Commonwealth Workplace Protection Orders Bill 2024: What Your Organization Needs to Know

The Commonwealth Workplace Protection Orders Bill 2024 represents a significant development in Australian workplace safety legislation, introducing new legal mechanisms to protect government workers from violence and aggression. While currently stalled due to the federal election, this bill warrants close attention from compliance professionals, particularly those working with government entities or in sectors with high public interaction.

When Workplace Protection Meets Digital Rights: Free Speech Concerns in Australia’s New Protection Orders Bill

Australia’s Commonwealth Workplace Protection Orders Bill 2024 presents a compelling case study in the tension between legitimate safety concerns and fundamental digital rights. While ostensibly designed to protect government workers from violence, the bill’s broad scope and application to online communications raise significant questions about the future of free speech

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What Is the Commonwealth Workplace Protection Orders Bill 2024?

The bill establishes a comprehensive scheme enabling courts to issue workplace protection orders (WPOs) to prevent personal violence against Commonwealth workers or in Commonwealth workplaces. Introduced following serious incidents including the stabbing of a Services Australia officer in May 2023, the legislation aims to create safer working environments for government employees who increasingly face violence and aggression in their roles.

Between July 2023 and June 2024 alone, Services Australia recorded 1,692 serious incidents across face-to-face services, highlighting the urgent need for enhanced protections.

Key Definitions and Scope

Who Is Covered?

The bill's definition of "Commonwealth worker" is notably broad, encompassing:

• Employees of Commonwealth entities
• Contractors and subcontractors
• Employees of contractors and labour hire companies
• Volunteers and students on work experience
• Parliamentary staff under the Members of Parliament (Staff) Act 1984

What Constitutes "Personal Violence"?

The legislation defines personal violence as conduct that:

• Directly or indirectly causes harm or reasonable fear of harm to a Commonwealth worker or individual at a Commonwealth workplace
• Is directed at a worker because of their Commonwealth worker status
• Directly or indirectly interferes with the functioning of the Executive Government

This broad definition could capture various forms of threatening behaviour, including online communications that create fear or substantially disrupt government operations.

Workplace Coverage

"Commonwealth workplace" includes any place where Commonwealth workers ordinarily perform duties, encompassing:

• Traditional government offices
• Mobile service centres and shopfronts
• Emergency relief centres
• Work vehicles
• Any location where Commonwealth workers are likely to be while performing duties

How Workplace Protection Orders Work

Application Process

Authorised persons – including the Chief Executive and Principal Registrar of the High Court and accountable authorities of Commonwealth entities – may apply to various courts including:

• State and Territory Magistrates Courts
• Federal Court
• Federal Circuit and Family Court of Australia

Types of Orders

The bill provides for four categories of WPOs:

1. Interim Orders: Applied for before final order determination
2. Urgent Interim Orders: Available in urgent circumstances without written application
3. Final Orders: Comprehensive orders lasting up to two years
4. Consent Orders: Made with agreement of all parties

Potential Conditions

Courts may impose any conditions deemed necessary to prevent further violence and ensure safety, including:

• Prohibiting presence at specified Commonwealth workplaces
• Restricting communication with specified workers or worker classes
• Preventing damage to workplace property
• Limiting access within specified distances of workplaces

Compliance Implications

For Government Entities

Risk Assessment: Organisations should review their current security and risk management frameworks to identify potential gaps that WPOs might address.

Policy Development: Consider developing internal procedures for:

• Identifying situations warranting WPO applications
• Coordinating with legal teams and authorised persons
• Managing alternative service delivery when orders restrict client access

Staff Training: Ensure frontline staff understand:

• How to recognise and report threatening behaviour
• Procedures for escalating security concerns
• Their rights and protections under the proposed legislation

For Private Sector Organisations

Contractor Relationships: Companies contracting with Commonwealth entities should:

• Review workplace safety protocols for staff working on government premises
• Ensure incident reporting procedures align with Commonwealth requirements
• Consider potential impacts on service delivery if WPOs affect key personnel

Communication Policies: Organisations engaging with government should review:

• Social media and communication guidelines
• Customer complaint handling procedures
• Advocacy and lobbying protocols to ensure compliance with potential WPO conditions

Safeguards and Limitations

Built-in Protections

The bill includes several important safeguards:

Political Communication: WPOs cannot prevent individuals from exercising their right to political communication, with alternative arrangements required when orders might impact this right.

Service Access: Orders must not prevent access to government services and benefits, requiring alternative procedures for continued service delivery.

Court Oversight: Rigorous judicial oversight with requirements for evidence of actual violence and real risk of future violence.

Geographic and Temporal Scope

The legislation includes extraterritorial operation, meaning it applies to conduct occurring outside Australia. Orders can last up to two years for final orders and 12 months for interim orders, with provisions for variation and revocation.

Potential Concerns and Risks

Free Speech Implications

The broad definitions of "personal violence" and "interference with government functioning" raise legitimate concerns about potential impacts on freedom of expression, particularly online communications that criticise government policies or personnel.

Enforcement Challenges

The extraterritorial reach and online application of WPOs may create enforcement complexities, particularly for international communications and social media platforms.

Proportionality Questions

The serious penalties (up to two years imprisonment) for WPO breaches require careful consideration of proportionality in application and enforcement.

Practical Recommendations

Immediate Actions

1. Review Current Policies: Assess existing workplace safety, communication, and incident response policies for alignment with proposed WPO framework.
2. Stakeholder Engagement: Engage with relevant government entities to understand their WPO implementation plans and potential impacts on your operations.
3. Legal Review: Consult legal counsel to understand potential implications for your organisation's activities and communications.

Ongoing Monitoring

1. Legislative Updates: Monitor the bill's progress through Parliament, noting any amendments that might affect scope or application.
2. Case Law Development: Once enacted, track early court decisions to understand practical interpretation of key provisions.
3. Industry Guidance: Watch for guidance from relevant professional bodies and government entities on WPO implementation.

Looking Ahead

While the Commonwealth Workplace Protection Orders Bill 2024 faces uncertainty due to the federal election, its eventual passage in some form appears likely given the bipartisan recognition of workplace safety concerns in government settings.

Compliance professionals should prepare for this new regulatory landscape by reviewing existing frameworks, engaging with stakeholders, and developing robust procedures for navigating WPO requirements while maintaining operational effectiveness.

The bill represents a significant expansion of workplace protection mechanisms, and organisations that proactively address its implications will be better positioned to comply with new requirements while continuing to serve their stakeholders effectively.

This article provides general information only and should not be relied upon as legal advice. Organisations should consult qualified legal professionals for specific guidance on compliance obligations.

Key Takeaways:

• The bill creates powerful new tools for protecting Commonwealth workers from violence
• Broad definitions may capture various forms of threatening behaviour, including online communications
• Built-in safeguards aim to protect political communication and service access rights
• Compliance professionals should begin preparation despite legislative uncertainty
• Robust policies and staff training will be essential for effective implementation