New Workplace Protection Laws – South Australia

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Effective from 4 May 2026, South Australia introduced the Workplace Protection (Personal Violence) Act 2025 (SA), establishing new legal protections for workplaces that interact with the public.

The legislation introduces a new Workplace Protection Order (WPO) scheme, enabling employers and authorised workplace representatives to apply to the Magistrates Court for an order preventing individuals who engage in violent, threatening, intimidating or abusive behaviour from returning to a workplace for up to 12 months.

These reforms are designed to strengthen workplace safety and provide organisations with an additional mechanism to respond to serious behavioural incidents involving members of the public.

What is a Workplace Protection Order?

A Workplace Protection Order may restrict a person from:
  • Entering a workplace
  • Coming within a specified distance of a workplace
  • Contacting certain workers
  • Engaging in particular behaviour while at or near the workplace

Importantly, breaching a Workplace Protection Order is a criminal offence and may result in significant penalties, including imprisonment.

What is considered “personal violence”?

Under the legislation, personal violence extends beyond physical assault and may include:
  • Threatening or intimidating behaviour
  • Repeated harassment, stalking or unwanted contact
  • Offensive, abusive or aggressive conduct
  • Physical or sexual violence
  • Damage to property that creates fear or safety concerns

The legislation also recognises that harmful behaviour may occur through electronic communication, including phone calls, emails and online interactions.

Which workplaces are covered?

The scheme applies to workplaces where employees interact with members of the public, whether in person, by phone or electronically.

This may include:
  • Retail and customer service environments
  • Medical and allied health practices
  • Real estate and property management businesses
  • Professional services reception areas
  • Call centres and contact teams
  • Any workplace where employees engage with the public as part of their role=
Why this matters for employers

While businesses are not specifically required to introduce new policies or training because of the legislation, this is an important opportunity to review workplace processes relating to employee safety and incident response.
Employers should consider:
  • How inappropriate behaviour is reported and escalated
  • Who is responsible for managing serious incidents
  • When external support or legal intervention may be appropriate
  • Which representatives are authorised to apply for a Workplace Protection Order if required

Clear processes and proactive communication can help employees feel supported and safe when managing difficult interactions.

Who can apply for an order?
 
Applications for Workplace Protection Orders may be made by:
  • Employers and business owners
  • Owner-occupiers of workplaces
  • Health and Safety Representatives (HSRs)
  • Employer associations and industry bodies
  • Unions representing workers

Orders are intended to provide protection where there is an ongoing risk that behaviour may continue or escalate.

Need Support?

If you would like assistance reviewing your workplace processes, managing workplace safety concerns, or understanding how these legislative changes may apply to your organisation, the Explore Potential team is available to assist.

Phone: 7095 1830
Email: info@explorepotential.com.au
Website: www.explorepotential.com.au

If you are an HR Compass client, this support is included as part of your service.

The information contained in this article is general in nature and does not constitute legal advice. Organisations should seek specific advice relevant to their individual circumstances.