{"id":"workplace-protection-personal-violence-act-2025","name":"Workplace Protection (Personal Violence) Act 2025","slug":"workplace-protection-personal-violence-act-2025","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110879,"registerId":"sa-workplace-protection-personal-violence-act-2025-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Workplace Protection (Personal Violence) Act 2025","content":"South Australia\nWorkplace Protection (Personal Violence) Act 2025\nAn Act to protect people from personal violence in the workplace, to make a related amendment to the Youth Court Act 1993 and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tObjects of Act\n4\tInterpretation\n5\tMeaning of workplace\nPart 2—Workplace Protection Orders\n6\tApplication for workplace protection order\n7\tPreliminary conferences\n8\tInterim workplace protection order\n9\tWorkplace protection order\n10\tProtection orders by consent\n11\tConditions of protection orders\n12\tCommencement of protection order\n13\tExplaining order to parties present in court\n14\tDuration of workplace protection order\n15\tVariation and revocation of protection orders\n16\tOffence to contravene protection order\n17\tPrincipal Registrar to give notice of protection order\nPart 3—Miscellaneous\n18\tProvision of information by police\n19\tCosts\n20\tPower to arrest and detain for contravention of protection order\n21\tBurden of proof\n22\tConsequential and ancillary orders\n23\tRegulations\n24\tReview of Act\nSchedule 1—Related amendments\nPart 1—Amendment of Youth Court Act 1993\n1\tAmendment of section 7—Jurisdiction\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Workplace Protection (Personal Violence) Act 2025.\n2—Commencement\nThis Act comes into operation on a day to be fixed by proclamation.\n3—Objects of Act\nThe objects of this Act include—\n\t(a)\tto prevent and reduce personal violence in workplaces; and\n\t(b)\tto facilitate the safety and protection of people who fear or experience personal violence at work by providing a legally enforceable mechanism to prevent personal violence; and\n\t(c)\tto encourage perpetrators of personal violence to be accountable for their conduct; and\n\t(d)\tto allow for the resolution of conflict without the need for adjudication.\n4—Interpretation\n\t(1)\tIn this Act—\naffected person, in relation to personal violence at a workplace, means any of the following people against whom personal violence has been, or is likely to be, committed:\n\t(a)\tan employee at the workplace;\n\t(b)\tthe employee's employer;\n\t(c)\tany other person in the workplace;\nCourt means the Magistrates Court of South Australia;\ndefendant means a person—\n\t(a)\tin relation to whom an application for a workplace protection order has been made; or\n\t(b)\tagainst whom a protection order has been made;\nemployer means someone who engages an individual—\n\t(a)\tunder a contract of service; or\n\t(b)\tunder a contract for services; or\n\t(c)\tunder an apprenticeship; or\n\t(d)\tunder an approved training contract under the South Australian Skills Act 2008; or\n\t(e)\tto work as a volunteer;\nemployer association means an employer association that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009;\nhealth and safety representative has the same meaning as in the Work Health and Safety Act 2012;\ninterim workplace protection order means an interim workplace protection order under section 8;\nintervention order means an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009;\npersonal violence means any of the following behaviour by a person in relation to another person:\n\t(a)\tphysical violence or abuse;\n\t(b)\tsexual violence or abuse;\n\t(c)\tthreatening behaviour;\n\t(d)\tstalking;\n\t(e)\tharassing, intimidating or offensive behaviour;\n\t(f)\tdamaging property;\nPrincipal Registrar means the Principal Registrar of the Court;\nprotected person means a person protected under a workplace protection order or interim workplace protection order;\nprotection order means—\n\t(a)\ta workplace protection order; or\n\t(b)\tan interim workplace protection order;\nunion means—\n\t(a)\tan employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or\n\t(b)\tan association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law;\nworkplace—see section 5;\nworkplace protection order means an order under section 9 restraining a person from personal violence in relation to a workplace.\n\t(2)\tIn this Act, a reference to personal violence by a person in relation to a workplace means—\n\t(a)\tbehaviour of a kind referred to in paragraphs (a) to (e) of the definition of personal violence in subsection (1) engaged in by the person in relation to a person at the workplace; or\n\t(b)\tbehaviour of a kind referred to in paragraph (f) of the definition of personal violence in subsection (1) engaged in by the person in relation to property at the workplace that causes reasonable fear to a person at the workplace.\n5—Meaning of workplace\n\t(1)\tSubject to this section, a workplace is a place where prescribed work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while undertaking prescribed work.\n\t(2)\tA reference in this Act to a workplace will be taken to not include a prescribed workplace or a prescribed class of workplace.\n\t(3)\tIn this section—\nplace includes—\n\t(a)\ta vehicle, vessel, aircraft or other mobile structure; and\n\t(b)\tany waters and any installation on land, on the bed of any waters or floating on any waters;\nprescribed work means—\n\t(a)\twork that requires direct interaction with members of the public (irrespective of whether the interaction is in person or not); or\n\t(b)\tany other work of a prescribed kind,\nbut does not include work of a kind excluded from this definition by the regulations.\nPart 2—Workplace Protection Orders\n6—Application for workplace protection order\n\t(1)\tSubject to this section, any of the following persons may apply to the Court for a workplace protection order in relation to a workplace:\n\t(a)\tan employer at the workplace;\n\t(b)\tthe owner or occupier of the premises in which the workplace is situated;\n\t(c)\ta representative of an employer association of which an employer at the workplace is a member;\n\t(d)\ta health and safety representative for the workplace;\n\t(e)\ta union entitled to represent the industrial interests of workers at the workplace.\n\t(2)\tWhen an application for a workplace protection order has been received in the Court, the Court must fix a date for a preliminary conference unless—\n\t(a)\tan interim workplace protection order is sought; or\n\t(b)\tthe Court is satisfied, on application or its own initiative, that—\n\t(i)\tholding a preliminary conference would create an unacceptable risk to a person's safety; or\n\t(ii)\ta preliminary conference would be unlikely to achieve its objects.\n\t(3)\tIf the Court does not fix a date for a preliminary conference under subsection (2), the Court must fix a date for the hearing of the application which, if an interim workplace protection order is sought, must be returned before the Court as a matter of priority, as far as is practicable.\n\t(4)\tThe Court must, on fixing a date for a preliminary conference or for the hearing of an application, issue a summons for the appearance of the defendant on the date fixed.\n\t(5)\tA summons for the appearance of the defendant must be served on the defendant—\n\t(a)\tpersonally; or\n\t(b)\tin some other manner as may be authorised by the Court.\n7—Preliminary conferences\n\t(1)\tThe purpose of a preliminary conference arising out of an application for a workplace protection order is to—\n\t(a)\tdetermine whether the proceedings for the order may be settled by consent without the need for a full hearing; and\n\t(b)\tensure the application is ready to be heard as soon as practicable.\n\t(2)\tSubject to subsection (3), a preliminary conference—\n\t(a)\tis to be held on a date fixed by the Court under section 6(2); and\n\t(b)\tmay be held by the Court at any other time the Court considers appropriate.\n\t(3)\tThe Court must not hold a preliminary conference if the Court considers, on application or on its own initiative, that—\n\t(a)\tholding a preliminary conference would create an unacceptable risk to a person's safety; or\n\t(b)\ta preliminary conference would be unlikely to achieve its objects.\n\t(4)\tIf a preliminary conference in relation to an application for a workplace protection order is held and a workplace protection order or an interim workplace protection order is not made with the consent of the defendant, the Court must—\n\t(a)\tfix a date for a further preliminary conference which is as soon as practicable after the day of the first conference; or\n\t(b)\tfix a date for a hearing to decide the application for the workplace protection order.\n\t(5)\tIf, at any time during the preliminary conference for an application for a workplace protection order, the Court is satisfied that the application is likely to be more effectively resolved by mediation than by a hearing, the Court may refer the parties to mediation and, for that purpose, may adjourn the preliminary conference until a specified date to allow for mediation to happen.\n8—Interim workplace protection order\n\t(1)\tThe Court may, at any time during proceedings on an application for a workplace protection order, make an interim workplace protection order before the application for the workplace protection order is determined.\n\t(2)\tSubject to this Act, the Court may only make an interim workplace protection order if the Court is satisfied that the order is necessary to do either or both of the following before the application for the workplace protection order is determined:\n\t(a)\tensure the safety of an affected person from personal violence;\n\t(b)\tprevent substantial damage to property at a workplace.\n\t(3)\tAn interim workplace protection order will be subject to the conditions fixed under section 11.\n\t(4)\tAn interim workplace protection order ceases to be in force in relation to a defendant—\n\t(a)\tif the Court makes a workplace protection order in relation to the defendant—when the workplace protection order comes into force against the defendant; or\n\t(b)\tif the Court declines to make a workplace protection order in relation to the defendant—at the conclusion of the proceedings; or\n\t(c)\tif the order ceases to be in force according to its terms; or\n\t(d)\tif the Court revokes the order under section 15.\n9—Workplace protection order\n\t(1)\tSubject to this Act, the Court may, during proceedings on application for a workplace protection order, make a workplace protection order against the defendant if satisfied that the defendant—\n\t(a)\thas engaged in personal violence in relation to a workplace; and\n\t(b)\tmay engage in personal violence in relation to a workplace during the time the order is proposed to operate if the order is not made.\n\t(2)\tIn deciding whether to make a workplace protection order the Court must, subject to this Act, consider the following:\n\t(a)\tthe objects of this Act;\n\t(b)\tany hardship that may be caused to the defendant or anyone else by the making of the order;\n\t(c)\tany previous personal violence by the defendant in relation to an affected person or anyone else;\n\t(d)\tany previous protection order or intervention order made in relation to the defendant;\n\t(e)\tany previous contravention of a protection order or intervention order by the defendant;\n\t(f)\tthe need to ensure that property is protected from damage.\n\t(3)\tThe Court may also consider anything else the Court considers relevant.\n\t(4)\tA failure of the Court to comply with subsection (2) in relation to a workplace protection order does not affect the validity of the order.\n\t(5)\tA workplace protection order may be made in the absence of the defendant if the defendant was required by summons to appear at the hearing of the application and failed to appear in obedience to the summons.\n10—Protection orders by consent\nIf, in proceedings for a workplace protection order, the defendant consents to the making of a workplace protection order or an interim workplace protection order, the Court may make the relevant order against the defendant—\n\t(a)\twithout receiving any further submissions or evidence as to the grounds; and\n\t(b)\twhether or not any ground for making the order has been made out; and\n\t(c)\twhether or not the court has considered any matters required to be taken into account under this Act before the making of the order.\n11—Conditions of protection orders\n\t(1)\tA workplace protection order or an interim workplace protection order is subject to the following conditions:\n\t(a)\tsubject to subsection (5), a condition that any firearm, ammunition or part of a firearm (each within the meaning of the Firearms Act 2015) in the possession of the defendant and any licence or permit held by the defendant authorising possession of a firearm must be surrendered to the Registrar of Firearms; and\n\t(b)\tany other conditions the Court considers necessary taking into account the requirements of this section.\n\t(2)\tIn determining the conditions to be included in a workplace protection order or an interim workplace protection order, the Court must give paramount consideration to the safety and protection of affected persons.\n\t(3)\tThe Court must ensure the conditions included in a workplace protection order or an interim workplace protection order are the least restrictive of the personal rights and liberties of the defendant as possible that still achieve the objects of this Act and give effect to subsection (2).\n\t(4)\tWithout limiting subsection (1)(b), a workplace protection order or an interim workplace protection order may do 1 or more of the following:\n\t(a)\tprohibit the defendant from entering the workplace;\n\t(b)\tprohibit the defendant from being within a particular distance from the workplace;\n\t(c)\tprohibit the defendant from doing anything that is personal violence in relation to the workplace;\n\t(d)\tprohibit the defendant from causing someone else to do anything that is personal violence in relation to the workplace;\n\t(e)\tstate the conditions on which the defendant may—\n\t(i)\tbe in the workplace; or\n\t(ii)\tapproach or contact a particular person.\n\t(5)\tThe Court may omit, vary or revoke a condition of a workplace protection order or an interim workplace protection order imposed under subsection (1)(a) if satisfied that—\n\t(a)\tthere are cogent reasons to do so; and\n\t(b)\tthe possession of the firearm, ammunition or part of a firearm by the defendant does not represent an undue risk to the safety and protection of an affected person.\n\t(6)\tA condition in a workplace protection order or an interim workplace protection order may have effect for a period stated in the order that is shorter than the period of the order.\n12—Commencement of protection order\n\t(1)\tA workplace protection order or an interim workplace protection order comes into force against a defendant when served on the defendant in accordance with this section.\n\t(2)\tFor the purposes of subsection (1), a workplace protection order or an interim workplace protection order is served on a defendant if—\n\t(a)\tthe defendant is present in the Court when the order is made; or\n\t(b)\tthe order is served on the defendant personally; or\n\t(c)\tthe order is served on the defendant in some other manner authorised by the Court.\n13—Explaining order to parties present in court\n\t(1)\tIf the defendant is present in court when the Court makes a workplace protection order or an interim workplace protection order the Court must explain to the defendant, in language likely to be readily understood by the defendant—\n\t(a)\tthe purpose, terms and effect of the order; and\n\t(b)\tthe consequences that may follow if the defendant fails to comply with the order; and\n\t(c)\thow the order may be varied or revoked.\n\t(2)\tIf a protected person is present in court when the Court makes a workplace protection order or an interim workplace protection order, the Court must explain to the protected person, in language likely to be readily understood by the protected person—\n\t(a)\tthe purpose, terms and effect of the order; and\n\t(b)\tthe consequences that may follow if the defendant fails to comply with the order; and\n\t(c)\thow the order may be varied or revoked; and\n\t(d)\tthat, if the protected person aids or abets the defendant to commit an offence against section 16, the protected person may also commit an offence.\n\t(3)\tA failure of the Court to comply with this section in relation to a workplace protection order or an interim workplace protection order does not affect the validity of the order.\n14—Duration of workplace protection order\nOn the making of workplace protection order, the order will remain in force for—\n\t(a)\t12 months; or\n\t(b)\tif a shorter period is stated in the order—the period stated; or\n\t(c)\tif the Court is satisfied that there are special or exceptional circumstances that justify a longer period—the stated longer period.\nNote—\nOn application under section 15 the Court may subsequently extend or reduce the period for which a workplace protection order is in force. \n15—Variation and revocation of protection orders\n\t(1)\tSubject to this section, the Court may, on application made by any of the following persons, vary or revoke a workplace protection order or an interim workplace protection order:\n\t(a)\tthe person who applied for the workplace protection order;\n\t(b)\ta protected person;\n\t(c)\tthe defendant.\n\t(2)\tThe Court may vary an order by—\n\t(a)\tvarying the conditions of the order; or\n\t(b)\treducing the period for which the order is in force; or\n\t(c)\textending the period for which the order is in force.\n\t(3)\tThe Court may only vary or revoke a workplace protection order or an interim workplace protection order if satisfied that—\n\t(a)\tvarying or revoking the order (as the case requires) will not adversely affect the safety of a protected person; and\n\t(b)\tin the case of a variation of the order, the order as varied could be made on application for a workplace protection order.\n\t(4)\tFor the avoidance of doubt, the Court may extend the period for which a workplace protection order is in force such that the overall duration of the order exceeds 12 months without being satisfied that there are special or exceptional circumstances that justify the extension.\n\t(5)\tExcept for the first application to vary or revoke a protection order, a defendant may only make an application under subsection (1) for the variation or revocation of a protection order with the permission of the Court.\n\t(6)\tThe Court may only grant permission under subsection (5) if satisfied that—\n\t(a)\tthere has been a material change in circumstances relating to the defendant or a protected person; or\n\t(b)\tit is in the interests of justice to grant permission.\n16—Offence to contravene protection order\n\t(1)\tA person commits an offence if the person engages in conduct that contravenes a protection order (including a condition of a protection order) applying in relation to the person.\nMaximum penalty: \n\t(a)\tif the offence is not committed in aggravated circumstances—imprisonment for 2 years;\n\t(b)\tif the offence is committed in aggravated circumstances—imprisonment for 5 years.\n\t(2)\tFor the purposes of this section, an offence is committed in aggravated circumstances if the commission of the offence involves personal violence.\n17—Principal Registrar to give notice of protection order\nThe Principal Registrar must, on the making of a workplace protection order or an interim protection order, give a copy of the order to—\n\t(a)\teach party to the proceedings on the application for the order; and\n\t(b)\teach of the following persons who was not a party to the proceedings:\n\t(i)\ta person who is a protected person under the order;\n\t(ii)\tan employer at the workplace; and\n\t(c)\tthe Commissioner of Police; and\n\t(d)\tthe Registrar of Firearms; and\n\t(e)\tany other person specified by the Court to receive a copy of the order.\nPart 3—Miscellaneous\n18—Provision of information by police\n\t(1)\tSubject to this section, the Commissioner of Police may, on request by the Court, provide the Court with any of the following information relating to a defendant in proceedings on an application for a workplace protection order:\n\t(a)\tthe defendant's name and address; and\n\t(b)\tthe defendant's relevant history.\n\t(2)\tSubject to this section, if reasonable grounds to suspect that a person has engaged in personal violence in relation to a workplace exist, the Commissioner of Police may, on application by a person who is entitled to apply for a workplace protection order in relation to the workplace, provide the applicant with any of the following information relating to the person suspected of engaging personal violence:\n\t(a)\tthe person's name and address; and\n\t(b)\tthe person's relevant history (to the extent that it is relevant to an application for a workplace protection order against the person).\n\t(3)\tThe provision of information under this section is subject to a provision of the Young Offenders Act 1993 that prohibits or limits the publication of the information.\n\t(4)\tPersonal information relating to a person other than the person who is the subject of the application must not be provided under subsection (2) unless the provision of the information is required or authorised by the Court or by or under another Act or law.\n\t(5)\tA person who is provided with information under subsection (2)—\n\t(a)\tmay use the information for the purposes of making an application under this Act or proceedings under this Act; and\n\t(b)\tmust not use the information for any other purpose.\nMaximum penalty: $10 000.\n\t(6)\tIn this section—\npersonal information means information or an opinion, whether true or not, relating to a natural person or the affairs of a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion;\nrelevant history, of a person, means any of the following information:\n\t(a)\tconvictions for offences committed by the person in South Australia or elsewhere (whether those convictions relate to offences committed before or after the commencement of this section);\n\t(b)\toffences alleged to have been committed (whether before or after the commencement of this section) by the person in South Australia or elsewhere and with which the person has been charged but which have not yet been finally determined;\n\t(c)\tinformation about any workplace protection order or interim workplace protection order made against the person;\n\t(d)\tinformation about any intervention order made against the person;\n\t(e)\tany other information, or information of a kind, prescribed by the regulations for the purposes of this definition.\n19—Costs\n\t(1)\tSubject to subsection (2), each party to a proceeding for a workplace protection order is responsible for the party's own costs of the proceedings.\n\t(2)\tThe Court may make an order about costs—\n\t(a)\tagainst the applicant for a workplace protection order if the court is satisfied the application was vexatious, frivolous or in bad faith; or\n\t(b)\tagainst the defendant if the court considers it appropriate to do so.\n20—Power to arrest and detain for contravention of protection order\nIf a police officer has reason to suspect that a person has contravened a protection order, the officer may, without warrant, arrest and detain the person.\n21—Burden of proof\nIn proceedings under this Act, the Court is to decide questions of fact on the balance of probabilities.\n22—Consequential and ancillary orders\n\t(1)\tThe Court may, on making or varying a protection order, make any consequential or ancillary order it thinks fit, including, in a case where the protection order prohibits the possession of an article or weapon (including a firearm) or an article or weapon of a specified class, an order—\n\t(a)\tproviding for the surrender or confiscation of the article or weapon or such an article or weapon; and\n\t(b)\tif the circumstances of the case so require, authorising a police officer—\n\t(i)\tto enter and search and, if necessary, use reasonable force to break into or open—\n\t(A)\tpremises or a vehicle in which the article or weapon, or such an article or weapon is suspected to be; or\n\t(B)\tpart of, or anything in or on, premises or a vehicle in which the article or weapon, or such an article or weapon is suspected to be; and\n\t(ii)\tto take possession of the article or weapon, or such an article or weapon.\n\t(2)\tAny firearm, ammunition or part of a firearm surrendered or confiscated under subsection (1) is to be dealt with under the Firearms Act 2015 as if it had been surrendered under that Act.\n\t(3)\tAny other weapons or articles surrendered as required by the terms of a workplace protection order must be dealt with or disposed of as directed by the Court.\n23—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\timpose fines, not exceeding $5 000 for offences against the regulations; and\n\t(d)\tfix expiation fees, not exceeding $315 for alleged offences against the regulations; and\n\t(e)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other specified person or body.\n\t(3)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(4)\tA fee notice may provide for the waiver, reduction or remission of fees.\n24—Review of Act\n\t(1)\tThe Minister must cause a review of the operation of this Act to be conducted and a report on the review to be prepared and submitted to the Minister.\n\t(2)\tThe review and the report must be completed after the third, but before the fourth, anniversary of the commencement of this Act.\n\t(3)\tThe Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\nSchedule 1—Related amendments\nPart 1—Amendment of Youth Court Act 1993\n1—Amendment of section 7—Jurisdiction\nSection 7—after paragraph (ca) insert:\n\t(cb)\thas the same jurisdiction as the Magistrates Court to make a workplace protection order or an interim workplace protection order under the Workplace Protection (Personal Violence) Act 2025 where the person who is to be subject to the order is a child or youth, and has power under that Act to vary or revoke such an order previously made by the Court; and\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2025\n76\nWorkplace Protection (Personal Violence) Act 2025 \n4.12.2025\n4.5.2026 (Gazette 12.2.2026 p244)\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was available for review. The submission contained only a 'Page Not Found' error from the SA legislation website, with no text of the Workplace Protection (Personal Violence) Act 2025 present."},"complexity_factors":["No legislative content was provided — only a website error page was retrieved","Complexity cannot be assessed without actual statutory text","Score of 1 reflects the simplicity of the error message itself, not the underlying Act"],"plain_english_summary":"## ⚠️ No Legislation Content Available\n\nThe document provided does not contain any actual legislative text. Instead, it shows a **\"Page Not Found\" error** from the South Australian legislation website (legislation.sa.gov.au).\n\nWhat was retrieved is a broken webpage — likely caused by an outdated bookmark or hyperlink created before **24 March 2026** that no longer works with the updated website.\n\n### What this means for you:\n- There is **no readable law** in this document to analyse\n- The title *Workplace Protection (Personal Violence) Act 2025* appears in the URL or reference, but **no content from that Act was successfully retrieved**\n- To find the actual legislation, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name\n\n### What to do next:\nIf you need analysis of this Act, please provide the **actual text** of the legislation and resubmit."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act establishes a new, self-contained scheme for workplace protection orders and amends Youth Court jurisdiction to permit equivalent orders for children/youths (Schedule 1). The text does not amend or narrow the Act’s stated objects or core scope; regulatory provisions allow future adjustment of which workplaces and work are covered (s 5; s 23)."},"complexity_factors":["Broad statutory definition of \"personal violence\" including property damage that causes reasonable fear (s 4(1)(a)–(f); s 4(2)(b)).","Multiple, named classes entitled to apply (employer, owner/occupier, employer association rep, health and safety representative, union) creating varied incentives and potential for representative applications (s 6(1)).","Workplace scope relies on \"prescribed work\" and regulatory definitions, enabling exclusion or inclusion of work types by regulation (s 5(1)–(3)).","Layered procedural paths: mandatory preliminary conferences unless risk/inefficacy exceptions, mediation referral, interim orders, consent orders and full hearings (ss 6–10).","Mandatory and discretionary order conditions including firearm/ammunition surrender tied to the Firearms Act and Registrar of Firearms notifications (ss 11(1)(a), 11(5), 17(d), 22(2)).","Criminalisation of contravening orders with tiered maximum penalties (2 years; 5 years if aggravated by personal violence) creating enforcement and custodial implications (s 16).","Police powers for information-sharing and disclosure to applicants (with privacy limits) and arrest without warrant for suspected contraventions (ss 18, 20).","Court power to grant consequential/ancillary orders including search, entry and seizure and authorised use of reasonable force, increasing enforcement complexity (s 22(1)).","Civil standard of proof (balance of probabilities) in proceedings, affecting evidentiary and litigation strategy (s 21).","Costs regime where parties generally bear their own costs but the Court can order costs for vexatious or otherwise appropriate cases (s 19).","Regulation-making and fee-prescribing powers permit the Minister or others to determine key matters, fees, exemptions and procedural details (s 23(2)–(3)).","Extension of jurisdiction to the Youth Court for child/youth respondents, adding parallel youth procedure considerations (Schedule 1).","Statutory review required between the third and fourth anniversary of commencement, creating a defined evaluation point (s 24)."],"plain_english_summary":"This Act creates a court-based scheme that lets employers, occupiers, unions and health-and-safety representatives apply for workplace protection orders to stop personal violence (including physical/sexual violence, threats, stalking, harassment and property damage) at prescribed workplaces; orders can be interim or final, may require firearm surrender and breach is a criminal offence. The Act’s stated objects are to prevent workplace personal violence, protect affected people, encourage perpetrator accountability and favour consensual resolution; it shifts compliance, enforcement and procedural costs to applicants, defendants, police, registrars and courts."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of protecting people from personal violence in workplaces. The scope has not expanded beyond workplace-specific protection orders, though it does incorporate related amendments to the Youth Court Act to ensure comprehensive coverage for child defendants. The definition of 'workplace' is limited to public-facing work, and the applicant pool, while broad (employers, unions, HSRs), is directly tied to workplace safety interests."},"complexity_factors":["24 defined terms in the interpretation section (section 4), including nested definitions for 'personal violence' and 'workplace'","Multiple applicant categories with different standing requirements (section 6)","Conditional logic for preliminary conferences with safety exceptions (sections 6(2), 7(3))","Dual-track procedure: interim orders vs final orders with different evidentiary thresholds (sections 8-9)","Paramount consideration test (safety) balanced against least restrictive means test (section 11(2)-(3))","Nested exceptions for firearm surrender conditions (section 11(5))","Cross-references to Firearms Act 2015, Intervention Orders Act 2009, Work Health and Safety Act 2012, and Fair Work Act","Special jurisdictional provisions for Youth Court (Schedule 1)","Aggravated circumstances sentencing enhancement (section 16)","Information-sharing restrictions with privacy safeguards (section 18)"],"plain_english_summary":"This South Australian law creates a new legal tool called a **workplace protection order** to keep workers safe from violence, threats, harassment, and stalking while on the job.\n\n**What it does:**\n- Allows employers, business owners, health and safety reps, and unions to apply to the Magistrates Court for a court order against someone who is violent or threatening at a workplace.\n- The court can issue **interim orders** (temporary emergency orders) to protect people immediately, and **full orders** that last up to 12 months (or longer in special cases).\n- Orders can ban someone from entering a workplace, coming near it, contacting workers, or possessing firearms.\n- Breaking an order is a criminal offence carrying up to 2 years in prison, or 5 years if violence is involved.\n\n**Who it protects:**\n- Employees, employers, and anyone else at a workplace where \"prescribed work\" happens—mainly jobs involving direct contact with the public (like retail, hospitality, healthcare, or transport). Mobile workplaces like vehicles and vessels are included.\n\n**Key features:**\n- **Preliminary conferences** encourage settling disputes without a full court hearing.\n- **Consent orders** allow defendants to agree to restrictions without admitting guilt.\n- Police can arrest without a warrant for breaches and share relevant criminal history with the court.\n- The Youth Court gets parallel powers to make orders against children and young people.\n\n**Why it matters:**\nWorkplace violence—especially against frontline workers dealing with the public—has become a serious issue. This law gives businesses and workers a faster, civil (non-criminal) pathway to get protection, rather than relying solely on criminal charges or general intervention orders designed mainly for domestic violence."}},"importantCases":[],"_links":{"self":"/api/acts/workplace-protection-personal-violence-act-2025","history":"/api/acts/workplace-protection-personal-violence-act-2025/history","analysis":"/api/acts/workplace-protection-personal-violence-act-2025/analysis","conflicts":"/api/acts/workplace-protection-personal-violence-act-2025/conflicts","importantCases":"/api/acts/workplace-protection-personal-violence-act-2025/important-cases","documents":"/api/acts/workplace-protection-personal-violence-act-2025/documents"}}