s 31

Assaults

In force

S. 31(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 13), 48/1997 s. 60(1)(Sch. 1 item 16).

(1)

A person who—

(a)

assaults or threatens to assault another person with intent to commit an indictable offence; or

S. 31(1)(b) amended by Nos 43/2011 s. 16, 37/2014 s. 10(Sch. item 36.3), substituted by No. 69/2014 s. 13(1), amended by Nos 28/2016 s. 7(1), 43/2017 s. 48(1), 52/2025 s. 3(1)(a).

(b)

assaults or threatens to assault, resists or intentionally obstructs an emergency worker on duty or a youth justice custodial worker on duty, or a custodial officer on duty, knowing or being reckless as to whether the person is an emergency worker or a youth justice custodial worker or a custodial officer; or

S. 31(1)(ba) inserted by No. 69/2014 s. 13(1), amended by Nos 20/2015 s. 21, 28/2016 s. 7(2), 43/2017 s. 48(2), 52/2025 s. 3(1)(a).

(ba)

assaults or threatens to assault, resists or intentionally obstructs a person lawfully assisting an emergency worker on duty or a youth justice custodial worker on duty, or a custodial officer on duty, knowing or being reckless as to whether the person is assisting an emergency worker or a youth justice custodial worker or a custodial officer; or

S. 31(1)(bb) inserted by No. 52/2025 s. 3(1)(b).

(bb)

assaults or threatens to assault an applicable customer-facing worker in connection with the performance of the worker's duties, knowing or being reckless as to whether the person is an applicable customer-facing worker; or

(c)

assaults or threatens to assault a person with intent to resist or prevent the lawful apprehension or detention of a person—

is guilty of an indictable offence.

Level 6 imprisonment (5 years maximum).

(2)

In subsection (1), assault means the direct or indirect application of force by a person to the body of, or to clothing or equipment worn by, another person where the application of force is—

(a)

without lawful excuse; and

(b)

with intent to inflict or being reckless as to the infliction of bodily injury, pain, discomfort, damage, insult or deprivation of liberty—

and results in the infliction of any such consequence (whether or not the consequence inflicted is the consequence intended or foreseen).

S. 31(2A) inserted by No. 69/2014 s. 13(2), amended by Nos 28/2016 s. 7(3), 38/2017 s. 81(1), 43/2017 s. 48(3), substituted by No. 52/2025 s. 3(2).

(2A)

In subsection (1)—

applicable customer-facing worker has the meaning given in section 51C of the Summary Offences Act 1966;

custodial officer has the same meaning as in section 10AA(8) of the Sentencing Act 1991;

emergency worker has the same meaning as in section 10AA(8) of the Sentencing Act 1991;

youth justice custodial worker has the same meaning as in section 10AA(8) of the Sentencing Act 1991.

S. 31(2B) inserted by No. 52/2025 s. 3(2).

(2B)

In subsection (1), on duty—

(a)

in relation to an emergency worker, has the same meaning as in section 10AA(9) of the Sentencing Act 1991; and

(b)

in relation to a custodial officer, has the same meaning as in section 10AA(10) of the Sentencing Act 1991; and

(c)

in relation to a youth justice custodial worker, has the same meaning as in section 10AA(11) of the Sentencing Act 1991.

(3)

In subsection (2)—

application of force includes—

(a)

application of heat, light, electric current or any other form of energy; and

(b)

application of matter in solid, liquid or gaseous form.

S. 31(4) inserted by No. 52/2025 s. 3(3).

(4)

Without limiting subsection (1)(bb), an assault or threat to assault is connected with the performance of the worker's duties if the assault or threat occurs—

(a)

when the worker is—

(i)

performing their duties; or

(ii)

taking a break from performing their duties; or

(iii)

arriving at, or leaving, a place at which they perform their duties; or

(b)

in response to—

(i)

a thing done or omitted to be done by the worker when performing their duties; or

(ii)

a thing that the person who engages in the conduct believes the worker has done or omitted to do when performing their duties.

S. 31A inserted by No. 66/1996 s. 202 (as amended by Nos 26/1997 s. 35(2), 48/1997 s. 60(2) (as amended by No. 74/2000 s. 3(Sch. 1 item 114))).

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