NSW toughens penalties for those who abuse retail staff

People who mistreat or assault retail workers will now face stricter penalties under a bill introduced to Parliament by the NSW Government. 

The landmark reforms will see NSW and SA take legislative action in response to the increased occurrence of customer aggression against the staff of supermarkets and other retailers.  

Research from the McKell Institute, commissioned by the Shop, Distributive and Allied Employees Association, found that 85 per cent of retail workers have been abused or assaulted at work.

Videos of retail workers being assaulted have been widely shared on social media with violent abuses caught on camera.

The Crimes Legislation Amendment Bill 2023 will introduce three new offences into the Crimes Act 1900:

  1. Assault, throw a missile at, stalk, harass or intimidate a retail worker in the course of the worker’s duty, even if no actual bodily harm is caused to the worker, with a maximum penalty of four years imprisonment.
  2. Assault a retail worker during the worker’s duty and cause actual bodily harm to the worker, with a maximum penalty of six years imprisonment.
  3. Wound or cause grievous bodily harm to a retail worker during the worker’s duty, being reckless as to causing actual physical harm to the worker or another person, with a maximum penalty of 11 years imprisonment.

NSW Premier Chris Minns said the bill reflects the government’s commitment to supporting workers and ensuring their safety in the workplace.

“Everyone should be treated with decency and respect while at work. There is no excuse for assaulting anyone, particularly not someone doing their job,” remarked Minns.

The Australian Retailers Association (ARA) and Woolworths Group, welcomed the new laws and praised the NSW Government’s prompt action to protect retail workers.

In March, the ARA joined forces with the Shop, Distributive and Allied Employees Association (SDA), calling on state and federal jurisdictions across the country to implement similar reforms to SA. 

“We’ve seen a frightening escalation in retail crime, where it is now becoming a matter of life-or-death for workers simply trying to do their job,” said Paul Zahra, CEO at the ARA.  

“Actions speak louder than words, and we’re extremely pleased that the New South Wales Government has listened to our views and the needs of retail workers and is taking strong action to deter these violent incidents and keep retail staff safe.  

Zahra added he hopes the NSW Government’s new legislation will serve as a precedent for other jurisdictions to follow.  

Over the past year, there have been more than 540 serious incidents across Woolworths Group’s NSW stores and more than 1700 serious incidents reported over the past 12 months Australia-wide.

“While, by far, the vast majority of our customers are respectful, there is no avoiding the fact that retail worker abuse is on the rise,” said Brad Banducci, CEO at Woolworths Group.

He said the company had implemented a range of new measures to protect its workers against violence, threats, and abuse.

“We commend the Minns Government for acting quickly and decisively to protect retail workers better,” he concluded.

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