House debates

Wednesday, 27 August 2025

Bills

Commonwealth Workplace Protection Orders Bill 2025; Second Reading

6:53 pm

Photo of Mary DoyleMary Doyle (Aston, Australian Labor Party) Share this | Hansard source

Between July 2023 and June 2024 alone, there were 1,694 serious incidents across Services Australia's face-to-face service channel. These were not minor complaints. These were serious incidents: threats, assaults, intimidation, harassment and acts of violence. As recently as May this year, two Australian Border Force contractors were assaulted with a bladed weapon while simply doing their job. These are not isolated events. They are part of a disturbing trend of aggression towards the people who serve our communities on behalf of the Commonwealth. I say this clearly. Any violence towards a Commonwealth worker is unacceptable. It is unacceptable morally, it is unacceptable legally and it is unacceptable in the kind of nation we aspire to be. This bill aims to deter such abhorrent conduct, to protect Commonwealth workers and to make it crystal clear that violence, intimidation and threats against those who serve the public will not be tolerated.

Why is new Commonwealth legislation necessary? At present, most states and territories do have protection order schemes: family violence orders, personal safety orders and workplace protection orders. But these schemes have a gap. Under those laws, it is usually the affected individual, the victim themselves, who must bring forward an application in their name. That means a Commonwealth worker who is harassed, threatened or assaulted while on duty would have to put their name forward personally in making the application and, in some cases, would have to face their aggressor in court. That is unfair. It places an additional burden on people who are already vulnerable and who have already been subjected to violence or threats. The bill closes that legislative gap. Under the Commonwealth workplace protection order scheme, an authorised person from a Commonwealth entity will be able to apply for a workplace protection order on behalf of the worker or the workplace. This not only enhances privacy for Commonwealth workers but also strengthens their workplace health and safety protections. It allows them to keep serving the public without having to personally bear the legal and emotional weight of confronting their aggressor.

Let me now turn to the key features of this important legislation. This scheme will apply to most Commonwealth workplaces, but it recognises that Commonwealth work is not limited to traditional offices or service centres. It will extend to mobile service pop-up shops in shopping centres. It will cover Commonwealth vehicles. It will even extend to a worker's own residence if they are working from home in the course of their official duties. In short, wherever a Commonwealth worker is carrying out Commonwealth work, this bill provides protection.

The bill empowers an authorised person from a Commonwealth entity to apply to select courts for a workplace protection order on behalf of a worker or workplace. These applications can be made where personal violence has arisen out of, or in direct connection with, official Commonwealth duties and where there is a real risk it will occur again. The definition of 'personal violence' in this bill is intentionally broad and modern. It includes acts of physical violence, harassment and intimidation; threats of harm and harmful non-physical violence, such as verbal abuse over the phone or via email—because violence is not just physical; it can be psychological, verbal or digital, and our laws need to reflect that reality.

On application, a Commonwealth, state or territory court will be able to make an interim consent or final order. In urgent circumstances interim orders can even be sought by phone or electronic means. When making a workplace protection order, the court will be able to impose conditions necessary or desirable to protect the worker or workplace. However—this is crucial—the bill makes it clear that a protection order cannot prevent a person from accessing necessary Commonwealth services or from exercising their democratic right to political communication. If conditions might limit access to services or communication, applicants must provide the court with information about alternative arrangements. This strikes the right balance between protecting workers and safeguarding the rights of the public. Either party, the Commonwealth or the respondent, can apply to vary or revoke an order. Appeals can also be made to the court, ensuring procedural fairness.

Breaching a workplace protection order will carry serious consequences—up to 120 penalty units or two years imprisonment, or both. That sends a clear and strong message: protection orders are not optional; they are orders of the court and they will be enforced.

Finally, the bill provides for a statutory review of the scheme three years after commencement. That will ensure the scheme is operating as intended and allow improvements where necessary.

Behind all the details there are three principles at the heart of this bill. First is safety. Every worker has a right to be safe at work. That includes the teachers in our schools, the nurses in our hospitals and, yes, the Commonwealth workers in our service centres, airports and offices. Second is dignity. No one should be demeaned, intimidated or abused simply for doing their job. This bill recognises the humanity of our workers and gives them the legal backing they need to stand tall. Third is respect—respect for those who serve. Whether they are frontline service officers, Border Force contractors or policy staff working from home, they deserve respect, not aggression.

This bill is also an important statement. It sends a strong message that the Albanese government values the workers who provide critical government services. It sends a strong message that violence and aggression towards those workers is unacceptable. It sends a strong message that the Commonwealth will stand by its people, not leave them to fend for themselves. When we talk about these protections, we are not talking about abstract legal concepts; we are talking about real people—the Services Australia officer who faces daily verbal abuse at the counter, the Border Force contractor assaulted with a knife while trying to keep our community safe and the Centrelink worker who receives threats over the phone simply for enforcing the law. These are people with families, with children, with loved ones waiting for them at home, and the least we can do as a parliament is make sure they get home safe.

The Commonwealth Workplace Protection Orders Bill 2025 is not just another piece of legislation. It is a concrete step towards safer Commonwealth workplaces. It is a practical response to the recommendations of the Ashton review. It is a demonstration that this government will not tolerate violence against its workers. I commend this bill to the House and I urge all members to support it not just for the sake of the law but for the sake of the people who serve our nation every single day.

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