The Labor Government's landmark Workplace Protection Order scheme is now in effect, giving businesses and unions the power to seek legally enforceable orders against violent or harassing individuals to keep workers and customers safe.
The new laws, which are the most extensive of their kind in the nation, now allow employers, unions and industry groups to apply to the Magistrates Court for an order to bar individuals who have engaged in violent or harassing behaviour from public-facing workplaces for up to 12 months.
Under the scheme, the courts can make orders preventing individuals from entering or coming within a particular distance of a workplace, or impose strict conditions on their entering the workplace, including who they are permitted to contact.
People subject to a Workplace Protection Order must also surrender any firearms and associated licences.
Breaching an order carries serious consequences - up to two years imprisonment or up to five years where the breach involves personal violence.
The Workplace Protection Order scheme applies to any workplace where the work undertaken there requires direct interaction with members of the public, including communication by phone.
Applications can be made by employers, workplace health and safety representatives, owner-occupiers, employer associations, and unions.
The scheme was developed following extensive consultation with legal, industry and policy stakeholders including the SDA, Australian Hotels Association, Australian Retail Council, SA Independent Retailers, SA Business Chamber, Shopping Centre Council, and Master Builders Association.
The commencement of these laws builds on a suite of worker safety reforms delivered by the Malinauskas Government, including increased penalties for those who assault retail workers, nation-leading knife crime reforms, and a police crackdown on shoplifting through Operation Measure.
As put by Kyam Maher
This is a significant week for South Australian workers.
The message to anyone who thinks it's acceptable to threaten, harass or assault a worker is clear, you will face serious consequences.
For too long, workers and businesses had limited options when dealing with repeat offenders who made their workplaces unsafe. That has now changed.
South Australia is leading the nation on this, and we'll keep working to make sure our workers are protected.
As put by Josh Peak, SDA Secretary
From today, retail stores, fast food outlets and petrol stations will have a clear and strong mechanism to ban abusive and aggressive customers from their workplaces.
Our members often tell us that these abusive customers are repeat offenders. Being able to stop those people from returning is a vital step to reducing violent incidents and retail crime.
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.
We're proud to have campaigned for and worked with the Malinauskas Government to create nation-leading protections for retail and fast food workers.
As put by Sarah Faorlin, Head of Acts of Violence and Aggression, Woolworths
Our team members are mothers, fathers, sons and daughters, many in their first job, and violence and aggression in the workplace is unacceptable.
Workplace Protection Orders are a proven solution to reducing retail crime. These orders give us the power to prevent high-harm, repeat offenders from entering our stores and send a clear message that violence and abuse will not be tolerated.
Woolworths has already taken action, successfully lodging the first four Workplace Protection Order applications in South Australia against repeat high harm offenders.
With retail violence on the rise, we urge all states and territories to follow the lead of South Australia and the ACT to better protect retail workers.
As put by Neil Borrington, Head of Store Operations, Coles
We welcome the South Australian Government's move to establish Workplace Protection Orders, which will make a real difference in addressing the serious challenge our team are faced with every day.
Coles has been advocating for stronger protections for retail workers across Australia, and we are pleased to see South Australia take action.
This is a really important step that will help to reduce retail crime, creating safer environments for our team members and customers. It's a win for our team, and a win for communities right across South Australia
No team member should have to come to work worried about being threatened, abused or assaulted, and these reforms are an important step towards addressing the growing issue of retail crime and repeat offending.
