Senate debates

Wednesday, 29 October 2025

Bills

Commonwealth Workplace Protection Orders Bill 2025; Second Reading

10:22 am

Photo of Andrew BraggAndrew Bragg (NSW, Liberal Party, Shadow Minister for Housing and Homelessness) Share this | | Hansard source

I rise to speak on the Commonwealth Workplace Protection Orders Bill 2025. This is the second piece of legislation to come before this parliament in the wake of the horrific attack on a Services Australia employee who was just doing her job. A public servant going about her day, doing a job, like public servants in every part of our country do, was punched in the face and stabbed in the back, leaving her with life-changing injuries. This is appalling. No Australian should be attacked at work. So, when former Victoria Police chief commissioner Graham Ashton made recommendations, following a review of security arrangements at Services Australia and in all Commonwealth workplaces, we took them very seriously. One of those recommendations led to the Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Bill 2024. This was a bill to expand the criminal offences for assaulting a frontline worker employed by the Commonwealth. The coalition supported the bill and passed it through the parliament on a bipartisan basis.

Another one of those recommendations in the Ashton review led to this bill that we're considering today. As the Minister for Home Affairs said when reintroducing this bill—and we acknowledge his comments on the need for this and the constructive approach that all sides of politics have taken to this legislation—there were more than 1,700 serious incidents at Services Australia between July 2023 and July last year. All of us in this place know that Services Australia employees are not the only ones to face these threats. It is also the employees in the embassies, the contractors and subcontractors on our defence bases, private security guards routinely found on Commonwealth premises, officers of the Australian Federal Police and, indeed, the staff in our own electorate offices. As recently as May 2025, two Australian Border Force contractors were assaulted and stabbed while at work.

The potential risks faced by Commonwealth workers are not just limited to Services Australia; they are also linked to the broad definition of the term 'Commonwealth worker'. We believe that is appropriate. This broad definition means that the orders will be able to protect Services Australia employees, Australian Federal Police, contractors, security guards, volunteers and electorate office staff. This approach is sensible, and it warrants the support of this chamber. In terms of the substance of the protection orders, the bill will also allow a court to direct a person not to attend a particular Commonwealth workplace, not to go near an affected worker and to comply with other appropriate conditions. Only a court can make such an order, and it must be cancelled if the grounds for the order cease to exist. To make this type of order, a court must be satisfied that a person has engaged in personal violence or made threats of personal violence and that there is a real risk that the person will engage in further violence if the order is not made.

This legislation came before parliament last term, and we indicated at the time that we would support the bill after a quick committee inquiry. That committee inquiry was handed down on a bipartisan basis with a recommendation for minor changes. It otherwise supported the legislation. The legislation passed the House on 28 August this year with bipartisan support, and the coalition is pleased to facilitate the swift passage of this bill through the Senate today.

10:27 am

Photo of Ellie WhiteakerEllie Whiteaker (WA, Australian Labor Party) Share this | | Hansard source

I rise today to speak in strong support of the Commonwealth Workplace Protection Orders Bill 2025. We often talk about workplace safety in the context of mining sites, construction sites or heavy industry, but we're here today because, even in Commonwealth offices, the risk of violence is very real.

As Joeanne Cassar set out for work on 23 May 2023, she thought it would be like any other day. As a team leader at Services Australia's Airport West Service Centre in Melbourne, she was preparing for the Biggest Morning Tea, with biscuits she had baked and decorated herself. But, that morning, a man previously identified as a risk, but with no legal means to be barred, entered the office. When Joeanne asked him to leave, he did, only to return later with a knife. Covering for a security guard on his lunch break, Joeanne was attacked. She was punched, chased and stabbed in the back—the blade missing her spine and kidneys by only centimetres. Joanne has suffered lifelong injuries from the stabbing. She said that she had known of a lack of safety measures and that they were a major concern for her before her life-threatening attack at work. She has said: 'We should all be safe at work. We all have family we want to get back to. It took me seven days to get home, and I am one of the lucky ones.'

That truth is at the heart of this bill. All Australians deserve to feel safe at work, to be safe at work and to return home from work, and no public servant should face violence or aggression for doing the really important work of protecting, helping and supporting our community.Sadly, Joeanne's story is not an isolated one. In the period between July 2023 and June 2024, Services Australia recorded almost 1,700 serious incidents across its face-to-face services. This is an unacceptable number. The staff who greet people at these offices are not faceless bureaucrats; they're mums, dads, neighbours, friends and community members. They are workers who are dedicated to public services, and there is never an excuse for aggressive behaviour. There is no excuse for violence or abuse.

This bill delivers on recommendation 17 of the Ashton review, which made 44 recommendations to improve safety for Commonwealth workers. It establishes a framework that allows Commonwealth entities to apply to courts for workplace protection orders. These orders can prohibit or restrict contact with a worker, prohibit or restrict access to a particular workplace or establish alternative service arrangements, such as phone-only appointments. This bill empowers the courts to issue a range of orders. Workplace protection orders apply to all Commonwealth workplaces from service centres to mobile pop-ups and from Commonwealth vehicles to a worker's home when they are working remotely. This applies to our own electorate staff in our offices right across the country. They are also included in the protections. This bill also provides that offences apply regardless of whether conduct occurs here in Australia or overseas and whether threats are made face to face, over the phone or online. That reflects the reality of modern work. Abuse and violence can come from anywhere and in many forms, and our laws must keep pace.

While worker safety is, of course, paramount, this bill also ensures fairness and balance. Where an order might limit access to services, agencies are required to propose alternative arrangements so that no-one is cut off from support they need or are entitled to. The breach of a WPO will be a criminal offence with penalties carrying up to two years of imprisonment. That is an important deterrent needed to stop repeat violence. We are really clear on our message. Assault a worker and you will be punished. Importantly, this new law will not just be set and forgotten. The legislation requires a full review after three years, ensuring we assess its effectiveness, learn from experience and keep the protections up to date.

When violence closes an office, when staff are traumatised, when services are disrupted, it is vulnerable Australians who lose out. This bill protects the community because safe workplaces mean safe and reliable services. It matters everywhere right across the country and particularly in regional and remote towns where Commonwealth officers are the first door people walk through to access Medicare, aged care or income support. If those offices are unsafe, it puts whole communities at risk.

This bill has been welcomed by my comrades at the Community and Public Sector Union, who do excellent work representing workers in Commonwealth workplaces. The CPSU's national secretary Melissa Donnelly called it 'groundbreaking' because it makes worker safety an integral part of public service delivery. She said, 'It's not just about protecting staff from threats and violence but also about making sure community members can access these services in a safe environment.'

This bill does not just stand on its own. It builds on a wider program of reform by this government. Last year, parliament passed the Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Act 2024, which strengthened penalties for assaults on Commonwealth workers. With that foundation in place, this bill now creates a preventive framework so that we can act before violence occurs. In last year's budget and in the one before it, this government invested over $300 million in safety and security upgrades at service centres across the country. There has been additional funding for 606 new security guards and better designed and enhanced security at high-risk centres. With a centralised security operations centre, live CCTV monitoring and closer ties with local police, this is a real, funded, practical, safety package.

Of course, we haven't just stopped at safety. This is also about rebuilding Services Australia itself, which, in the past, has suffered from government staffing cuts, leaving call waiting times and claims processing to blow out to unacceptable levels. Labor has been committed to fixing that. Last year we recruited 3,000 permanent staff, and in 10 weeks those teams cleared half a million outstanding claims. Medicare online claims dropped by 78 per cent. Low-income card claims dropped by 77 per cent. Seniors card claims dropped by 59 per cent. These workers that dedicate so much of their time to this work should be protected in their workplace.

Our government is investing in its people, investing in its workers and delivering for Australians. Commonwealth workplace staff right across our country, in our cities, regions and towns, do such an important job for our community, and they deserve our support. This bill ultimately, like any other bill about workplace safety, is about respect—respect for workers who dedicate their lives, in this case, to public service and respect for communities, who deserve safe and accessible government services. Minister Burke in the other place said:

A life of service should be honoured … It should never be ridiculed, and it should never be unsafe simply to go to work.

Everyone deserves to go to work safe and everyone deserves to come home safe. This bill draws a clear line that violence and aggression towards Commonwealth workers will not be tolerated by this government. That is the Labor way—safer workplaces, stronger services and a government that has the backs of people who do this work for the public. I commend this bill to the Senate.

10:36 am

Photo of Richard DowlingRichard Dowling (Tasmania, Australian Labor Party) Share this | | Hansard source

I rise today also to support this bill, and I am honoured to present my reflections on the Commonwealth Workplace Protection Orders Bill 2025. This is a bill that speaks directly to the safety of those public servants who serve our communities with professionalism and compassion. Public service is not just a vocation; it's a privilege. That service must ensure dignity and safety. Between July 2023 and June 2024, frontline Public Service staff faced some 1,694 serious incidents across Services Australia's face-to-face service channel alone. These incidents included threats, aggression and violence. They're not mere statistics. They are harm against people who are doing essential work, workers helping Australians to access benefits, assistance and emergency support. When these staff are put at risk, our entire Public Service is weakened and we as a community are weaker.

This workplace protection orders bill builds upon the Ashton review's recommendation 17, which called for the adoption of an ACT-style protection order scheme for Commonwealth workers nationwide. Under the bill, agencies can apply for protection orders when a worker has suffered personal violence in the course of their duties and there remains a real risk of further harm. This measure is both compassionate and sensible. It preserves the dignity of public servants and allows agencies to act quickly and decisively.

If we look at some of the key features within the bill, firstly, it broadens definitions and coverage. The bill uses the term 'Commonwealth worker' in a very broad sense. That means it's inclusive of contractors, volunteers, security staff and all of those who are working under instruments such as the parliamentary staff acts. It also ensures protections extend beyond formal workplaces to other areas, such as adjacent parking lots, homes or even online encounters.

Secondly, the bill reduces the burden on individuals by allowing an authorised agency person to apply on behalf of a worker. That provides speed, efficiency and emotional relief for the affected worker. The difference is measured in hours instead of days. The staff member is protected without having to manage the process themselves—a huge relief.

The third feature is that the courts retain the discretion to issue orders specifying no-contact conditions, location prohibitions and any tailored restrictions that are deemed necessary, provided they ensure due process and rights are balanced.

Fourthly, it's a critical provision that mandates that service access must be preserved—even for those subject to orders, with courts required to ensure alternative, safe means of access for services to remain available at all times.

Finally, the bill includes a provision for review of its operation three years after commencement, which is sensible. It allows for assessment of outcomes and future improvements.

Let's begin by just recalling a simple reality. Frontline Commonwealth workers are the face of government for millions of Australians. They are the people who answer the door when tragedy strikes—when someone's lost their job, lost their home or just lost their way. They are the people who sit behind Centrelink counters, passport desks, call centre phones and mobile service vans across the country. They are not just administrators; they are listeners, fixers and responders, and sometimes, tragically, they become targets. When these workers face intimidation and violence, we're not just witnessing a failure of individual conduct; we're seeing a failure of systems to shield those who shield us.

That is why this bill matters so much. It moves from a reactive posture to a proactive and protective one. It allows agencies to act swiftly and legally to prevent harm. More than that, it embodies a value of our great Australian Labor Party: the dignity of work. Labor has always stood for the dignity of work—not just the right to work but the right to work in safety without fear. This bill is a natural expression of that core value. It affirms that the right to feel safe at work is not limited to police or emergency services; it extends to the often unseen but essential workers within our federal Public Service.

Secondly, it's about a fairer and safer society. Labor believes that government must serve the people, but it must also safeguard its own workers from systemic risk. That is what fairness means in practice—protection for the vulnerable and accountability for the aggressive. This bill does not vilify frustrated clients. It does not punish protest. But what it does is draw a clear legal line between expression and abuse and between discontent and violence. Drawing that line is overdue and necessary. It also recognises that workplace violence is not abstract. It's often gendered. It is sometimes racially motivated. It disproportionately effects women, casuals and younger staff, many of whom are employed in frontline public service roles. In that sense, the bill is also a gender equality measure and a diversity protection measure.

It's also about empowering our public institutions. Labor has always believed in the power of strong public institutions. We see the government not as a burden but as a mechanism for equity and compassion. Our institutions must be strong and responsive. They must be agile enough to address emerging threats like rising aggression in an age of social stretch, digital disconnection and declining trust. The bill gives institutions the legislative tools they need to act without needing to wait for police intervention or personal legal action.

I'll say this: no worker should have to navigate the court system just to feel safe at work. This bill lifts that burden and puts it where it belongs, with the institution itself. It's also about evidence based reform. Labor has governed through listening. This bill was born of that principle. It's a direct response to the Ashton review, which made it clear that Commonwealth workers are facing unacceptable levels of risk and that a legislative solution is needed. We didn't ignore that advice; we acted. We acted not with a blunt instrument but with precise, considered legislation, modelled on the ACT framework, adapted for national needs and balanced against legal rights.

It's also about public sector leadership. The bill reinforces our belief that the public sector should lead by example. We cannot in good conscience call on the private sector to improve their workplace safety if our own agencies are left exposed. We cannot push for domestic violence protections while ignoring workplace harassment of our own. So the Commonwealth must be a model employer. It must set an example, and this bill is a necessary step towards that goal.

The Commonwealth Workplace Protection Orders Bill declares that work should be free from fear and that our public servants deserve both legal protections and political recognition. This bill reflects those values that we hold dear as a labour movement—respect for work, compassion for people, belief in institutions and trust in evidence—so I commend this bill to the Senate.

10:45 am

Photo of Josh DolegaJosh Dolega (Tasmania, Australian Labor Party) Share this | | Hansard source

I thank the other senators and members in the other place for their remarks and their strong support of this bill. Some may know that I am a former public servant. I worked at the Australian Taxation Office for 15 years, and, following that, I was an employee of the Community and Public Sector Union—the union that represents public sector workers.

The tragic incident that occurred at the Airport West service centre on 23 May 2003 was just horrific, and it could have been prevented. The Albanese Labor government does take work health and safety seriously. This bill is going to fill important gaps in the security and safety for Commonwealth public servants who are the heart and the backbone of government delivery and service delivery for the community. This bill, as we've talked about in this place, is the result of a stabbing in a workplace, something that should never have occurred but was, unfortunately, the result of a unilateral decision at the time of agency senior leadership to reduce security guards in service centres without adequate consultation with workers and their union.

I can inform senators and those that are watching and listening at home that CPSU members, delegates and health and safety reps strongly opposed these changes and control measures. The CPSU national secretary, Melissa Donnelly; our deputy national president, Matthew Harrison; and our section secretary Emma White worked tirelessly to fight against cuts to frontline safety and security, to push for better safety outcomes and to make sure that our members' voices were heard. I'm pleased to say that this bill is a result of the work of our union members and union leadership to be able to improve these systems and these controls.

I remember being a union official at the time following the stabbing at Services Australia. My direct responsibility was for members in Services Australia, looking out for their work health and safety interests and organising. There was a terrible amount of fear across the workforce of copycat attacks, and, unfortunately, there was a period of time where people were just numb to the thought of getting attacked, of getting yelled at, of being abused and of being spat on in their workplaces for doing their job of serving the community. I can tell people in this chamber that Centrelink workers genuinely care about their customers. Regardless of the risks and some of the abuse and some of the bile that has been put towards them, they have still performed their work tirelessly and amazingly, and I thank them for their work and their service and their dedication to serving some of most vulnerable people.

Following the stabbing, there's been a lengthy investigation by the work health and safety regulator, Comcare, and, on 23 May 2025, Services Australia was charged by the Commonwealth Director of Public Prosecutions for breaching our federal work health and safety laws. I have to mention that this was at a time when we were recovering from a decade of cuts to and degradation of the Public Service and when there were toxic, antiworker vibes in the senior leadership of some parts of the Public Service. I really commend the work of the government and Minister Gallagher, who have worked tirelessly to improve the culture in the APS and to improve the culture at Services Australia. I thank the new CEO of Services Australia as well for his work in engaging with workers and their representatives to improve the culture for workers at Services Australia.

Consultation about work, health and safety matters shouldn't be seen as a burden; it should be seen as an opportunity to improve the lives of working people. Whether we're talking about public servants or we're talking about workers—this morning I had the opportunity to hear from apprentices from the ETU—everyone should have the right to come to work and go home safely to their family and to their loved ones. This bill goes a long way to improving the lives of Centrelink workers and public servants in order to have that outcome—to be able to go home safely.

Workplace protection orders were one of 44 recommendations made by Graham Ashton to improve the safety and security of Services Australia workers. Many of those recommendations have already been implemented, and they have been very well received by workers in Services Australia. They include things like improved fit-outs of service centres, with safer layouts, safer uniforms and a more worker focused approach for when new people come into the offices. It's really important. The workplace protection orders were recommendation 17 of the Ashton safety and security review—to adopt provisions that are very similar to what have been in place in the ACT. The implementation of this legislation is going to provide Commonwealth public sector workers with safety and with certainty that it's not just them; if they suffer an incident of aggression or violence in the workplace, their employer, the Commonwealth, can take out a protection order on their behalf. Whether it is a worker or a workplace that has been affected, the workplace protection order can be taken out so that the worker doesn't have to look at individual restraining orders or individual orders. It allows the employer, the Commonwealth, to look out for our workers.

I note Senator Dowling's and Senator Whiteaker's comments in support of public sector workers. It's really heartening to hear, from colleagues, the sheer amount of support for the public sector and the Public Service. As I've mentioned, they are the backbone of our government and us being able to deliver for Australians. I'd also like to acknowledge the work of the former Senate committee who made recommendations, after consultation with stakeholders and community groups, to make sure that customers who are affected by workplace protection orders can still access government service delivery. This is not about cutting people out. People can still access, but it gives the workers certainty. We've also got in the bill, as a result of feedback from the unions, that workers who suffer aggression or abuse don't need to have been wearing a uniform and been immediately identifiable as a Commonwealth worker in order to be able to have a workplace protection order taken out on their behalf.

Violence, aggression and unacceptable behaviour have no place in any workplace in our country. It takes nothing to be kind. It takes nothing to say 'thank you' or to say 'hello' to a worker in the office. It takes more energy to be upset. It takes more energy to be angry at somebody or angry at the system. I implore people, when we are dealing with workers, to be kind, to be respectful and to be humble when we're seeking support, whether it's in a Centrelink office, whether it's in a supermarket or whether you're getting a passport. Kindness takes nothing, and everyone has the right to come home safely. I commend the bill to the house.

10:55 am

Photo of Jess WalshJess Walsh (Victoria, Australian Labor Party, Minister for Early Childhood Education) Share this | | Hansard source

I thank my colleagues and senators across the chamber for their contributions to this debate on the Commonwealth Workplace Protection Orders Bill 2025. This bill will strengthen protections for Commonwealth workers and Commonwealth workplaces, where workers and visitors are at an increasing risk of violence and aggression while at work. Too often, violence and aggression have devastating impacts on workers and their families, as well as on the safe operation of Commonwealth workplaces and the delivery of Commonwealth services to the Australian community.

The bill seeks to protect public servants like Joeanne Cassar, who people have spoken about today in the chamber, who at 55 years of age and after decades of service, set out for work at a Services Australia branch, at Airport West, one Tuesday morning in May 2023, not knowing that her life was about to change forever. Later that day she was brutally attacked by a man whom Services Australia had identified as a risk to workers but had no legal authority to ban. He punched her in the face and stabbed her once in the lower back, just missing her spine and kidneys but leaving her with life-changing injuries and enduring pain. Unfortunately, the attack on Joeanne is not isolated.

We know that Commonwealth workers and workplaces continue to face an unacceptable risk of violence from members of the public. Indeed, in just a one-year period, Services Australia staff faced almost 1,700 serious incidents. These attacks should never have happened. All Australians have the right to feel safe and to be safe at work.

The Services Australia Security Risk Management Review was commissioned after Joeanne's assault. It was a comprehensive review led by former Victorian police commissioner Mr Graham Ashton, who made 44 recommendations to increase the safety of Commonwealth workers, and the government has committed to implementing all of those recommendations. This bill implements recommendation 17 of that Ashton review by creating a Commonwealth workplace protection orders scheme, and the bill complements the Criminal Code amendment which the government already passed last year to implement recommendation 18 of the Ashton review. That increased criminal penalties for harming a Commonwealth frontline worker.

This bill will enhance the Australian government's ability to protect its employees, particularly those in frontline service delivery roles. The bill was first introduced in 2024 and passed the House of Representatives in February 2025, before the 2025 election. The bill was then quickly reintroduced in the first sittings of this parliament, to prioritise the establishment of a framework to enable a Commonwealth entity to apply to a court for a Commonwealth workplace protection order, or WPO, to protect a Commonwealth worker or workplace from threats of or actual harm. The bill defines a 'Commonwealth worker' to include Commonwealth employees and contractors, such as security officers.

Before issuing a workplace protection order, the court must be satisfied that the respondent has engaged in personal violence in relation to a Commonwealth worker or the workplace and that there is a real risk that the respondent will engage in further personal violence if the order is not made. 'Personal violence' means conduct that causes or threatens to cause harm or a reasonable fear of harm. A court would be able to apply any conditions or restrictions if determined necessary to prevent any future risk of personal violence to a Commonwealth worker or workplace. Conditions could include prohibiting or restricting contact with a Commonwealth worker; prohibiting or restricting attendance at a particular Commonwealth workplace; or a restricted servicing arrangement, such as phone-only appointments, to allow ongoing service delivery as required.

A WPO is available for all Commonwealth workplaces, extending to anywhere a Commonwealth worker is conducting official Commonwealth work. This includes, for example, an office of a particular Commonwealth entity, mobile servicing such as pop-up shops in shopping centres, Commonwealth vehicles or a Commonwealth worker's residence when they are working from home. The safety of Commonwealth workers comes first, but we also want to ensure individuals can continue to access necessary government services. The bill ensures that imposing conditions that would limit the person's ability to access services or contact electoral representatives. The applicant is required to provide the court with information on alternative procedures or arrangements for how the respondent may access or maintain those benefits or services. The court would also be required to consider the personal circumstances of the respondent when determining the conditions attached to an order and ensure that the person still has the ability to access essential services and retain the ability to engage in political communication.

The bill would allow either party to apply to the court to vary or revoke an order. The court would be able to vary the conditions in the order and/or the period for which it is in force. This would allow flexibility where the circumstances of either the Commonwealth entity or the respondent change. The bill also provides that either party would be able to appeal a decision of the court relating to the making, varying or revoking of a final order. Breaching a condition of an order will be a criminal offence punishable by two years imprisonment or 120 penalty units or both. The penalty will act as a deterrent for non-compliance with conditions while protecting workers from any future threatening behaviour. The bill also requires a review three years after commencement.

In conclusion, this bill sends a strong message that the government values the contributions made by Commonwealth workers and that violence and aggression towards those workers and workplaces is never acceptable. This bill creates a whole new act and is a serious reform of worker safety. The bill is a further step to creating safer workplaces for Commonwealth workers and allowing the community safe access to Commonwealth government benefits and services, and the bill offers new protections to all Commonwealth workers, just like Joeanne, who we've been speaking about today, who had dedicated her life to helping others. Public servants devote their professional lives to serving the public. A life of service should be honoured. It should never be scorned, it should never be ridiculed and it should never be unsafe simply to go to work. Every Australian worker deserves to feel safe, to be safe and to come home to their loved ones each day.

I table a replacement explanatory memorandum relating to the Commonwealth Workplace Protection Orders Bill 2025.

Question agreed to.

Bill read a second time.