NSW Workplace Protection Orders: New Law Protects Retail Workers

• New South Wales will introduce Workplace Protection Orders (WPOs) to safeguard retail workers from abuse and violence.
• Courts can issue WPOs with conditions like banning offenders from premises or prohibiting contact with staff, targeting individuals aged 14 and older who stalk or intimidate.
• Businesses, unions, and health and safety representatives can apply for these orders on behalf of workers.
• Breaching a WPO carries a maximum penalty of two years' imprisonment, a $5,500 fine, or both.
• The legislation is expected to be introduced in October and commence within 12 months of passage, building on previous laws against harassing retail workers.

The proposed WPOs are specifically designed to address individuals aged 14 and older who engage in stalking, intimidation, or acts constituting a personal violence offence within a workplace, particularly when there are reasonable grounds to believe such behavior will persist.

The New South Wales government is set to introduce groundbreaking legislation establishing Workplace Protection Orders (WPOs), a new mechanism designed to shield employees from abuse and violence. These orders will initially focus on the retail sector, providing a crucial layer of security for workers in public-facing roles. The proposed WPOs are specifically designed to address individuals aged 14 and older who engage in stalking, intimidation, or acts constituting a personal violence offence within a workplace, particularly when there are reasonable grounds to believe such behavior will persist.

The conditions imposed by a WPO can be comprehensive, including measures such as banning an individual from specific premises, prohibiting them from contacting staff members, or even preventing them from possessing weapons. This flexibility allows the courts to implement safeguards appropriate to the specific risks identified. A key aspect of the new framework is the broad scope of entities authorized to apply for these orders.

Under the provisions of the Work Health and Safety Act 2011, a person conducting a business or undertaking (PCBU) can initiate an application for a WPO on behalf of one or more of their workers. Furthermore, business groups, unions, and health and safety representatives are also eligible to apply, provided they have received authorization from the workers they represent. This collaborative application process underscores the collective responsibility for worker safety.

Breaching a Workplace Protection Order will carry significant legal consequences, reflecting the seriousness with which the NSW government views worker safety. Offenders found in violation of a WPO face a maximum penalty of two years' imprisonment, a fine of $5,500, or both. This robust penalty structure is intended to act as a strong deterrent against non-compliance.

The legislation is slated for introduction to parliament in October, following extensive consultations with a wide array of stakeholders including employers, police, unions, government agencies, and legal experts. While initially targeting retail environments, the government retains the power to extend the scheme to other public-facing workplaces through regulation. The laws are anticipated to commence within 12 months of their passage, allowing ample time for essential education, training programs, and necessary upgrades to the justice system. A statutory review of the orders is scheduled to occur three years after their implementation to assess their effectiveness.

The proposed WPOs build upon previous legislative efforts aimed at curbing violence and misconduct in retail settings. In 2023, the state introduced three new offences specifically targeting individuals who harass, stalk, or assault retail workers, carrying potential penalties of up to 11 years' imprisonment. These cumulative measures demonstrate a concerted effort to enhance legal protections for frontline staff.

Industrial Relations Minister Sophie Cotsis highlighted that this legislation complements ongoing initiatives to foster safer workplaces, referencing the earlier offences for retail worker harassment. Attorney General Michael Daley affirmed that these protections emerged from extensive collaboration with industry, law enforcement, and judicial bodies. Industry leaders have also voiced strong support, with Bernie Smith, Secretary of the Shop, Distributive and Allied Employees Association NSW, noting that WPOs will target high-risk offenders and prevent repeat incidents. Angus Nardi, Chief Executive of the Shopping Centre Council of Australia, added that the orders will provide a vital mechanism to ban individuals responsible for high-harm abuse and violence from retail environments and shopping centres.

Lawyers and compliance officers in NSW should advise retail sector clients on the upcoming Workplace Protection Orders, understanding the application process for these orders and the significant penalties for their breach. This new legislation provides a mechanism for businesses and unions to protect workers from harassment and violence.

Source: Original reporting via Australasian Lawyer