The Commonwealth Workplace Protection Orders Bill 2025 establishes a new scheme allowing authorised Commonwealth entities and the High Court to seek civil workplace protection orders (WPOs) to safeguard public servants and Commonwealth workplaces from violence, harassment and threats by members of the public.
Modelled on the ACT’s Personal Violence Act 2016 and implementing recommendation 17 of the 2023 Ashton Review, the Bill creates interim (up to 12 months), urgent interim and final (up to two years) orders, sets conditions, provides variation and revocation processes, and makes contravention a criminal offence.
The Bill creates the Commonwealth Workplace Protection Orders Act 2025. It empowers an authorised person—either the accountable authority of a Commonwealth entity (e.g. Services Australia, ATO) or the Chief Executive and Principal Registrar of the High Court—to apply to a state/territory court, the Federal Court or the Federal Circuit and Family Court for a workplace protection order (WPO) on behalf of a Commonwealth worker or workplace where personal violence has occurred or is likely to recur. "Personal violence" covers physical or non-physical harm or threats of harm that impair a worker’s duty performance or safe access to services.
Applicants must satisfy the court that the respondent has engaged in personal violence, poses a real risk of further violence, and that a WPO is necessary or desirable to prevent future harm. Interim orders may last up to 12 months; final orders up to two years. Conditions can restrict proximity to specific workplaces or workers, prohibit communications, and require alternative arrangements to preserve access to government services and electoral representation. Parties may seek variations or revocations at any time; courts must consider hardship, risk, prior orders and rights restrictions. Contravention carries up to 120 penalty units and/or two years imprisonment. The Act binds the Crown, operates concurrently with existing state/territory protective orders, applies extraterritorially, provides appeal pathways, mandates judicial reasons and requires a statutory review after three years.
Commonwealth workers, especially frontline service staff, face significant health and safety risks: between July 2023 and June 2024 Services Australia recorded 1,694 serious incidents in face-to-face channels [1]. By authorising WPOs, the Bill deters violence, reduces harm and ensures uninterrupted delivery of critical government services. The threat of tailored orders reinforces public order and encourages respectful engagement [Judgment].
Built on the ACT’s established framework, the scheme balances protection with minimal necessary intrusion—courts must weigh hardship, prior behaviour and rights restrictions before imposing conditions. The availability of interim, urgent and final orders, plus variation, revocation and appeal pathways, embeds procedural fairness and adaptability to evolving risks.
Overall, the Bill maximises collective well-being by preventing violent incidents, upholds the authority of the state to protect its workforce, and secures citizens’ right to safe access to government services, strengthening democratic institutions and public trust.
Services Australia Security Risk Management Review (Ashton Review) 2023: 1,694 serious incidents across face-to-face service channels (July 2023–June 2024).
State and Territory protective-order frameworks already allow courts to address violence and harassment. This federal scheme duplicates existing mechanisms, creating administrative complexity without clear evidence that current protections fail Commonwealth workers [Judgment].
Key definitions—“personal violence” and “interference with the Executive Government”—are broad and subjective, inviting inconsistent application and risking interference with lawful protest or political communication. Ex parte urgent interim orders allow significant restrictions on movement and speech without respondent participation, raising due-process and civil-liberties concerns.
The Bill imposes novel criminal penalties and extends federal reach into areas traditionally handled by States. A more targeted approach—strengthening agency risk management and co-ordinating with State protective orders—would address safety gaps without overlapping regulatory regimes or potential overreach [Judgment].
2025-07-31
House of Representatives
Before House of Representatives
Unspecified
Home Affairs
Criminal Law Reform, Labour, Democratic Institutions