NSW Up to 11 Years Jail for Attacking or Harassing Retail Workers

Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023

Legislative Assembly

Legislative Council

Assent

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Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Effects of this bill

If this bill passes, it means that:

A person commits an offence if they assault, stalk, harass or throw a missile at a retail worker; the maximum penalty is 4 years in prison.
The penalty rises to 6 years in prison if the assault causes actual bodily harm.
The penalty rises to 11 years in prison if the person recklessly causes grievous bodily harm or wounds a retail worker.
These offences apply even if the worker is not on duty; the act must be a result of or retaliation for their work.
Most of these charges must be heard in a summary court; the prosecutor or defendant can choose a trial by indictment for assaults causing actual bodily harm.

The Debate

What different members said when this bill was debated:

Tania Mihailuk IND

“I support the Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023 and make it clear that One Nation is very supportive of this legislation. One Nation has always stood to protect the vulnerable from crime. We always side with the victim and not the offender.”

Official source →

Robert Borsak SFFP

“On behalf of the Shooters, Fishers and Farmers Party, I express support for the Crimes Legislation Amendment (Assaults on Retail Workers) Bill, which will provide greater protection for retail workers against assaults, threats and abuse. I commend the efforts of the Shop, Distributive and Allied Employees Association [SDA] for its tireless advocacy on behalf of retail workers in our State.”

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Jeremy Buckingham LCP

“On behalf of the Legalise Cannabis Party, I make a brief contribution to speak in support of the Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023. I thank the Attorney General and his staff for the briefings that they have provided us. I also thank members of the Government who have allayed some of our initial concerns regarding the definitions of "shop" and so on.”

Official source →

Sue Higginson GRN

“The Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023 seeks to provide greater protection for retail workers against threats, assaults and abuse. It creates three new offences specific to retail workers that are modelled on existing offences for assaults against frontline emergency workers and frontline health workers that were brought in at the end of last year.”

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Stephen Lawrence ALP

“I add my support to the Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023. I make a few general comments about what the bill does, and respond to contributions made by Ms Sue Higginson and another Greens MP in the other place.”

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Abigail Boyd GRN

“As my colleague Ms Sue Higginson said, The Greens stand in firm opposition to the Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023. Let us not pretend that the bill is anything but populist nonsense. It is not based on evidence, and it is not designed to protect retail workers.”

Official source →

Damien Tudehope LIB

“The Opposition will not oppose the Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023. Two years ago, while in government, I was involved in significant discussions when the legislation for the protection of frontline workers was introduced into Parliament.”

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Greg Donnelly ALP

“I emphatically support the Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023 in its totality. I acknowledge and thank representatives from the Shop, Distributive and Allied Employees’ Association [SDA], who are in the public gallery this afternoon, including Felicity Smithson, Phillipe LeCompte—who I have known well over many years—and a number of delegates.”

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Mark Buttigieg ALP

“I also thank members for their general support of the bill. Briefly, I address some of the issues raised, which I think were helpful to the overall debate. In his contribution the Hon. Damien Tudehope raised a misconception that workers on their way home would not be protected by the bill. The bill specifically calls this out in new section 60G (4), which states:”

Official source →

News articles and press releases

Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023

Mr MICHAEL DALEY, Attorney General — 2023-06-21

The new offences contained in the bill recognise that acts of violence against retail workers warrant higher penalties than the general assault provisions in the Crimes Act. The Government will protect our retail workers from acts of violence. The bill is intended to send a strong message of support to retail workers. It sends a strong message of warning to those who commit assaults or other acts of violence against retail workers that such behaviour will not be tolerated. I turn to the substance of the bill. Schedule 1 to the bill will insert new division 8C into part 3 of the Crimes Act. This division introduces specific offences for assaults and other actions against retail workers into the Crimes Act. New section 60F in schedule 1 to the bill defines a retail worker as "a person whose duties primarily involve working in an area of a shop open to the public".