The Commonwealth Workplace Protection Orders Bill 2024 (Bill) has been introduced into Parliament to provide additional legal protections to Commonwealth workers, and to deter acts of aggression by members of the public.
The Bill enables authorised persons of a Commonwealth entity or the High Court to apply to a State or Territory Magistrates Court, Federal Court or the Federal Circuit and Family Court of Australia for a workplace protection order (WPO).
The Bill implements a recommendation from the Services Australia Security Risk Management Review 2023, which followed the assault of a staff member with a bladed weapon at a Services Australia Service centre.
To grant a WPO, the Court must be satisfied that personal violence against a Commonwealth workplace or worker has occurred out of, or in direct connection with the workplace or worker’s official functions or duties and that there is a real risk that the respondent will engage in further violence.
The Court will have discretionary powers regarding the conditions or prohibitions of the WPO in line with what they consider is necessary to protect the safety of the Commonwealth worker.
In determining the conditions of the WPO, the Court must consider:
- any hardship that it considers is likely to be caused to the respondent;
- any likely hardship if the condition is not imposed;
- previous personal violence engaged in by the respondent;
- whether the condition achieves the objects of the Act while minimising restrictions on the rights and liberties of the respondent; and
- any other matters that the Court considers relevant.
The penalty for contravening a WPO is 2 years imprisonment and/ or 120 penalty units.
The Bill ensures that a WPO will not prevent a person from accessing government services and benefits, which they otherwise would be eligible for, or prevent them from exercising their right to political communication. Where the WPO is at risk of doing this, the application must include alternative procedures for how the respondent may continue to access these services or engagement.
How does the Bill increase protection for Commonwealth workers?
Currently, the only jurisdiction in which WPOs are available is the ACT under the Personal Violence Act 2016. The ACT scheme permits the employer for a workplace to apply to the Magistrates Court for a WPO on behalf of an affected person.
The Bill seeks to apply a similar scheme on a broader scale, but with some differences. For example, the Bill differs from the WPO framework under the ACT legislation by expressly providing that respondents are still able to access the services offered by the workplace, rather than leaving it to the discretion of the court to facilitate access as part of its broader consideration of the WPO application.
Further, the Bill expands the geographical jurisdiction so that it is consistent with the Commonwealth Criminal Code. It provides that the offence applies regardless of whether the conduct constituting the alleged offence occurred in Australia and whether or not the result of the conduct occurred in Australia.
The expansion of the jurisdiction is significant because it recognises that Commonwealth workers stationed overseas also face serious risks of harm. It also further acknowledges that harm can be committed via phone or online from anywhere in the world and ensures that WPOs can be enforced accordingly.
What happens next?
There remain some significant questions regarding how the increased protections for Commonwealth employees under the Bill will operate.
The Bill is currently before the House of Representatives, with the second reading speech having been moved prior to the end of final sitting week of 2024. Parliament is expected to reconvene in February 2025, however with a Federal election expected to be called at the beginning of the year, there is uncertainty as to when, or if, the Bill will be passed before the election.
HWL Ebsworth will continue to monitor movement of this Bill and will provide a further update in due course.
This article was written by Alison Spivey, Partner, Harriet Boothman, Senior Associate, and Georgia Driels, Associate.
