House of Representatives

Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Bill 2024

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Hon Mark Dreyfus KC MP)

GENERAL OUTLINE

1. The purpose of the Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Bill 2024 is to strengthen protections for Commonwealth frontline workers by amending existing offences in the Criminal Code (Cth) (the Criminal Code). These amendments respond to the heightened workplace health and safety risks faced by Commonwealth workers in government service-delivery, compliance and other public facing roles and ensure that relevant penalty provisions more closely reflect the risks faced.

2. The Bill addresses recommendation 18 of the Services Australia Security Risk Management Review conducted in 2023 by Mr Graham Ashton AM APM (the Ashton Review). The Ashton Review was commissioned by the Minister for Government Services, the Hon Bill Shorten MP, following the assault of a staff member with a bladed weapon at a Services Australia service centre in May 2023. Recommendation 18 stated that consideration be given to 'the creation of a national penalty provision and associated state and territory supportive amendments for the assault of a Commonwealth frontline worker.'

3. Subsection 147.1(1) of the Criminal Code provides a maximum penalty of 10 years' imprisonment for the offence of causing harm to a Commonwealth public official. However, where the official is a Commonwealth judicial officer or a Commonwealth law enforcement officer, the maximum penalty increases to 13 years' imprisonment (refer paragraphs (g) and (f) respectively).

4. Similarly, subsection 147.2(1) of the Criminal Code provides a maximum penalty of 7 years' imprisonment for threatening to cause serious harm to a Commonwealth public official. However, where the official is a Commonwealth judicial officer or a Commonwealth law enforcement officer, the maximum penalty increases to 9 years' imprisonment (refer paragraphs (f) and (e) respectively).

5. The Bill will place Commonwealth frontline workers on the same footing as Commonwealth judicial officers and Commonwealth law enforcement officers and bring them within the aggravated forms of both offences to which higher maximum penalties apply. This is achieved by:

inserting the term 'Commonwealth frontline worker' at section 146.1 of the Criminal Code; and
extending the higher penalty provisions, outlined in sections 147.1(1)(f) and 147.2(1)(e), to circumstances where the Commonwealth public official is a Commonwealth frontline worker.

6. The Bill defines a Commonwealth frontline worker as a Commonwealth public official 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.

7. The Bill also contains a mechanism to prescribe one or more categories of workers as frontline workers for the purpose of the relevant offences.

8. These amendments will send a powerful message to Commonwealth frontline workers that they are valued and that violence and aggression towards them will not be tolerated and will be met with serious penalties.

9. Harmful and threatening conduct against Commonwealth public officials who do not fall within the category of Commonwealth frontline workers (or Commonwealth judicial officials or Commonwealth law enforcement officials) will continue to be prosecuted under the standard offence provisions in subsections 147.1(1) and 147.2(1), for which the maximum penalties are 10 and 7 years' imprisonment respectively.

FINANCIAL IMPACT

10. Nil.


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