NEW PENALTIES FOR ABUSIVE CUSTOMERS

increased abuse and assaults by customers.

NSW Premier Chris Minns said:

BY BARBARA NEBART, BRANCH SECRETARY

We are very pleased that the NSW Labor Government has kept its pre election promise to protect retail workers from abuse by customers. Research from the McKell Institute, commissioned by the Shop, Distributive and Allied Employees Association found that a staggering 85% of retail workers have been abused or assaulted at work.

During the pandemic, it became clear that retail workers were as essential as our nurses, police and doctors.

Retail and fast food workers on the frontline, inside stores and supermarkets were subject to

Legislation was passed on 29 June 2023 to increase the penalties for those who abuse or assault retail workers, with offenders to be hit with sentences up to 11 years in jail.

The reforms will be in three new offences: u A 4-year jail term for anyone convicted of assault, throwing a missile, stalking, harassing or intimidating retail workers while on the job, even if no physical harm is caused; u A maximum 6-year jail term for offenders who physically harm employees while at work; u A maximum 11-year jail term would be levelled at offenders who cause grievous bodily harm.

“Everyone should be treated with decency and respect while at work. There is no excuse for assaulting anyone, particularly not someone who is doing their job.

“This Bill reflects our government’s commitment to support our workers and ensure their safety in the workplace.”

Minister for Industrial Relations and Work

Health and Safety Sophie Cotsis said:

“This type of offending causes enormous distress for the shop workers, their families and the wider community and can leave lasting emotional scars, as well as those caused by injury.

“It’s crucial that people feel safe when going to work and these changes will provide a deterrent for those who would behave in this manner to people trying to provide them with a service.

“I’ve heard firsthand from retail workers who have experienced terrible abuse which has affected their working life, this legislation signals the Government’s support for our workers and their safety.”

NSW Attorney General Michael Daley said:

“Everyone deserves to feel safe at work and that includes retail workers, they are essential to our economy and society and should not be subject to violence, abuse or threats.

“The new offences will carry more severe penalties than general assault provisions, and send a strong message that this behaviour is unacceptable. “We are committed to ensuring the justice system protects workers and that penalties are appropriate and meet community standards.”

Making progress

This is a great step forward in protecting retail workers from the ever increasing incidence of abuse by customers! No one deserves a serve!

How To Report Abusive And Violent Customers

The process for reporting health and safety issues such as abusive and violent customer behaviour may be different depending on your employer and your store.

Find out the correct procedure in your store and when an incident occurs report it to your supervisor. You should also report it to your SDA Health & Safety Rep or Delegate and your Health & Safety Committee if your store has one.

Remember, you’re not alone. If you’re reporting incidents but don’t feel like you’re being appropriately supported, get in touch with the SDA for help.

CAN I REPORT IT EVEN IF IT DOESN’T HAPPEN TO ME?

Yes. You can report any safety issue or hazard that you see or experience, even if it doesn’t happen to you directly.

Reporting incidents creates a record of the abuse so we can push for better protections to make your store safer. If you don’t report it – it’s like it never happened.

When someone gets injured at work, you report it. If you were to slip from a spill on the floor at work, you would report it.

Being on the receiving end or seeing abusive or violent behaviour is a safety hazard. It can have a serious impact on the mental and physical health of you and your workmates.