Victoria to bring in tougher laws to stop abuse of retail staff
Victoria has become the latest state to commit to tougher penalties for customers who assault or abuse retail staff.
Victoria has become the latest state to commit to tougher penalties for customers who assault or abuse retail staff, with the state government on Saturday revealing it will introduce legislation in an attempt to curb aggressive behaviour in retail, hospitality and public transport settings.
The move was welcomed on Saturday by the Australian Retailers Association (ARA), which has recently agreed to merge with the National Retailers Association (NRA).
The ARA and the NRA, along with retail union, the Shop, Distributive and Allied Employees’ Association (SDA), will be part of a consultation for the legislation, which is expected to be brought before the Victorian Parliament in 2025.
This Worker Protection Consultation Group will consider both new penalties and offences, as well as expanding or strengthening existing offences to protect workers, said Victorian Premier Jacinta Allan at the state Labor conference in Melbourne on Saturday.
The Group will also consider if protections are needed to guard against stalking, harassment, or intimidation towards workers.
At the same time, the Victorian government said it is also working to strengthen the state’s anti-vilification laws, as many reports of abuse against workers relate to the worker’s ethnicity, race or cultural background.
All retail workers have “a right to feel safe”
Victoria joins a growing number of states and territories to address abuse of customer-facing staff, which according to a national survey of 4,600 SDA members affected 87% of workers in 2023.
Compared to a similar survey in 2021, reports of physical violence against workers had increased by 56%.
“These new laws will send a powerful message: if you think you can get away with assaulting or abusing these workers – you’re wrong and you will face the consequences,” said Victorian Premier Allan on Saturday.
“These workers deserve nothing but our respect. And we’re going to help make sure they get it.”
Governments in New South Wales, South Australia, Western Australia and the Northern Territory have also legislated to better protect frontline retail workers.
New South Wales passed new laws in mid-2023 that introduced three new offences for abuse and assault of retail workers, with the most serious assaults subject to a maximum prison sentence of 11 years.
Similarly, South Australia increased its maximum penalties in 2022. Individuals convicted of basic assault against a retail worker on the job face a maximum prison sentence of five years, and those convicted of assault that causes harm could be sentenced to seven years in prison.
In Western Australia, the maximum penalty for assaulting retail workers has increased to seven years in jail, or three years in jail and a fine of $36,000. This compares to the previous maximum of 18 months in jail and a fine of $18,000, which is the current setting for general assault charges in the state.
The ARA is urging Queensland, Tasmania and the Australian Capital Territory to come to follow suit, said CEO Paul Zahra.
“All retail workers, whether they’re a casual in their first job in a department store or doing the night shift at the local convenience store, have a right to feel safe at work,” Zahra said in a statement provided to SmartCompany.
“No one deserves to be intimidated or harassed or threatened with weapons, for simply doing their job. People who engage in these types of behaviours are committing a crime – it’s as simple as that.”
While Zahra said most shoppers are respectful of retail staff, “the small minority are making retail a dangerous environment to work in”.
The ARA and the SDA have worked together to call on all Australian state and federal governments to address what it says is a growing issue in the sector.
The announcement from the Victorian government is “a powerful example of the progress that can be made when all stakeholders work together with government for positive change”, Zahra added.
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