The timely reminder to all customers that ‘violence and aggression against the retail workforce is never okay’ follows the Minns Labor government implementing the Crimes Legislation Ammendment in June last year.
Since its implementation, nearly 100 individuals have been charged with offences under the act with 44 individuals convicted of an offence and 13 individuals receiving a custodial imprisonment sentence.
The new laws 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 four 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 six 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.
Workplace violence has significant impacts on a person’s physical and psychological health, and includes any incident where a person is abused, threatened or assaulted at work, including physical assault, sexual assault, harassment or aggressive behaviour.
The Retail trade sector is the second largest employment industry in NSW, representing 9% of the total workforce or almost 1 in 10 workers.
A recent survey by the Shop, Distributive and Allied Employees Association (SDA) of 4,600 retail and fast-food workers found 76 per cent had experienced regular verbal abuse over the past 12 months while 12.5 per cent had suffered physical violence – a 50 per cent jump from a similar survey two years ago.
SafeWork NSW messaging developed in conjunction with the Shop, Distributive and Allied Employees Association (SDA) and the Australian Retailers Association (ARA), is being rolled out in workplaces across the state this festive season. Employers and workers are also able to anonymously report an incident.
Anyone can anonmously report an incident of violence in the workplace by calling 13 10 50 or by visiting the Speak Up Save Lives website and app.
https://www.safework.nsw.gov.au/advice-and-resources/speak-up-app
For more information on safety in the retail sector, visit the SafeWork website at https://www.safework.nsw.gov.au/your-industry/retail-trade
Minister for Work Health and Safety, Sophie Cotsis said:
“As a former retail worker myself, I know how busy the Christmas period is. I want people to take a moment to remember that the people who serve you deserve respect.
“For people thinking about doing the wrong thing, think twice, you can and will be charged for assaulting a retail worker in NSW.
“The NSW Government is talking a zero-tolerance approach. Retail workers have the right to feel safe when they go to work and these strong laws will continue to protect them.”
Secretary of SDA NSW, Bernie Smith says:
“Everybody deserves to feel safe in Australian shopping centres. Sadly, retail workers do not with 88 percent of workers being subjected to abuse including physical violence, with 1 in 10 reporting being spat on. Enough is enough, this must change. Everyone has a right to feel safe at work.
“There are now serious consequences for offenders who abuse retail workers including increased jail time. Don’t ruin our members Christmas with bad behaviour in shops – don’t ruin your life with a bad decision.
“Christmas is meant to be a time of peace and goodwill to all. We ask customers to stop, reflect and do the right thing in shops this Christmas. Be kind to retail workers this Christmas, it’s the best Christmas present you can give them.”
Chief Industry Affairs Officer Australian Retailers Association Fleur Brown says:
“Peak season trading and Christmas are one of the most important times of year for retailers. It’s also an exciting opportunity for Australians including younger workers to pick up casual employment.
“No one deserves to be spat on, threatened with weapons, intimidated or harassed for simply doing their job. Let’s work together to keep our retail staff safe this Christmas.”
State Member for Parramatta Donna Davis says:
“Let’s all remember – the people who are serving you this Christmas are from our local community, and they are the relatives of the people who live and work around you.
“Whatever pressure you may feel when going shopping, please respect every retail worker who serves you.”
Head of SafeWork NSW, Trent Curtin says:
“Workers’ compensation data over the last three years shows us most claims in the retail sector are made by sales assistants at fuel retailers, supermarkets and retail department stores – and around 60 percent are made by female workers.
“We are asking customers to maintain appropriate behaviour when interacting with retail workers, and to have a little patience and understanding this Christmas. We are asking employers and managers to notify SafeWork NSW of any incidence of violence in the workplace.”
Angus Nardi, Chief Executive of the SCCA says:
"It’s really pleasing to support the Be Kind in Retail campaignwith our partners, across more than 300 shopping centres, and 3,500 digital screens nationally with an estimated commercial advertising value of $7 million.
“Our campaign has a simple message for the community: Be kind and show respect in our retail environments this Christmas.”
