NSW Bill Proposes New Offences for Assaults on Frontline Emergency and Health Workers
Tuesday 23 August 2022 @ 10.41 a.m. | Crime | Legal Research
On 10 August 2022, the Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 (NSW) (“the Bill”) was introduced into the NSW Legislative Assembly. The Bill was introduced by the Attorney General Mark Speakman (“the Attorney General”). The Bill is in response to the recent findings of the NSW Sentencing Council, which released a report on assaults on emergency services workers in July 2021.
In the Second Reading Speech on 10 August 2022, the Attorney General commented that:
“This legislation is a critical part of our response to the Sentencing Council's report. It underscores the Government's strong commitment to strengthening frontline services. This bill recognises the vital role these workers have in our community. It makes clear that assaulting them is not only reprehensible but will also attract serious criminal punishment. Acts of violence on emergency services workers and frontline workers in the course of their duties are unacceptable. Those who perpetuate disgraceful acts of violence on these dedicated individuals should face stringent consequences.”
Proposed Offences for Violence against Frontline Emergency and Health Workers
The Bill proposes to insert new sections 60AD and 60AE into the Crimes Act 1900 (NSW) (“the Act”), which would make it an offence to:
- hinder or obstruct;
- incite another person to hinder or obstruct;
- assault, throw a missile at, stalk, harass, or intimidate;
- wound or cause grievous bodily harm to;
- be reckless as to cause actual bodily harm to;
a frontline emergency or health worker in the course of the worker’s duty.
The proposed legislation specifies that an action is taken to have been carried out in the course of a frontline emergency or health worker’s duty, even if the worker is not on duty at the time, if the action is carried out:
- as a consequence of, or in retaliation for, actions undertaken by the worker in the course of their duty; or
- because the worker is a frontline emergency or health worker.
The Bill also proposes to add new definitions for ‘frontline emergency workers’ and ‘frontline health workers’ in the Act. The amendments would capture workers from a range of emergency organisations, including the NSW Rural Fire Service, Fire and Rescue NSW, Surf Life Saving NSW, Ambulance Service of NSW and St Johns Ambulance Australia (NSW). The Bill also proposes to define ‘frontline health workers’ to include pharmacists and other pharmacy staff.
The new offences are punishable by various maximum penalties ranging from 12 months imprisonment to 14 years imprisonment.
Proposed Offences for Violence against Law Enforcement
In addition to the new offences for assaults against frontline workers, the Bill also proposes to amend the Act to consolidate existing offences for assaults or violent acts towards law enforcement officers.
Proposed sections 60(1AA) and 60A(1AA) of the Act introduce new summary offences of hindering, resisting, or inciting another person to hinter or resist, a police officer or other law enforcement officer in the execution of the officer’s duty. If passed, offences could be punishable by a maximum penalty of 12 months’ imprisonment and/or a fine of 20 penalty units (currently about $2,200).
Other additional offences proposed include making it an offence for a person to:
- during a public disorder, assault, throw a missile at, stalk, harass or intimidate a law enforcement officer, other than a police officer;
- during a public disorder, wound or cause grievous bodily harm to a law enforcement officer, other than a police officer;
- assault a person who comes to the aid of a law enforcement officer who is being assaulted;
- hinder or obstruct a person who comes to the aid of a law enforcement officer who is being hindered or obstructed in the course of the officer’s duty.
The Attorney General further commented in the Second Reading Speech for the Bill that:
“Every person should be able to feel free and safe in their workplace, including health and emergency services workers who perform an essential public service for our community in difficult circumstances and often at personal risk.”
The Bill is yet to pass the Legislative Assembly.
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Sources:
Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 (NSW), and additional explanatory material available from TimeBase’s LawOne Service
Assaults on emergency services workers (New South Wales Sentencing Council, July 2021)
