Commonwealth Workplace Protection Orders Bill 2024

High-Level Summary

The purpose of the Commonwealth Workplace Protection Orders Bill 2024 (the Bill) is to establish a new principal Act (the Commonwealth Workplace Protection Orders Act 2024). This Bill will provide legal protections for Commonwealth workplaces and workers and deter acts of violence and other harmful behaviours by members of the public. This Bill responds to the significant workplace health and safety risks faced by Commonwealth workers and workplaces, particularly those in frontline service-delivery. Between July 2023 and June 2024, there were 1,692 serious incidents across Services Australia’s face-to-face service channel.

Summary

The bill establishes the Commonwealth Workplace Protection Orders Act 2024, which allows authorized individuals within Commonwealth entities to apply for Workplace Protection Orders (WPOs) through state or territory magistrates or local courts, as well as federal courts. Modeled after the ACT's Personal Violence Act 2016, these orders aim to prevent personal violence directed at Commonwealth workers. A WPO can include conditions to restrict a respondent's access to a workplace or contact with workers, ensuring the safety of Commonwealth workers and public service environments. The bill also stipulates that WPOs must not prevent individuals from accessing government services or engaging in political communication. Violating a WPO would be a criminal offense, punishable by fines and/or imprisonment. Additionally, a review of the Act's operation and effectiveness is mandated three years post-implementation. From the explanatory memo:

The Bill enables an authorized person of a Commonwealth entity or the High Court to apply... for a workplace protection order (WPO) on behalf of a Commonwealth worker or workplace... The conduct must directly or indirectly interfere with the functioning of the Executive Government of the Commonwealth.

Argument For

Normative Bases

The bill supports the right to a safe and secure workplace for Commonwealth workers, aligning with the principle of non-discrimination by protecting all employees from violence irrespective of their role. It ensures that public servants working in frontline services can perform their duties without fear of harm, which is essential for maintaining societal stability and the effective functioning of government services [Judgment]. By establishing a legal mechanism for protection, the bill also upholds human rights standards, promoting a safe working environment as a fundamental right.

Argument Against

Normative Bases

While the bill aims to protect Commonwealth workers, it might inadvertently restrict the freedom of movement and expression of individuals, which are core democratic rights [Judgment]. The potential for misuse or overreach in the application of WPOs could lead to unjust restrictions on individuals without adequate recourse or oversight. Additionally, the bill's provisions might be redundant due to existing state and territory laws that already cover protection orders, raising questions about the necessity and efficiency of introducing a separate federal framework.

Key Links:

Date:

2024-11-27

Status:

Before Senate

Sponsor:

Unspecified

Portfolio:

Attorney-General

Categories:

Labour, Criminal Law Reform, Discrimination / Human Rights, National Security

Timeline:

27/11/2024

10/02/2025

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