The Liberal-National Opposition had attempted to delay a vote by referring the bill to a committee with the Greens.
However, a range of independents and crossbench parties voted with the government to pass the The Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023.
The bill creates three new offences into the Crimes Act 1900. It is now 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 per cent of retail workers report abuse on the job and a lack of adequate deterrent measures has contributed to this problem.
NSW Labor made a commitment before the election to meet the need for better protections for retail workers in New South Wales.
Videos of retail workers being assaulted have been widely shared on social media with many shocking and violent abuses caught on camera.
Minister for Industrial Relations and Work Health and Safety Sophie Cotsis said:
“I am pleased to see this now become law and have been overwhelmed with support from both employer and employee groups. It is clear that retail workers need greater protection from these unacceptable behaviours displayed by some members of the public”
“Everyone deserves to be treated with decency at work, and these important laws show our commitment to support workers in NSW and ensure their safety in the workplace.
“We are sending a clear signal, we don’t want to see people have to worry about abuse for simply doing their job and we know this kind of abuse is harmful to workers and employers”.
Attorney General Michael Daley said:
“Every worker is entitled not only to feel safe at work but to be safe.
“We found out during the COVID period just how crucial retail workers are to our society and our economy. They cannot work from home, they’re on the front line, and they should not be subjected to violence, abuse or threats.
“This new law sends a clear message that assaulting a retail worker is unacceptable”.
