Commonwealth Workplace Protection Orders

The Act creates a Commonwealth workplace protection orderA court order made under the Act to prevent further personal violence and protect a Commonwealth worker or Commonwealth workplace. It can be an interim, urgent interim, final or consent order. scheme for courts to prevent personal violenceConduct or threats that cause harm or reasonable fear of harm to a Commonwealth worker or a person at a Commonwealth workplace, linked to Commonwealth work and interfering with Commonwealth executive government functions. against Commonwealth workers or in Commonwealth workplaces.

The scheme was introduced as the government response to recommendation 17 of the Services Australia Security Risk Management Review, after an assault on Services Australia worker Joeanne Cassar and reports of almost 1,700 serious Services Australia incidents in a year.

A court can make an interim, urgent interim or final order only if it is satisfied the respondent engaged in personal violenceConduct or threats that cause harm or reasonable fear of harm to a Commonwealth worker or a person at a Commonwealth workplace, linked to Commonwealth work and interfering with Commonwealth executive government functions., there is a real risk of further personal violenceConduct or threats that cause harm or reasonable fear of harm to a Commonwealth worker or a person at a Commonwealth workplace, linked to Commonwealth work and interfering with Commonwealth executive government functions., and the order is necessary or desirable to prevent it.

Authorised Commonwealth officials, including the High Court Chief Executive and Principal Registrar and accountable authorities or chief executives of Commonwealth entities, can apply for orders, so affected workers do not have to bring applications in their own names.

Orders can restrict attendance at Commonwealth workplaces, communication with specified workers or classes of workers, further personal violenceConduct or threats that cause harm or reasonable fear of harm to a Commonwealth worker or a person at a Commonwealth workplace, linked to Commonwealth work and interfering with Commonwealth executive government functions., and damage to property in a Commonwealth workplace.

If an order would limit access to Commonwealth benefits or services, or contact with an electoral representative or other political communication, the application and order must address alternative arrangements.

Final and consent orders can last up to two years, interim and urgent interim orders up to 12 months, and an urgent interim orderA short-notice order that can be sought by telephone, fax, email or other electronic means in urgent circumstances before a final-order application can be made and determined. falls away after seven days unless a final-order application is made.

Contravening a condition of a Commonwealth workplace protection orderA court order made under the Act to prevent further personal violence and protect a Commonwealth worker or Commonwealth workplace. It can be an interim, urgent interim, final or consent order. is a criminal offence punishable by up to two years imprisonment, 120 penalty units, or both.