The Minns Labor Government will legislate stronger protections for workers, bringing in Workplace Protection Orders (WPOs) to protect staff from abuse and violence.
The orders will apply to those aged 14 and older who stalk, intimidate or engage in conduct amounting to a personal violence offence at a workplace if there are reasonable grounds to fear this behaviour will continue.
Courts will be able to make orders for the duration and with conditions deemed necessary to stop protected workers being assaulted, threatened, stalked, harassed or intimidated. This can include banning someone from a premises, contacting staff or possessing weapons.
A person conducting a business or undertaking under the Work Health and Safety Act 2011 will be able to seek a WPO on behalf of one or more workers. Business groups, unions and health and safety representatives can also apply with authorisation from those they represent.
Breaching a WPO will be punishable by up to two years' imprisonment, a $5,500 penalty or both.
The legislation set to be introduced to Parliament in October follows extensive consultation with employers, police, unions, government agencies and legal stakeholders about a model for WPOs.
WPOs will initially apply to retail workplaces, with the Government able to extend the scheme to cover other public facing workplaces by regulation as needed.
The laws are expected to come into effect within 12 months of their passage to allow for education, training and justice system upgrades. They will also be subject to a statutory review after three years.
They build on the work of NSW Police who under Operation Percentile have charged more than 1,300 people taken more than 1,550 legal actions and identified over 2,380 offences linked to more than $600,000 in stolen stock.
In 2023, the Government created three new offences for harassing, stalking or assaulting a retail worker punishable by up to 11 years' imprisonment.
The Government has also formed a tripartite working group with SafeWork NSW, SDA and retailers to address violence and abuse against workers in the retail sector and ensure compliance.
This work is also backed by SafeWork NSW's Respect at Work team who create tailored guidance preventing harassment in the retail sector.
Minister for Industrial Relations Sophie Cotsis said:
"The Minns Labor Government has zero-tolerance for violence and abuse towards workers and these laws have been designed to protect workers who are simply doing their jobs.
"This legislation builds on the work we are doing to create safer workplaces for workers including the introduction of offences for harassing, stalking or assaulting a retail worker.
"As a former retail worker myself, I want customers to take a moment to remember that the people who serve you deserve respect.
"Workers have the right to feel safe at work and these protections are an important step in our commitment to creating safer workplaces."
Minister for Police and Counter-terrorism Yasmin Catley said:
"NSW Police are doing outstanding work taking retail offenders off our streets, with more than 1,000 people charged for stealing more than half a million dollars in stock.
"But we're not stopping there. No one should have to put on a uniform, walk through the doors of their workplace and fear what might happen to them for doing their job.
"Our police are standing shoulder-to-shoulder with workers and retailers every day and this is the next step in making sure workers aren't left to face threats, intimidation and abuse alone."
Attorney General Michael Daley said:
"Violence against workers is never acceptable. These tough new laws will crack down on offenders who harass, intimidate and abuse someone who is simply trying to do their job.
"We have worked extensively with the employers, law enforcement, unions and the courts to design the strongest possible protections for workers."
Shop, Distributive and Allied Employees Association NSW Secretary Bernie Smith said:
"Abuse and violence against retail workers must stop. Repeat offenders are responsible for over 60% of serious incidents. Workplace Protection Orders target these high-risk offenders and prevent repeat incidents.
"The SDA union welcomes the Minns Labor Government's legislation for Workplace Protection Orders. Retail workers look forward to all MP's supporting these vital laws through parliament."
Shopping Centre Council of Australia Chief Executive Angus Nardi said:
"We commend Attorney General Michael Daley, Minister Yasmin Catley and Minister Sophie Cotsis for delivering on the NSW Government's commitment to legislate for strong protections against abuse and violence for workers in retail settings."
"WPOs are an effective mechanism to ban high-harm abuse and violent offenders from shopping centres and other retail settings."
"This is another positive step in the delivery of the Government's Retail Crime Strategy, which sends a strong signal that aggression, violence and intimidation in retail settings will not be tolerated."
