court may, if a defendant consents to the making of a workplace protection order or an interim workplace protection order, make the relevant order against the defendant—

without receiving any further submissions or evidence as to the grounds; and

whether or not any ground for making the order has been made out; and

whether or not the court has considered any matters required to be taken into account under the measure before the making of the order.

11—Conditions of protection orders

This clause provides that a workplace protection order or an interim workplace protection order will be subject to the following conditions:

a condition that any firearm, ammunition or part of a firearm in the possession of the defendant and any licence or permit held by the defendant authorising possession of a firearm must be surrendered to the Registrar of Firearms; and

any other conditions the Court considers necessary.

In determining the conditions to be included in a workplace protection order or an interim workplace protection order, the Court must—

give paramount consideration to the safety and protection of affected persons; and

ensure the conditions included in a workplace protection order or an interim workplace protection order are the least restrictive of the personal rights and liberties of the defendant as possible (while ensuring the safety and protection of affected persons and achieving the objects of the measure).

The Court may omit, vary or revoke a condition of a workplace protection order or an interim workplace protection order relating to a firearm or ammunition if satisfied that—

there are cogent reasons to do so; and

the possession of the firearm, ammunition or part of a firearm by the defendant does not represent an undue risk to the safety and protection of an affected person.

12—Commencement of protection order

A workplace protection order or an interim workplace protection order comes into force against a defendant when served on the defendant, which occurs when—

the defendant is present in the Court when the order is made; or

the order is served on the defendant personally; or

the order is served on the defendant in some other manner authorised by the Court.

13—Explaining order to parties present in court

This clause provides that the Magistrates Court must, on making a workplace protection order or interim workplace protection order, explain the order to the defendant and any protection person who is present in court when the Court makes the order.

14—Duration of workplace protection order

This clause provides that, on the making of workplace protection order, the order will remain in force for—

12 months; or

if a shorter period is stated in the order—the period stated; or

if the Court is satisfied that there are special or exceptional circumstances that justify a longer period—the stated longer period.

15—Variation and revocation of protection orders

This clause provides that the Magistrates Court may vary or revoke a workplace protection order or an interim workplace protection order. An order may be varied by—

varying the conditions of the order; or

reducing the period for which the order is in force; or

extending the period for which the order is in force.

The Court may only vary or revoke an order if satisfied that—

varying or revoking the order will not adversely affect the safety of a protected person; and

in the case of a variation of the order, the order as varied could be made on application for a workplace protection order.

An application for the variation or revocation of an order may be made by—

the person who applied for the workplace protection order;

a protected person;

the defendant (except for the first application, a defendant may only make an application for the variation or revocation of a protection order with the permission of the Court).

16—Offence to contravene protection order

This clause provides that a person commits an offence if the person engages in conduct that contravenes a protection order (including a condition of a protection order) applying in relation to the person.

The maximum penalty for an offence will be—

if the offence is not committed in aggravated circumstances (where the offence involves personal violence)—imprisonment for 2 years;

if the offence is committed in aggravated circumstances—imprisonment for 5 years.

17—Principal Registrar to give notice of protection order

This clause provides that the Principal Registrar of the Magistrates Court must, on the making of a workplace protection order or an interim protection order, give a copy of the order to—

each party to the proceedings on the application for the order; and

each of the following persons who was not a party to the proceedings:

a person who is a protected person under the order;

an employer at the workplace; and

the Commissioner of Police; and

the Registrar of Firearms; and

any other person the specified by the Court to receive a copy of the order.

Part 3—Miscellaneous

18—Provision of information by police

This clause provides for the provision of the information by the Commissioner of Police to the Court and to a person who is entitled to apply for a workplace protection order in relation to the workplace. Information may only be provided to a person entitled to apply for an order relating to a workplace if reasonable grounds exist to suspect that a person has engaged in personal violence in relation to the workplace .

Information that may be provided under the clause is a person's name and address and the person's relevant history. The provision of information is subject to a provision of the Young Offenders Act 1993 that prohibits or limits the publication of the information. Personal information relating to a person other than the person who is the subject of the application must not be provided to a person entitled to apply for an order unless the provision of the information is required or authorised by the Court or by or under another Act or law.

The clause provides that it will be an offence for a person who is provided with information under subclause (2) (being a person entitled to apply for an order) must not use the information for a purpose other than making an application under the measure or proceedings under the measure. A maximum penalty of $10,000 will apply.

19—Costs

This clause provides that each party to a proceeding for a workplace protection order is responsible for the party's own costs of the proceedings. The Court may make an order about costs—

against the applicant for a workplace protection order if the court is satisfied the application was vexatious, frivolous or in bad faith; or

against the defendant if the court considers it appropriate to do so.

20—Power to arrest and detain for contravention of protection order

This clause provides that if a police officer has reason to suspect that a person has contravened a protection order, the officer may, without warrant, arrest and detain the person.

21—Burden of proof

This clause provides that, in proceedings under the measure, the Court is to decide questions of fact on the balance of probabilities.

22—Consequential and ancillary orders

This clause provides that the Court may, on making or varying a protection order, make any consequential or ancillary order it thinks fit, including, in a case where the protection order prohibits the possession of an article or weapon (including a firearm) or an article or weapon of a specified class, an order—

providing for the surrender or confiscation of the article or weapon or such an article or weapon; and

if the circumstances of the case so require, authorising a police officer—

to enter and search and, if necessary, use reasonable force to break into or open—

premises or a vehicle in which the article or weapon, or such an article or weapon is suspected to be; or

part of, or anything in or on, premises or a vehicle in which the article or weapon, or such an article or weapon is suspected to be; and

to take possession of the article or weapon, or such an article or weapon.

23—Regulations

This clause provides that the Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, the measure which may—

(a) be of general or limited application; and

(b) make different provision according to the matters or circumstances to which they are expressed to apply; and

(c) impose fines, not exceeding $5,000 for offences against the regulations; and

(d) fix expiation fees, not exceeding $315 for alleged offences against the regulations; and

(e) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other specified person or body.

The Minister may prescribe fees for the purposes of the measure by fee notice under the Legislation (Fees) Act 2019. A fee notice may provide for the waiver, reduction or remission of fees.

Schedule 1—Related amendments

Part 1—Amendment of Youth Court Act 1993

1—Amendment of section 7—Jurisdiction

This clause amends section 7 of the Youth Court Act 1993 to provide that the Youth Court has the same jurisdiction as the Magistrates Court to make a workplace protection order or an interim workplace protection order under the Workplace Protection (Personal Violence) Act 2025 where the person who is to be subject to the order is a child or youth, and has power under that Act to vary or revoke such an order previously made by the Court.

Debate adjourned on motion of Hon. B.R. Hood.