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This Act is the Commonwealth Workplace Protection Orders Act 2025.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The object of this Act is:
to protect Commonwealth workers and persons in Commonwealth workplaces from harm and threats of harm; and
to ensure that services delivered by the Commonwealth can be accessed by the public in a safe environment; and
to deter violence and aggression against Commonwealth workers.
This Act establishes a scheme for courts to make Commonwealth workplace protection orders to prevent personal violence against Commonwealth workers or in Commonwealth workplaces.
A person engages in personal violence if the person causes, or threatens to cause, harm or a reasonable fear of harm to another person in a way that interferes with the functioning of the Executive Government of the Commonwealth. This may include interfering with the ability of a Commonwealth worker to do their job or of a person to safely access Commonwealth benefits or services.
A Commonwealth worker is a person that carries out work in any capacity for the Commonwealth, including contractors, security guards, volunteers, and persons employed under the Members of Parliament (Staff) Act 1984.
Any place where a Commonwealth worker ordinarily goes, or is likely to be, while carrying out that work can be a Commonwealth workplace. This may include mobile service centres, mobile shopfronts, an emergency relief centre, or a work vehicle. However, it does not include a place that is owned or occupied by a court of a State or Territory.
An application for a Commonwealth workplace protection order may be made by the following persons (called authorised persons) or their delegates:
the Chief Executive and Principal Registrar of the High Court;
the accountable authority or chief executive officer (however described) of a Commonwealth entity.
If a court decides to make a Commonwealth workplace protection order, the court may impose any conditions the court considers necessary or desirable to prevent further personal violence by the respondent or to ensure the safety of a Commonwealth worker or Commonwealth workplace.
It is an offence to contravene a condition of a Commonwealth workplace protection order.
This Act is intended to operate concurrently with State and Territory laws. It is not intended that the existence of a Commonwealth workplace protection order would prevent a protective order being applied for or made against the respondent under a State or Territory law.
In this Act:
accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
affected worker has the meaning given by subsection 6(2).
affected workplace has the meaning given by subsection 6(3).
authorised person has the meaning given by section 7.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth worker means:
a person that carries out work in any capacity for a Commonwealth entity or the High Court, including work as:
an employee; or
a contractor or subcontractor; or
an employee of a contractor or subcontractor; or
an employee of a labour hire company who has been assigned to carry out work for a Commonwealth entity or the High Court; or
an outworker; or
an apprentice or trainee; or
a student gaining work experience; or
a volunteer; or
a person who is employed under the Members of Parliament (Staff) Act 1984.
Commonwealth workplace means a place where work as a Commonwealth worker is carried out and includes:
any place where a Commonwealth worker ordinarily goes while carrying out work as a Commonwealth worker; and
any place where a Commonwealth worker is likely to be while carrying out work as a Commonwealth worker;
but does not include a place that is owned or occupied by a court of a State or Territory.
Commonwealth workplace protection order means:
an interim order; or
an urgent interim order; or
a final order; or
a consent order.
consent order means an order made under Subdivision D of Division 2 of Part 2.
electoral representative, in relation to a person, means:
the member of the House of Representatives for the Division (within the meaning of the Commonwealth Electoral Act 1918) in which the person lives; or
a Senator for the State or Territory in which that Division is located.
final order means an order made under Subdivision C of Division 2 of Part 2.
harm has the same meaning as in Part 7.8 of the Criminal Code.
impaired decision‑making ability: see subsections 22(4) and (5).
interim order means an order made under Subdivision A of Division 2 of Part 2.
personal violence has the meaning given by subsection 6(1).
place includes:
a vehicle, vessel, aircraft or other mobile structure; and
an area of water; and
a fixed or floating structure or installation of any kind.
protective order, against a person, means an order (including an interim order) made under a law of the Commonwealth (other than this Act), a State or a Territory to prevent the person from causing harm to another person.
related application, in relation to an application for an interim order: see paragraph 13(1)(a).
respondent, in relation to a Commonwealth workplace protection order or an application for such an order, means the person against whom the order is made or sought.
urgent interim order means an order made under Subdivision B of Division 2 of Part 2.
A person engages in personal violence if:
the person engages, or makes a threat to engage, in conduct that directly or indirectly causes harm or a reasonable fear of harm to:
a Commonwealth worker; or
an individual at a Commonwealth workplace; and
if subparagraph (a)(i) applies—the person engages in the conduct or makes the threat because of the Commonwealth worker’s status as a Commonwealth worker; and
the conduct or threat directly or indirectly interferes with the functioning of the Executive Government of the Commonwealth.
For example, conduct or a threat may interfere with the functioning of the Executive Government of the Commonwealth if it interferes with:
the ability of a Commonwealth worker to perform their functions or duties as a Commonwealth worker; or
the performance of functions or exercise of powers of the Commonwealth; or
the ability of a person to access benefits or services provided by the Commonwealth in a safe environment.
The Commonwealth worker is the affected worker in relation to the personal violence.
The Commonwealth workplace is the affected workplace in relation to the personal violence.
Conduct causing harm
For the purposes of subsection (1), a person’s conduct is taken to cause harm if it substantially contributes to harm.
Threats
For the purposes of subsection (1), a threat may be:
express or implied; or
conditional or unconditional.
Each of the following is an authorised person:
the Chief Executive and Principal Registrar of the High Court;
if the accountable authority of a Commonwealth entity is a single person—that person;
if the accountable authority of a Commonwealth entity is a governing body or other group of persons—the chief executive officer (however described) of the entity.
This Act binds the Crown in each of its capacities.
This Act extends to every external Territory.
This Act extends to acts, omissions, matters and things outside Australia.
This Act is not intended to exclude or limit the operation of a law of the State or Territory that is capable of operating concurrently with this Act.
A Commonwealth workplace protection order may be an interim order, an urgent interim order, a final order or a consent order.
The following persons (called authorised persons) may apply to a court for a final order:
the Chief Executive and Principal Registrar of the High Court;
the accountable authority or chief executive officer (however described) of a Commonwealth entity.
The authorised person may apply for an interim order before the application for a final order is finally determined.
In urgent circumstances, the authorised person may apply for an urgent interim order without having applied for a final order. The application does not need to be made in writing or served on the respondent. An urgent interim order ceases after 7 days unless an application for a final order is made within that period.
A court may decide to make an interim order, an urgent interim order or a final order if satisfied of certain matters. A court may also make a final order with the consent of the parties to the proceeding (called a consent order).
The court may impose, by a Commonwealth workplace protection order, any conditions the court considers necessary or desirable to prevent further personal violence by the respondent or to ensure the safety of a Commonwealth worker or Commonwealth workplace. This could include conditions limiting the respondent’s ability to communicate with a Commonwealth worker or access to a Commonwealth workplace.
A Commonwealth workplace protection order may be varied or revoked on application by the respondent or an authorised person, and must be revoked if the grounds on which the order was made no longer exist.
It is an offence to contravene a condition of a Commonwealth workplace protection order.
A Commonwealth workplace protection order may be applied for and made against a person even if there is already a Commonwealth workplace protection order, or a protective order under another law, in force against the person.
This Part is also not intended to prevent a protective order under another law being applied for or made against a person even if there is already a Commonwealth workplace protection order in force against the person.