Keeping staff safe from abuse: A guide to the new Workplace Protection Orders in SA
Customer abuse of Council employees is an unfortunate part of the reality of Council work. Councils have a range of tools at their disposal to prevent, minimise, or otherwise deal with such abuse. These include banning persons from premises, exercising powers under the Local Government Act 1999, giving directions under the Work Health and Safety Act 2012, and seeking intervention orders under the Intervention Orders (Prevention of Abuse) Act 2009.
As of 4 May 2026, a new tool has been added by virtue of the Workplace Protection (Personal Violence) Act 2025 (the Act). The Act brings into existence the new concept of a Workplace Protection Order (WPO), designed to protect staff from violence and harassment at work.
Is a WPO different to an intervention order?
WPOs are different to intervention orders. While both require a formal Court process in the Magistrates Court, each has their own different purpose.
While intervention orders are designed to deal with abuse directed at specific individuals, WPOs are instead directed at protecting ‘workplaces’. A WPO applies across a workplace and can protect all workers, compared to an intervention order which only protects specific named individuals.
‘Workplace’ means any place where a worker carries out work that requires direct interaction with members of the public, and includes any place where a worker goes, or is likely to be, while undertaking such work. In our view this means that, in appropriate circumstances, a WPO could be made which covers much or all of the public realm within a Council area.
Although the making of a WPO requires the identification of ‘personal violence’ (as opposed to ‘abuse’ for an intervention order), that term is defined broadly under the Act and includes ‘threatening behaviour’ and ‘harassing, intimidating or offensive behaviour’.
How can my Council obtain a WPO?
The seeking of a WPO requires a formal Court process in the Magistrates Court. Employers (meaning the Council as an entity) can apply for a WPO. Other persons who can apply for WPOs include union representatives and health and safety representatives.
We suggest that specific advice is sought before the making of any application for a WPO.
The Court’s decision whether to make a WPO will depend on the evidence put forward. Each case will be determined on its own facts, and the Court will decide questions of fact on the balance of probabilities (i.e. what is more likely than not). When deciding whether to make a WPO, the Court will weigh up both the need for protection and the impact on the defendant.
Like an intervention order, the Court also has the power to order an interim WPO before the application for the WPO is determined, if satisfied that this is necessary to ensure the safety of a person from personal violence or prevent substantial damage to property at a workplace.
What conditions can a WPO include?
The Court has very broad discretion to design orders that are suited to specific circumstances. A WPO (or interim WPO) can include any one or more of the following conditions:
a) prohibit the defendant from entering the workplace;
b) prohibit the defendant from being within a particular distance from the workplace;
c) prohibit the defendant from doing anything that is personal violence in relation to the workplace;
d) prohibit the defendant from causing someone else to do anything that is personal violence in relation to the workplace;
e) state the conditions on which the defendant may –
i. be in the workplace; or
ii. approach or contact a particular person
Further, the Court may devise whatever other conditions the Court considers necessary, after weighing up both the need for protection and the impact on the defendant.
Additionally, it is the default position under the Act that upon the making of any WPO, any firearm, ammunition or part of a firearm in the possession of a defendant and any licence or permit held by the defendant must be surrendered.
Time limits and breaches
A standard WPO will remain in force for 12 months. However, the order can state a shorter period, or a longer period if the Court is satisfied that there are special or exceptional circumstances that justify a longer period.
If a person engages in conduct that contravenes a WPO that applies to them, they will be guilty of a criminal offence. The maximum penalty for a breach of a WPO is 2 years imprisonment for breaches not involving personal violence, or 5 years imprisonment for breaches which do involve personal violence.
Next steps for employers
The Act does not require organisations to create new policies or undergo training. However, Councils may find it beneficial to review their current procedures and policies for managing personal violence that falls within the definition of the Act, to confirm that escalation pathways are clear and to identify who may apply for a WPO under the Act.
Conducting such a review may also help workplaces ensure they are meeting their obligations under the Work Health and Safety Act 2012 to protect the health and safety of their workers.
Delegations should also be considered to ensure that appropriate persons can apply for WPOs on behalf of the Council.
Should you wish to discuss any of the matters raised in this article, or require specific advice as to any aspect of this operation of the Act, please contact Sathish Dasan on +61 8 8210 1253 or SDasan@normans.com.au or Paul Kelly on +61 8 8210 1248 or PKelly@normans.com.au.
