The Workplace Protection (Personal Violence) Act 2025 (SA) (Act) commenced operation on 4 May 2026. The Act gives new powers to the Magistrates Court to make Workplace Protection Orders (WPO) for workplaces where there is a direct interaction with members of the public.
The purpose of a WPO is to prevent a person (defendant) from engaging in personal violence in a workplace.
Workplace Protection Orders
These laws allow certain persons to apply for a WPO that can control how a member of the public interacts with a workplace in order to prevent and reduce personal violence.
The Act includes various behaviours that may constitute personal violence: physical violence or abuse; sexual violence or abuse; threatening behaviour; stalking; harassing, intimidating or offensive behaviour; and the damaging of property that causes reasonable fear to a person.
Under the Act, a workplace is any place where a worker goes, or is likely to be, while carrying out prescribed work for a business. Prescribed work requires direct interaction with members of the public, regardless of whether the interaction is in person or not. Therefore, the Act adopts a broad concept of personal violence and applies to any location connected with public‑facing work, ensuring protection wherever workers engage with the public.
An application for a WPO can be made when workplace‑related personal violence has occurred or where there is a fear that it may occur. The following persons can apply for a WPO:
- employer;
- an owner or occupier of the premises in which the workplace is situated;
- a representative of an employer association of which an employer is a member;
- a health and safety representative for the workplace; or
- a union entitled to represent workers at the workplace.
Once an application has been made, the Court will organise a conference with the parties unless that would cause a risk to someone’s safety, be unlikely to achieve its objectives, or an interim WPO is sought. If a preliminary conference is not organised or one is held but it is unsuccessful, the Court will hold a hearing to determine whether a WPO should be made.
The Court can make a WPO if it determines that the defendant has engaged in personal violence in relation to a workplace and may engage in further violence.
A WPO must, where relevant, include a condition that the defendant surrender any firearms. The Court has very broad powers to include any condition in the WPO it considers necessary. Other conditions that may be included in a WPO are that the defendant be prohibited from:
- entering the workplace;
- being within a particular distance of the workplace;
- engaging in personal violence in relation to the workplace; and
- causing someone else to engage in personal violence in relation to the workplace.
WPOs will generally remain in force for 12 months. A WPO can be made for a shorter period or, if there are special or exceptional circumstances, for a longer period. A WPO can be varied or revoked on application by either the person who applied for the WPO, a person protected by the WPO, or the defendant.
There are harsh penalties if a person contravenes a WPO. If a person contravenes a WPO they may be subject to a maximum penalty of two years’ imprisonment, if the contravention does not involve personal violence, and up to five years’ imprisonment, if the contravention involves personal violence.
Key Takeaways
The Act provides a powerful, court-enforceable mechanism to protect employees and prevent violence at work. Employers can apply for a WPO to restrict or ban individuals who threaten, harass or intimidate workers, allowing action to be taken before behaviour escalates into serious harm.
The Act also changes the practical management of work health and safety duties, particularly in public‑facing workplaces such as retail, hospitality, health services, and even commercial premises with a reception area accessible to the public. WPOs are now a recognised risk‑control option supported by criminal penalties for breaches and employers will likely be expected to factor WPOs into their violence‑management procedures, training and escalation plans. A failure to do so could potentially increase regulatory and liability risk if employee safety is compromised.
For advice on WPO’s or how to amend policies, procedures and training, please contact Mellor Olsson’s Employment and Workplace Law team.