The Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023 will introduce 3 new offences into the Crimes Act 1900.
The reforms make it an offence to:
- Assault, throw a missile at, stalk, harass or intimidate a retail worker in the course of the worker’s duty, even if no actual bodily harm is caused to the worker, with a maximum penalty of 4 years’ imprisonment.
- Assault a retail worker in the course of the worker’s duty and cause actual bodily harm to the worker, with a maximum penalty of 6 years’ imprisonment.
- Wound or cause grievous bodily harm to a retail worker in the course of the worker’s duty, being reckless as to causing actual bodily harm to the worker or another person, with a maximum penalty of 11 years’ imprisonment.
Research from the McKell Institute, commissioned by the Shop, Distributive and Allied Employees Association found that a staggering 85% of retail workers have been abused or assaulted at work.
During the pandemic, we learned a new definition of what an essential worker was and the people working on the frontline inside stores and supermarkets were subject to increased abuse while on the job.
NSW Labor made a commitment before the election to meet the need for better protections for retail workers in NSW.
Videos of retail workers being assaulted have been widely shared on social media with many shocking and violent abuses caught on camera.
NSW Premier Chris Minns said:
"Everyone should be treated with decency and respect while at work. There is no excuse for assaulting anyone, particularly not someone who is doing their job.
“This bill reflects our government’s commitment to support our workers and ensure their safety in the workplace.”
Minister for Industrial Relations and Work Health and Safety Sophie Cotsis said:
“This type of offending causes enormous distress for the shop workers, their families and the wider community and can leave lasting emotional scars, as well as those caused by injury.
“It’s crucial that people feel safe when going to work and these changes will provide a deterrent for those who would behave in this manner to people trying to provide them with a service.
“I’ve heard firsthand from retail workers who have experienced terrible abuse which has affected their working life, this legislation signals the government’s support for our workers and their safety.”
NSW Attorney General Michael Daley said:
“Everyone deserves to feel safe at work and that includes retail workers, they are essential to our economy and society and should not be subject to violence, abuse or threats.
“The new offences will carry more severe penalties than general assault provisions, and send a strong message that this behaviour is unacceptable.
“We are committed to ensuring the justice system protects workers and that penalties are appropriate and meet community standards.”
