Workers will be better protected under new laws that will allow for applications to be made to the courts to bar violent or intimidating patrons under reforms to be introduced to State Parliament.
The laws would establish a Workplace Protection Order scheme in South Australia, aimed at better protecting workers in a range of at-risk professions.
Under the scheme, employers, unions, business owners and industry groups would be able to apply to the Magistrates Court or Youth Court to impose an Order against individuals who have engaged in personal violence in relation to a workplace and may engage in future violent behaviour in relation to that business premises.
Under the Bill, personal violence includes physical violence or abuse; sexual violence or abuse; threatening behaviour; stalking; harassing, intimidating or offensive behaviour; and damage of property that causes reasonable fear to a person at the workplace.
Such an Order could bar the person from the premises or impose strict conditions on their presence in the workplace for up to 12 months, including preventing them from having contact with certain employees.
Any individual subject to an order would also need to surrender any firearms, unless the Court is satisfied that the individual’s possession of firearms does not present a risk to the safety and protection of the worker.
People who breach the terms of a Workplace Protection Order could face penalties of up to two years imprisonment for a non-aggravated breach and five years for an aggravated breach.
The Bill is modelled on legislation successfully operating in the ACT, and has been refined through consultation with unions and business groups.