Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Hon Mark Dreyfus KC MP)NOTES ON CLAUSES
Preliminary
Clause 1 – Short title
26. Clause 1 provides for the short title of the Act to be the Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Act 2024.
Clause 2 – Commencement
27. Clause 2 provides that the whole of the Act will commence on the day after the Act receives Royal Assent.
Clause 3 – Schedules
28. Clause 3 provides that legislation that is specified in a Schedule to the Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Bill has effect according to its terms.
SCHEDULE 1 – EXPANDING PROTECTIONS FOR COMMONWEALTH FRONTLINE WORKERS
Commonwealth Criminal Code Act 1995
Item 1 – Section 146.1 of the Criminal Code
29. This item inserts "(1)" before "In this part", reflecting the expansion of the section to multiple subsections.
Item 2 – Section 146.1 of the Criminal Code
30. This item refers to the definition of 'Commonwealth frontline worker' as having the meaning given to it by new subsection 146.1(2) of the Criminal Code.
Item 3 - At the end of section 146.1 of the Criminal Code
31. This item inserts the term 'Commonwealth frontline worker' into the Criminal Code. This inclusion acknowledges that Commonwealth frontline workers perform vital public functions but, unfortunately, face increasing and additional risks when delivering services or undertaking their work.
32. The term 'Commonwealth frontline worker' is defined as a person:
- a)
- who is a Commonwealth public official; and
- b)
- who performs work requiring the person to deal directly (whether or not in person) with the public, or a class of the public, as a primary function of their role; and
- c)
- who is not a Commonwealth judicial officer or a Commonwealth law enforcement officer.
33. This definition focuses on the nature of the role being performed – specifically, the requirement for the Commonwealth public official to deal directly (whether or not in person) with the public, or a class of the public, as a primary function of their role. In this way, it is intended to capture a variety of Commonwealth public officials, including but not limited to:
- o
- service centre staff and team leaders (including at face-to-face and virtual service centres)
- o
- security guards
- o
- call centre operators
- o
- inspectors and compliance officers, such as officers exercising monitoring or investigation powers under the Regulatory Powers (Standard Provisions) Act 2015
- o
- interpreters
- o
- public-facing staff in electorate offices, and
- o
- service staff at relief and emergency centres, such as during a natural disaster.
34. Subsection (3) sets out that specific categories of workers can be prescribed in regulations as being frontline workers for the purposes of the Act.
Item 4 – Subsection 147.1(1)(paragraph (f) of the penalty) of the Criminal Code
35. This item omits "or a Commonwealth law enforcement officer" and substitutes ", a Commonwealth law enforcement officer or a Commonwealth frontline worker". The effect of this amendment is to increase the maximum penalty for causing harm to a Commonwealth frontline worker from 10 years' imprisonment to 13 years' imprisonment.
36. This item aligns the penalties for causing harm to a Commonwealth frontline worker with the existing higher penalties applicable for the same conduct against a Commonwealth judicial officer or a Commonwealth law enforcement officer. This is necessary to address the increasing levels of violence and aggression experienced by Commonwealth frontline workers in the course of performing their work and to send a powerful message to the community that this violence and aggression is not acceptable and will be met with serious penalties.
Item 5 – Paragraph 147.1(1B)(b) of the Criminal Code
37. This item provides that, where the court is satisfied it is proper to do so, an offence of causing harm to Commonwealth frontline worker may be tried summarily with the consent of the defendant and the prosecutor.
Item 6 – Subsection 147.2(1) (paragraph (e) of the penalty) of the Criminal Code
38. This item omits "or a Commonwealth law enforcement officer" and substitutes ", a Commonwealth law enforcement officer or a Commonwealth frontline worker". The effect of this amendment is to increase the maximum penalty for threatening to cause serious harm to a Commonwealth frontline worker from 7 years' imprisonment to 9 years' imprisonment.
39. This item aligns the penalties for threatening to cause serious harm to a Commonwealth frontline worker with the existing higher penalties applicable for the same conduct against a Commonwealth judicial officer or a Commonwealth law enforcement officer. This is necessary to address the increasing levels of violence and aggression experienced by Commonwealth frontline workers in the course of performing their work and to send a powerful message to the community that this violence and aggression is not acceptable and will be met with serious penalties.
Item 7– Application of amendments
40. The amendments to the Criminal Code made by this Schedule apply in relation to any conduct engaged in after the commencement of this Schedule.