Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

DREYFUS (—) (): I move:

That this bill be now read a second time.

Every Australian deserves to be safe at work.

In recent years, Commonwealth workers have been increasingly subjected to acts of violence and aggression from members of the public.

It is unacceptable—and it is why the Albanese government is introducing the Commonwealth Workplace Protection Orders Bill 2024.

This bill will strengthen the Commonwealth's ability to protect Commonwealth employees—particularly those on the front line—through the creation of enforceable workplace protection orders.

Violence and aggression have devastating impacts on workers and their families—as well as on the experience of Australians trying to access government services.

Services Australia Security Risk Management Review

The horrific stabbing attack on a staff member at a Services Australia service centre in May 2023 was a devastating reminder that we need to do more to protect workers.

The government commissioned a Services Australia security risk management review. The comprehensive review by Mr Graham Ashton made 44 recommendations to deter acts of aggression against Commonwealth workers and to increase safety. The Albanese government committed to implementing every recommendation.

Unfortunately, Commonwealth workers and workplaces continue to face an increasing risk of violence from members of the public. Between July 2023 and July 2024, Services Australia staff faced 1,692 serious incidents.

The bill responds to this unacceptable situation and implements recommendation 17 of the Ashton review by creating a Commonwealth Workplace Protection Order scheme.

Commonwealth Workplace Protection Order Scheme

The bill establishes a framework to enable an authorised person within a Commonwealth entity to apply to a state or territory Magistrates or Local Court, Federal Court or the Federal Circuit and Family Court of Australia (FCFCOA) to issue a Commonwealth workplace protection order (WPO) in order to protect a Commonwealth worker or workplace from threats of harm and actual harm.

Before issuing a WPO, 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.

The definition of 'personal violence' includes acts of violence, harassment, intimidation, threats of harm and other harmful non-physical acts, such as verbal abuse and conduct engaged in over the phone.

The court may apply any conditions or restrictions it determines necessary to prevent any future risk of personal violence to a Commonwealth worker or workplace.

Conditions may include no contact with a Commonwealth worker or no attendance at a Commonwealth workplace.

In circumstances where urgent protection is required, a Commonwealth entity may write to the court to issue an urgent interim WPO to ensure protections are in place as quickly as possible—before a future court date to consider a final order.

The definition of Commonwealth worker covers employees of Commonwealth entities as defined by the Public Governance, Performance and Accountability Act, including Services Australia, the Australian Taxation Office, Veterans' Affairs, Australia Post and ministerial and electorate offices. It also includes contractors. This means hardworking security guards, cleaners, and other external staff are also covered.

Commonwealth workplaces include Commonwealth offices, 'pop-up' service centres in shopping centres, Commonwealth service-delivery vehicles and a Commonwealth worker's residence when working from home.

This protects workers who are working on behalf of the Commonwealth, regardless of where they are.

The bill allows either party to a WPO to apply to the court to vary or revoke a WPO. The court may vary the conditions in the order as well as the length of time the order is in force. This allows flexibility for changing circumstances of either the Commonwealth entity or the respondent. A respondent may also appeal the decision of the court to issue a WPO through standard appeal processes.

The safety of Commonwealth workers comes first, but we also want to ensure individuals can continue to access necessary government services.

If an applicant proposes conditions that would prevent the respondent from accessing Commonwealth benefits or services, the applicant is required to provide the court with information about alternative arrangements for how the respondent may access those benefits or services while they are subject to the WPO.

The court is required to consider the personal circumstances of the respondent when determining the conditions attached to a WPO and ensure that the person still has the ability to access essential public services. In some circumstances, a condition may limit interactions to appointments over the phone. This would allow for ongoing service delivery whilst protecting the physical safety of workers.

The bill will allow information sharing between Commonwealth and law enforcement agencies to proactively manage risks to other Commonwealth workers or workplaces.

Breaching a condition of a WPO will be a criminal offence punishable by two years imprisonment or 120 penalty units or both.

This penalty will act as a deterrent for non-compliance with conditions, while protecting workers from threatening behaviour for an extended period of time.

The bill will commence six months from royal assent to allow time to work with Commonwealth agencies and state and territory jurisdictions on implementation—and to provide clear guidance.

The bill also requires a review three years after commencement.

This bill builds on the layers of protection the Government has created for Commonwealth workers, including the Criminal Code Amendments (Protecting Commonwealth Frontline Workers) Act2024. The act increased penalties for assaults against Commonwealth frontline workers, and implemented recommendation 18 of the Ashton review.

Violence and aggression towards Commonwealth workers and workplaces is unacceptable.

The Albanese government values the contributions made by Commonwealth workers, and this bill is an important development in protecting Commonwealth workers and workplaces across the country.

No-one should be afraid to go to work, and every worker deserves to come home safe.

This bill will protect Commonwealth workers and ensure members of the community are able to have safe access to Commonwealth government services.

I thank the Minister for Government Services for his strong support in the development of this bill.

I commend the bill to the House.

Debate adjourned.