Commonwealth Workplace Protection Orders Act 2025

Mechanically, the Commonwealth Workplace Protection Orders Act 2025 creates a federal statutory scheme enabling courts to make workplace protection orders that restrict a person’s presence at, communication with, or conduct toward Commonwealth workers and in Commonwealth workplaces. The Act defines four types of orders: interim orders, urgent interim orders, final orders and consent orders (see Division 1, Part 2, s 12). Authorised persons who may apply to a court are the Chief Executive and Principal Registrar of the High Court and the accountable authority or chief executive officer of a Commonwealth entity, or their delegates (ss 7, 47). The scheme applies to people who carry out work for the Commonwealth in any capacity (employees, contractors and subcontractors, volunteers, labour‑hire assignees, MPs’ staff, apprentices, students on work experience, outworkers) and to any place where such work is ordinarily done or is likely to be done, including mobile and vehicle contexts, but excluding places owned or occupied by a State or Territory court (s 5 definitions; s 6(2)-(3)).

Orders may include any conditions the court considers necessary or desirable to prevent further personal violence and ensure safety (s 25). The Act defines personal violence as conduct that causes, or threatens to cause, harm or a reasonable fear of harm to a Commonwealth worker or an individual at a Commonwealth workplace, where the conduct is because of the worker’s status and interferes with the functioning of the Executive Government of the Commonwealth (s 6(1)). The Act makes contravention of a condition of a workplace protection order a criminal offence with a maximum penalty of two years’ imprisonment or 120 penalty units, or both (s 31(1)) and applies strict liability to the element that an order is in force against the person (s 31(2)).

Procedure details are specified. Interim orders require a related final order application to have been made (s 13); urgent interim orders may be sought by telephone, email or other electronic means without prior final application in urgent circumstances and must be decided as soon as practicable, but they cease after seven days unless a final order application is made (ss 16-18). Final order applications must be served personally on the respondent, include a draft order and an explanation of proposed conditions, and set out alternative arrangements where a proposed condition would prevent access to Commonwealth benefits or communication with an electoral representative (s 19). Courts across federal, Territory and State jurisdictions have power to hear matters under the Act (s 38) and must give reasons for decisions other than consent orders and explain terms to respondents present (s 40). The Act requires immediate practical information flows for enforcement: authorised persons who apply for orders must provide copies or notifications to firearms registries of each State and Territory as soon as practicable when orders are made, varied or revoked (s 44), and disclosure for enforcement purposes is authorised (s 45). The Act binds the Crown, operates extraterritorially, and is intended to sit concurrently with State and Territory laws (ss 8-11). A statutory review of the Act must commence as soon as practicable after the third anniversary of commencement (s 48).

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Commonwealth Coat of Arms of Australia

Commonwealth Workplace Protection Orders Act 2025

No. 52, 2025

An Act to establish a workplace protection orders scheme in relation to Commonwealth workers and Commonwealth workplaces, and for related purposes

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Object

4 Simplified outline of this Act

5 Definitions

6 Meanings of personal violence, affected worker and affected workplace

7 Meaning of authorised person

8 Act binds the Crown

9 Extension to external Territories

10 Extraterritorial operation

11 Concurrent operation of State and Territory laws

Part 2—Commonwealth workplace protection orders

Division 1—Simplified outline of this Part

12 Simplified outline of this Part

Division 2—Making Commonwealth workplace protection orders

Subdivision A—Interim orders

13 Applying for an interim order

14 Court may make an interim order

15 When an interim order is in force

Subdivision B—Urgent interim orders

16 Applying for an urgent interim order

17 Court may make an urgent interim order

18 When an urgent interim order is in force

Subdivision C—Final orders

19 Applying for a final order

20 Court may make a final order

21 When a final order is in force

Subdivision D—Consent orders

22 Making a consent order

23 When a consent order is in force

Division 3—Content of Commonwealth workplace protection orders

24 Terms of a Commonwealth workplace protection order

25 Conditions of a Commonwealth workplace protection order

Division 4—Varying or revoking Commonwealth workplace protection orders

26 Applying for variation or revocation of a Commonwealth workplace protection order

27 Requirement to apply for revocation if grounds no longer exist

28 Court may vary or revoke a Commonwealth workplace protection order

29 Court must revoke a Commonwealth workplace protection order if grounds no longer exist

30 When a variation or revocation takes effect

Division 5—Offences

31 Offence for contravening a Commonwealth workplace protection order

Division 6—Other matters relating to the making of Commonwealth workplace protection orders

32 Persons under 14

33 Representative and joint applications

34 Proceedings may be heard together

35 Matters not to affect court’s power to make Commonwealth workplace protection orders

36 Other orders not affected by a Commonwealth workplace protection order etc.

Part 3—Other matters relating to Commonwealth workplace protection orders

Division 1—Simplified outline of this Part

37 Simplified outline of this Part

Division 2—Jurisdiction and other matters relating to court proceedings

38 Jurisdiction

39 Right of appeal from final order decisions of certain State or Territory courts

40 Court must explain orders and give reasons for decisions

41 Names of affected workers not to be published

42 Standard of proof

43 Costs

Division 3—Information management

Subdivision A—Information sharing

44 Information about Commonwealth workplace protection orders to be given to firearms registries

Subdivision B—Disclosure etc. of information

45 Use and disclosure of certain information for enforcement purposes

Part 4—Miscellaneous

46 Simplified outline of this Part

47 Delegation by authorised persons

48 Review of operation of this Act

Commonwealth Coat of Arms of Australia

Commonwealth Workplace Protection Orders Act 2025

No. 52, 2025

An Act to establish a workplace protection orders scheme in relation to Commonwealth workers and Commonwealth workplaces, and for related purposes

[Assented to 4 November 2025]

The Parliament of Australia enacts:

Part 1—Preliminary

1 Short title

This Act is the Commonwealth Workplace Protection Orders Act 2025.

2 Commencement

(1) 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.

Commencement information
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.

Note: 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.

(2) 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.

3 Object

The object of this Act is:

(a) to protect Commonwealth workers and persons in Commonwealth workplaces from harm and threats of harm; and

(b) to ensure that services delivered by the Commonwealth can be accessed by the public in a safe environment; and

4 Simplified outline of this Act

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:

(a) the Chief Executive and Principal Registrar of the High Court;

(b) 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.

5 Definitions

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) a person that carries out work in any capacity for a Commonwealth entity or the High Court, including work as:

(i) an employee; or

(ii) a contractor or subcontractor; or

(iii) an employee of a contractor or subcontractor; or

(iv) an employee of a labour hire company who has been assigned to carry out work for a Commonwealth entity or the High Court; or

(v) an outworker; or

(vi) an apprentice or trainee; or

(vii) a student gaining work experience; or

(viii) a volunteer; or

(b) 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:

(a) any place where a Commonwealth worker ordinarily goes while carrying out work as a Commonwealth worker; and

(b) 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:

(a) an interim order; or

(b) an urgent interim order; or

(d) 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:

(a) 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

(b) 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) a vehicle, vessel, aircraft or other mobile structure; and

(b) an area of water; and

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.

6 Meanings of personal violence, affected worker and affected workplace

(1) A person engages in personal violence if:

(a) the person engages, or makes a threat to engage, in conduct that directly or indirectly causes harm or a reasonable fear of harm to:

(i) a Commonwealth worker; or

(ii) an individual at a Commonwealth workplace; and

(b) 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

(c) the conduct or threat directly or indirectly interferes with the functioning of the Executive Government of the Commonwealth.

Note: For example, conduct or a threat may interfere with the functioning of the Executive Government of the Commonwealth if it interferes with:

(a) the ability of a Commonwealth worker to perform their functions or duties as a Commonwealth worker; or

(b) the performance of functions or exercise of powers of the Commonwealth; or

(2) The Commonwealth worker is the affected worker in relation to the personal violence.

(3) The Commonwealth workplace is the affected workplace in relation to the personal violence.

Conduct causing harm

(4) For the purposes of subsection (1), a person’s conduct is taken to cause harm if it substantially contributes to harm.

Threats

(5) For the purposes of subsection (1), a threat may be:

(a) express or implied; or

(b) conditional or unconditional.

7 Meaning of authorised person

Each of the following is an authorised person:

(a) the Chief Executive and Principal Registrar of the High Court;

(b) if the accountable authority of a Commonwealth entity is a single person—that person;

(c) 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.

8 Act binds the Crown

This Act binds the Crown in each of its capacities.

9 Extension to external Territories

This Act extends to every external Territory.

10 Extraterritorial operation

This Act extends to acts, omissions, matters and things outside Australia.

11 Concurrent operation of State and Territory laws

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.

Part 2—Commonwealth workplace protection orders

Division 1—Simplified outline of this Part

12 Simplified outline of this Part

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:

(a) the Chief Executive and Principal Registrar of the High Court;

(b) 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.

Division 2—Making Commonwealth workplace protection orders

Subdivision A—Interim orders

13 Applying for an interim order

(1) An authorised person may apply to a court for an interim order if:

(a) the authorised person has made an application (the related application) for a final order against the respondent under section 19; and

(b) the related application has not been finally determined; and

(i) the respondent has engaged in personal violence; and

(ii) there is a real risk that the respondent will engage in further personal violence if the interim order is not made; and

(iii) the interim order is necessary or desirable to prevent the respondent from engaging in further personal violence before the related application is finally determined.

(2) The application may be included in the related application.

(3) The application must, subject to the rules of the court (if any), include:

(a) all that is required under paragraphs 19(2)(a) to (f) in respect of an application for a final order; and

(b) if the application is included in the related application—a statement to that effect.

14 Court may make an interim order

(1) A court may make an interim order if:

(a) an application for the order is made under section 13; and

(b) the court is satisfied that:

(i) the respondent has engaged in personal violence; and

(ii) there is a real risk that the respondent will engage in further personal violence if the order is not made; and

(iii) the order is necessary or desirable to prevent the respondent from engaging in further personal violence before the related application is finally determined.

Note: Division 3 contains rules relating to the content of a Commonwealth workplace protection order.

(2) The court may make the order at any time before the related application is finally determined.

(3) This section does not prevent the court from making more than one interim order against the respondent before the related application is finally determined.

Note: For example, if an interim order ceases to be in force under section 15 and the related application has not been finally determined, the court may make another interim order in accordance with this Subdivision.

15 When an interim order is in force

(1) An interim order comes into force:

(a) if the respondent is present at the making of the order—at the time the order is made; or

(b) if the respondent is not present at the making of the order—at the time the order is served personally on the respondent.

(2) An interim order ceases to be in force at:

(a) the end of the period specified in the interim order, which must be no longer than 12 months; or

(b) if the period for which the interim order is in force is varied under Division 4—the end of that period as varied; or

(d) if the related application is withdrawn or dismissed—the time the application is withdrawn or dismissed; or

(e) if the court decides on the related application not to make the final order—the time the decision is made; or

(f) if the court decides on the related application to make the final order—the time the final order comes into force.

Subdivision B—Urgent interim orders

16 Applying for an urgent interim order

(1) An authorised person may apply to a court, by telephone, fax, email or other electronic means, for an urgent interim order if:

(a) the authorised person is satisfied that:

(i) the respondent has engaged in personal violence; and

(ii) there is a real risk that the respondent will engage in further personal violence if the order is not made; and

(iii) the order is necessary or desirable to prevent the respondent from engaging in further personal violence before an application for a final order against the respondent can be made and finally determined; and

(b) the authorised person considers it necessary to use such means because of urgent circumstances.

(2) The application must, subject to the rules of the court (if any), include:

(a) all that is required under paragraphs 19(2)(a) and (b) in respect of an application for a final order; and

(b) an explanation of the urgent circumstances.

17 Court may make an urgent interim order

(1) A court may make an urgent interim order if:

(a) an application for the urgent interim order is made under section 16; and

(b) the court is satisfied that:

(i) the respondent has engaged in personal violence; and

(ii) there is a real risk that the respondent will engage in further personal violence if the urgent interim order is not made; and

(iii) the urgent interim order is necessary or desirable to prevent the respondent from engaging in further personal violence before an application for a final order against the respondent can be made and finally determined; and

(iv) having regard to the need to make the urgent interim order urgently, it is appropriate to make the order without the application including all that would be required under subsection 13(3) in respect of an application for an interim order.

Note: Division 3 contains rules relating to the content of a Commonwealth workplace protection order.

(2) The court must decide whether to make the urgent interim order as soon as practicable after the application is made.

(3) Before deciding whether to make the urgent interim order, the court may order the applicant to cause specified information to be produced to the court.

(4) If the court makes the urgent interim order, the court must inform the applicant, by telephone, fax, email or other electronic means, of:

(a) the terms of the urgent interim order; and

(b) the day on which, and the time at which, it was made; and

(c) the fact that, if an application for a final order against the respondent is not made within the period of 7 days after the urgent interim order is made, the urgent interim order ceases to be in force at the end of that period.

18 When an urgent interim order is in force

(1) An urgent interim order comes into force at the time the order is served personally on the respondent.

(2) An urgent interim order ceases to be in force at:

(a) if an application for a final order against the respondent is not made within the period of 7 days after the urgent interim order is made—the end of that period; or

(b) if an application for a final order against the respondent is made within the period of 7 days after the urgent interim order is made:

(i) the end of the period specified in the urgent interim order, which must be no longer than 12 months; or

(ii) if the period for which the urgent interim order is in force is varied under Division 4—the end of that period as varied; or

(iii) if the urgent interim order is revoked under Division 4—the time the revocation takes effect; or

(iv) if the application for the final order is withdrawn or dismissed—the time the application is withdrawn or dismissed; or

(v) if the court decides not to make the final order—the time the decision is made; or

(vi) if the court decides to make the final order—the time the final order comes into force.

Subdivision C—Final orders

19 Applying for a final order

(1) An authorised person may apply to a court for a final order if the authorised person is satisfied that:

(a) the respondent has engaged in personal violence; and

(b) there is a real risk that the respondent will engage in further personal violence if the order is not made.

(2) The application must, subject to the rules of the court (if any):

(a) include:

(i) a draft of the order being sought; and

(ii) an explanation as to why each of the proposed conditions should be imposed on the respondent; and

(iii) a statement of the facts relating to why the order should be made; and

(iv) a summary of the grounds on which the order should be made; and

(b) include information about:

(i) if a condition proposed to be imposed on the respondent by the order would prevent the respondent from accessing or obtaining benefits or services provided by the Commonwealth—alternative procedures or arrangements for how the respondent may access or obtain those benefits or services; and

(ii) if a condition proposed to be imposed on the respondent by the order would prevent the respondent from contacting their electoral representative or otherwise engaging in political communication—alternative procedures or arrangements for how the respondent may do those things; and

(d) specify whether, to the extent known to the applicant, the alleged personal violence has been, is or will be the subject of any civil or criminal proceedings; and

(e) specify whether, to the extent known to the applicant, the respondent is licensed or otherwise authorised to use a firearm, or is in possession of a firearm; and

(f) include any other information relevant to the matters mentioned in subsection 25(3); and

(g) if an application under section 13 (interim orders) is included in the application—include a statement to that effect.

20 Court may make a final order

A court may make a final order if:

(a) an application for the order is made under section 19; and

(b) the application has been served personally on the respondent; and

(i) the respondent has engaged in personal violence; and

(ii) there is a real risk that the respondent will engage in further personal violence if the order is not made; and

(iii) the order is necessary or desirable to prevent the respondent from engaging in further personal violence.

Note 1: Division 3 contains rules relating to the content of a Commonwealth workplace protection order.

Note 2: The court may also make a final order with the consent of the parties (see Subdivision D).

21 When a final order is in force

(1) A final order comes into force:

(a) if the respondent is present at the making of the order—at the time the order is made; or

(b) if the respondent is not present at the making of the order—at the time the order is served personally on the respondent.

(2) A final order ceases to be in force at:

(a) the end of the period specified in the order, which must be no longer than 2 years; or

(b) if the period for which the order is in force is varied under Division 4—the end of that period as varied; or

Subdivision D—Consent orders

22 Making a consent order

(1) A court may make a consent order if:

(a) an application for a final order against the respondent is made under section 19; and

(b) the parties to the proceeding consent to the terms of the order; and

(c) if the court considers that the respondent has impaired decision‑making ability—the respondent is represented by one or more of the following:

(i) a person enrolled as a legal practitioner of a federal court or the Supreme Court of a State or Territory;

(ii) a person who, under the rules of the court, is a litigation guardian of the respondent;

(iii) if the respondent is 14 to 17 years of age—a parent or guardian of the respondent.

(2) The court may make the consent order:

(a) without proof or admission that the respondent has engaged in personal violence; and

(b) whether or not the court is satisfied of the matters mentioned in paragraph 20(c); and

(c) whether or not the court considers that the conditions imposed on the respondent by the order are necessary or desirable as mentioned in subsection 25(1).

Court may adjourn proceeding

(3) If:

(a) the court considers that the respondent has impaired decision‑making ability; and

(b) the respondent is not represented by a person mentioned in paragraph (1)(c);

the court may, subject to the rules of the court (if any), adjourn the proceeding until the respondent is so represented.

Meaning of impaired decision‑making ability

(4) A person who is a party to a proceeding under this Act has impaired decision‑making ability if the person:

(a) cannot make decisions in relation to the proceeding; or

(b) does not understand the nature and effect of the decisions the person makes in relation to the proceeding.

(5) However, a person does not have impaired decision‑making ability only because the person is under 18 years of age.

23 When a consent order is in force

(1) A consent order comes into force:

(a) if the respondent is present at the making of the order—at the time the order is made; or

(b) if the respondent is not present at the making of the order—at the time the order is served personally on the respondent.

(2) A consent order ceases to be in force at:

(a) the end of the period specified in the order, which must be no longer than 2 years; or

(b) if the period for which the order is in force is varied under Division 4—the end of that period as varied; or

Division 3—Content of Commonwealth workplace protection orders

24 Terms of a Commonwealth workplace protection order

(1) If a court makes a Commonwealth workplace protection order, the order must, subject to subsection (2):

(a) specify the name of the respondent; and

(b) specify all of the conditions that are to be imposed, in accordance with section 25, on the respondent by the order; and

(c) if a condition imposed on the respondent by the order would prevent the respondent from accessing or obtaining benefits or services provided by the Commonwealth—specify alternative procedures or arrangements for how the respondent may access or obtain those benefits or services; and

(d) if a condition imposed on the respondent by the order would prevent the respondent from contacting their electoral representative or otherwise engaging in political communication—specify alternative procedures or arrangements for how the respondent may do those things; and

(e) specify the period for which the order is in force; and

(f) set out a summary of the grounds on which the order is made.

(2) The order must not include information that identifies, or is likely to enable the identification of, a person other than the respondent unless:

(a) the applicant for the order agrees to the information being included; or

(b) the court is satisfied that the information is already known to the respondent; or

(3) If paragraph (2)(a) or (b) applies, the order may include the information only to the extent that the court considers necessary to enable compliance with the order.

25 Conditions of a Commonwealth workplace protection order

(1) A court may impose, by a Commonwealth workplace protection order, any conditions on the respondent that the court considers necessary or desirable to:

(a) prevent the respondent from engaging in further personal violence; and

(b) ensure the safety of a Commonwealth worker or of individuals present at a Commonwealth workplace.

(2) Without limiting subsection (1), the conditions may relate to any of the following:

(a) that the respondent not be present at, or within a specified distance of, a specified Commonwealth workplace;

(b) the circumstances in which the respondent may be present at, or within a specified distance of, a specified Commonwealth workplace;

(i) a specified Commonwealth worker; or

(ii) a specified class of Commonwealth workers;

(d) the circumstances in which the respondent may communicate or associate with:

(i) a specified Commonwealth worker; or

(ii) a specified class of Commonwealth workers;

(e) that the respondent not engage in, or cause another person to engage in, further personal violence;

(f) that the respondent not damage, or cause another person to damage, property in a specified Commonwealth workplace.

(3) In deciding whether a condition is necessary or desirable as mentioned in subsection (1), the court must consider the following matters:

(a) the objects of this Act;

(b) any hardship that is likely to be caused to any person by the condition;

(d) any previous personal violence engaged in by the respondent;

(e) any other Commonwealth workplace protection orders made against the respondent;

(f) any protective orders in force against the respondent;

(g) any contravention by the respondent of a Commonwealth workplace protection order or protective order made against the respondent;

(h) whether the condition achieves the objects of this Act while minimising restrictions on the rights and liberties of the respondent;

(i) any other matters that the court considers relevant.

Division 4—Varying or revoking Commonwealth workplace protection orders

26 Applying for variation or revocation of a Commonwealth workplace protection order

(1) The following may apply to a court for a Commonwealth workplace protection order to be varied or revoked:

(a) the respondent;

(b) an authorised person.

(2) The application must, subject to the rules of the court (if any), include:

(a) information relevant to the matters mentioned in subsection 28(4); and

(b) if the application is for a variation that would prevent the respondent from accessing or obtaining benefits or services provided by the Commonwealth—information about alternative procedures or arrangements for how the respondent may access or obtain those benefits or services; and

(c) if the application is for a variation that would prevent the respondent from contacting their electoral representative or otherwise engaging in political communication—information about alternative procedures or arrangements for how the respondent may do those things.

27 Requirement to apply for revocation if grounds no longer exist

(1) An authorised person must apply to a court for a Commonwealth workplace protection order to be revoked if the authorised person is satisfied that the grounds on which the order was made no longer exist.

(2) The application must, subject to the rules of the court (if any), include an explanation of why the grounds on which the order was made no longer exist.

28 Court may vary or revoke a Commonwealth workplace protection order

(1) A court may vary or revoke a Commonwealth workplace protection order if:

(a) an application for the variation or revocation is made under section 26; and

(b) if the application is made by the respondent—the application has been served on the authorised person who applied for the order; and

(2) The court may vary the order by:

(a) varying the conditions in the order; or

(b) reducing the period for which the order is in force; or

(c) extending the period for which the order is in force, to a period of no more than 2 years after the order came into force.

(3) If the court varies the conditions in the order, the order as varied must:

(a) if the variation would prevent the respondent from accessing or obtaining benefits or services provided by the Commonwealth—specify alternative procedures or arrangements for how the respondent may access or obtain those benefits or services; and

(b) if the variation would prevent the respondent from contacting their electoral representative or otherwise engaging in political communication—specify alternative procedures or arrangements for how the respondent may do those things.

(4) In deciding whether to vary or revoke the order, the court must have regard to the following matters:

(a) the objects of this Act;

(b) the grounds on which the order was made;

(d) any change in the circumstances of the respondent;

(e) any change in the circumstances of an affected worker or affected workplace in relation to the personal violence in respect of which the order was made;

(f) any hardship that is likely to be caused to any person by the variation or revocation;

(g) any harm that is likely to be caused to any person if the order is varied or revoked;

(h) whether there is a real risk that the respondent will engage in further personal violence if the order is not varied, or is varied or revoked;

(i) if the order is varied—whether the variation achieves the objects of this Act while minimising restrictions on the rights and liberties of the respondent;

(j) any other matters that the court considers relevant.

29 Court must revoke a Commonwealth workplace protection order if grounds no longer exist

A court must revoke a Commonwealth workplace protection order if:

(a) an application for a variation or revocation of the order is made under section 26 or 27; and

(b) the court is satisfied that the grounds on which the order was made no longer exist.

30 When a variation or revocation takes effect

Variation

(1) If a court decides to vary a Commonwealth workplace protection order, the variation takes effect:

(a) if the respondent is present at the making of the decision—at the time the decision is made; or

(b) if the respondent is not present at the making of the decision—at the time the order as varied is served personally on the respondent.

Revocation

(2) If a court decides to revoke a Commonwealth workplace protection order, the revocation takes effect at the time the decision is made.

Division 5—Offences

31 Offence for contravening a Commonwealth workplace protection order

Offence

(1) A person commits an offence if:

(a) a Commonwealth workplace protection order is in force against the person; and

(b) the person engages in conduct; and

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(2) Strict liability applies to paragraph (1)(a).

Geographical jurisdiction

(3) Section 15.3 of the Criminal Code (extended geographical jurisdiction—category C) applies to an offence against subsection (1).

Division 6—Other matters relating to the making of Commonwealth workplace protection orders

32 Persons under 14

A Commonwealth workplace protection order cannot be made against a person who is under 14 years of age.

33 Representative and joint applications

An application under this Part may be made:

(a) by an authorised person:

(i) on that person’s own behalf; or

(ii) on behalf of that person and one or more other authorised persons; or

(b) by 2 or more authorised persons:

(i) on their own behalf; or

(ii) on behalf of themselves and one or more other authorised persons.

34 Proceedings may be heard together

A court may direct that 2 or more proceedings under this Part are to be heard together.

35 Matters not to affect court’s power to make Commonwealth workplace protection orders

The following matters do not affect the power of a court to make, vary or revoke a Commonwealth workplace protection order:

(a) the respondent has been charged with, or convicted or found guilty of, an offence that is constituted by the same or similar conduct as the personal violence in respect of which the application for the order was made;

(b) another Commonwealth workplace protection order is in force against the respondent;

36 Other orders not affected by a Commonwealth workplace protection order etc.

The fact that a Commonwealth workplace protection order is in force does not:

(a) prevent another Commonwealth workplace protection order from being applied for, or made, against the respondent; or

(b) affect the operation of another Commonwealth workplace protection order that is in force against the respondent; or

(d) affect the operation of a protective order that is in force against the respondent.

Part 3—Other matters relating to Commonwealth workplace protection orders

Division 1—Simplified outline of this Part

37 Simplified outline of this Part

Matters relating to Commonwealth workplace protection orders may be dealt with in the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) and all State and Territory courts. A court of a State may deal with the matter even if the personal violence occurred in a different State or in a Territory.

This Part also provides for appeals from decisions made by certain State or Territory courts that relate to making, varying or revoking a final order.

A court must give reasons for a decision to make, vary or revoke a Commonwealth workplace protection order (other than a consent order), and must explain the terms of the order as made or varied to the respondent if the respondent is present.

A court must not publish the names of any Commonwealth workers affected by the personal violence in respect of which a Commonwealth workplace protection order is made.

Information about the making, variation or revocation of a Commonwealth workplace protection order must be shared with the firearms registries of each State and Territory. The use and disclosure of certain information for enforcement purposes is also authorised.

Division 2—Jurisdiction and other matters relating to court proceedings

38 Jurisdiction

Federal and State courts

(1) Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in relation to civil matters arising under this Act.

Note: In addition, State courts have jurisdiction in relation to civil and criminal matters arising under this Act (see subsections 39(2) and 68(2) of the Judiciary Act 1903), and the Federal Court of Australia has jurisdiction in relation to civil matters arising under this Act (see paragraph 39B(1A)(c) of the Judiciary Act 1903).

(2) A provision of the Judiciary Act 1903 by which a court of a State is invested with federal jurisdiction has effect, in relation to matters arising under this Act, as if that jurisdiction were so invested without limitation as to locality (other than the limitation imposed by section 80 of the Constitution).

(3) Each Local Court or Magistrates Court of a State has jurisdiction, to the extent that that jurisdiction is not otherwise invested with the Court by subsection 39(2) of the Judiciary Act 1903, to hear and determine applications made to the Court under Division 2 or 4 of Part 2 of this Act.

Territory courts

(4) To the extent that the Constitution permits, jurisdiction is conferred on the courts of the Territories in relation to civil matters arising under this Act.

39 Right of appeal from final order decisions of certain State or Territory courts

(1) An appeal lies from a final order decision of a court in accordance with the following table.

Right of appeal from final order decisions of certain State or Territory courts
Item Column 1If the final order decision was made by … Column 2an appeal lies from the decision to …
1 the Local Court of New South Wales the Supreme Court of New South Wales
2 the Magistrates’ Court of Victoria the Supreme Court of Victoria
3 the Magistrates Court of Queensland the District Court of Queensland
4 the Magistrates Court of Western Australia the District Court of Western Australia
5 the Magistrates Court of South Australia the Supreme Court of South Australia
6 the Magistrates Court of Tasmania the Supreme Court of Tasmania
7 the Magistrates Court of the Australian Capital Territory the Supreme Court of the Australian Capital Territory
8 the Local Court of the Northern Territory the Supreme Court of the Northern Territory

(2) Each of the following is a final order decision:

(a) a decision on an application for a final order;

(b) a decision on an application to vary a final order;

(3) With respect to matters arising under this Act in respect of which appeals are instituted under this section:

(a) a court mentioned in column 2 of the table in subsection (1) that is a court of a State is invested with federal jurisdiction; and

(b) jurisdiction is conferred on a court mentioned in column 2 of that table that is a court of a Territory.

(4) An appeal under this section to a court must be instituted within the time prescribed by the rules of the court.

Relationship with existing rights etc.

(5) Nothing in this section is intended to limit or affect:

(a) any other right of appeal that exists apart from this section; or

(b) any jurisdiction conferred on or invested in a court apart from this section.

40 Court must explain orders and give reasons for decisions

Reasons for decision

(1) A court must give reasons for a decision to make, vary or revoke a Commonwealth workplace protection order (other than a consent order) as soon as practicable after making the decision.

Explanation of order

(2) If:

(a) a court makes or varies a Commonwealth workplace protection order; and

(b) the respondent is present at the making or variation of the order;

the court must explain to the respondent, in language likely to be readily understood by the respondent:

(d) the consequences that may follow if the respondent contravenes a condition of the order; and

(e) how the order may be varied, further varied or revoked.

Validity not affected

(3) A failure to comply with this section does not affect the validity of:

(a) a Commonwealth workplace protection order; or

(b) a variation or revocation of a Commonwealth workplace protection order.

41 Names of affected workers not to be published

(1) This section applies to a proceeding before a court that relates to:

(a) an application for a Commonwealth workplace protection order in respect of personal violence engaged in by the respondent; or

(b) an application for such an order to be varied or revoked.

(2) The court must not publish (in electronic form or otherwise), in relation to the proceeding, the name of any affected worker.

42 Standard of proof

The standard of proof to be applied in determining matters in proceedings under this Act (other than Division 5 of Part 2) is proof on the balance of probabilities.

43 Costs

(1) Subject to subsection (2), each party to a proceeding before a court under this Act (other than Division 5 of Part 2) must bear the party’s own costs.

(2) If the court is satisfied that there are circumstances that justify doing so, the court may, subject to the rules of that court (if any), make any order for costs and security for costs that the court considers just, whether by way of interlocutory order or otherwise.

Division 3—Information management

Subdivision A—Information sharing

44 Information about Commonwealth workplace protection orders to be given to firearms registries

(1) The authorised person who applies for a Commonwealth workplace protection order must:

(a) if the order is made—give a copy of the order to the firearms registry (however described) of each State and Territory; and

(b) if the order is varied—give a copy of the order, as varied, to the firearms registry (however described) of each State and Territory; and

(c) if the order is revoked—notify the firearms registry (however described) of each State and Territory of the revocation.

(2) The authorised person must do so as soon as practicable after the order is made, varied or revoked (as the case requires).

Subdivision B—Disclosure etc. of information

45 Use and disclosure of certain information for enforcement purposes

(1) A person may disclose workplace protection order information to an enforcement body if the person reasonably believes that the disclosure is reasonably necessary for, or directly related to, one or more enforcement related activities being conducted by, or on behalf of, that enforcement body.

(2) An enforcement body to which information is disclosed under subsection (1) may use or disclose the information for the purposes of one or more enforcement related activities being conducted by, or on behalf of, that enforcement body.

(3) In this section:

enforcement body means:

(a) the Australian Federal Police; or

(b) the Office of the Director of Public Prosecutions, or a similar body established under a law of a State or Territory; or

enforcement related activity means:

(a) the prevention, detection, investigation, prosecution or punishment of:

(i) criminal offences; or

(ii) breaches of a law imposing a penalty or sanction; or

(b) the preparation for, conduct of, or implementation of an order, direction or other instrument made in, proceedings before any court relating to a matter mentioned in paragraph (a).

workplace protection order information means information the disclosure of which could reveal, or enable a person to ascertain, the existence of, or a fact relating to the content of:

(a) a Commonwealth workplace protection order; or

(b) an application to make, vary or revoke a Commonwealth workplace protection order.

Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.

Part 4—Miscellaneous

46 Simplified outline of this Part

An authorised person may delegate their functions or powers under this Act to a person holding, or acting in, an office or position that is equivalent to an SES employee.

A review of the operation and effectiveness of this Act must commence as soon as practicable after the third anniversary of the commencement of this Act.

47 Delegation by authorised persons

(1) An authorised person may, in writing, delegate all or any of their functions or powers under this Act to:

(a) if the authorised person is the Chief Executive and Principal Registrar of the High Court—an officer or employee of the Court who holds, or is acting in, an office or position that is equivalent to an SES employee; and

(b) if the authorised person is the accountable authority or chief executive officer (however described) of a Commonwealth entity:

(i) an SES employee or acting SES employee of the entity; or

(ii) a member of the staff of the entity who holds, or is acting in, an office or position that is equivalent to an SES employee.

Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the authorised person.

48 Review of operation of this Act

(1) The Minister must cause a review of the operation and effectiveness of this Act to be conducted as soon as practicable after the third anniversary of the commencement of this Act.

(2) Without limiting subsection (1), the review must include consideration of:

(a) whether the operation of some or all of the provisions of this Act should continue; and

(b) whether amendments to this Act, including to expand the scope of this Act, are necessary or desirable to improve the operation of this Act.

(3) The persons conducting the review must give a written report of the review to the Minister.

(4) The Minister must:

(a) omit from the report any information that is personal information (within the meaning of the Privacy Act 1988); and

(b) cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after receiving the report.

[Minister’s second reading speech made in—

House of Representatives on 31 July 2025

Senate on 1 September 2025]

(48/25)

meta-content-style-type: text/css meta-content-type: application/xhtml+xml; charset=utf-8

Commonwealth Workplace Protection Orders Act 2025

No. 52, 2025

An Act to establish a workplace protection orders scheme in relation to Commonwealth workers and Commonwealth workplaces, and for related purposes

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Object

4 Simplified outline of this Act

5 Definitions

6 Meanings of personal violence, affected worker and affected workplace

7 Meaning of authorised person

8 Act binds the Crown

9 Extension to external Territories

10 Extraterritorial operation

11 Concurrent operation of State and Territory laws

Part 2—Commonwealth workplace protection orders

Division 1—Simplified outline of this Part

12 Simplified outline of this Part

Division 2—Making Commonwealth workplace protection orders

Subdivision A—Interim orders

13 Applying for an interim order

14 Court may make an interim order

15 When an interim order is in force

Subdivision B—Urgent interim orders

16 Applying for an urgent interim order

17 Court may make an urgent interim order

18 When an urgent interim order is in force

Subdivision C—Final orders

19 Applying for a final order

20 Court may make a final order

21 When a final order is in force

Subdivision D—Consent orders

22 Making a consent order

23 When a consent order is in force

Division 3—Content of Commonwealth workplace protection orders

24 Terms of a Commonwealth workplace protection order

25 Conditions of a Commonwealth workplace protection order

Division 4—Varying or revoking Commonwealth workplace protection orders

The Act’s operative concepts are statutory definitions that determine scope, standing and evidential thresholds. The key definitional and conceptual nodes are: personal violence, Commonwealth worker, Commonwealth workplace, authorised person, and the four order types.

Personal violence is defined by three conjunctive elements. First, the respondent must engage in conduct or make a threat that causes, or causes a reasonable fear of, harm to a Commonwealth worker or to an individual at a Commonwealth workplace (s 6(1)(a)). Second, where the target is a Commonwealth worker the conduct must be because of the person’s status as a Commonwealth worker (s 6(1)(b)). Third, the conduct or threat must directly or indirectly interfere with the functioning of the Executive Government of the Commonwealth (s 6(1)(c)). The Act illuminates what interference may mean by way of note: interference with a worker’s ability to perform duties, with Commonwealth functions or powers, or with the ability of people to access Commonwealth services safely (s 6 note). For causation, conduct that “substantially contributes to harm” is treated as causing harm (s 6(4)). Threats may be express, implied, conditional or unconditional (s 6(5)).

Commonwealth worker is broadly drawn and expressly includes contractors, subcontractors, employees of contractors, labour‑hire assignees, volunteers, apprentices, trainees, students gaining work experience, and persons employed under the Members of Parliament (Staff) Act 1984 (s 5, definition of Commonwealth worker). Commonwealth workplace covers any place where such work is carried out or where the worker ordinarily or is likely to be, and specifically includes vehicles and mobile service contexts, but excludes places owned or occupied by a State or Territory court (s 5, Commonwealth workplace definition; note also s 6(3)).

Authorised persons who may initiate the process are narrow in identity but broad in institutional reach: the Chief Executive and Principal Registrar of the High Court and accountable authorities or chief executives of Commonwealth entities (s 7). Delegation is permitted but limited to those holding or acting in SES‑equivalent positions within the entity or Court, and delegates must follow written directions (s 47).

Orders are structured in four modalities. Interim orders may be applied for only where a related final order application has been made and are designed to run until the final application is determined, with a maximum period of 12 months unless varied (ss 13-15). Urgent interim orders may be sought without a pending final application in urgent circumstances, by electronic means, and must be decided urgently, but they cease after seven days unless a final order application is commenced within that period; if a court makes such an order it must notify the applicant of the terms and timing (ss 16-18). Final orders require personal service of the application and allow the court to impose any conditions necessary or desirable to prevent further personal violence, for a period of up to two years (ss 19-21). Consent orders may be made with the parties’ agreement and may be made without proof or admission and without satisfaction of the usual judicial thresholds; where the respondent has impaired decision‑making ability the court must ensure appropriate representation or adjourn to obtain representation (s 22).

Content rules constrain orders. Orders must specify respondent name, set out conditions, specify alternative arrangements where conditions would block access to Commonwealth benefits or electoral communication, set period in force and a summary of grounds (s 24). The court must consider a non‑exhaustive list of matters when deciding conditions, including the Act’s objects, likely hardship, previous personal violence, other orders in force, contraventions and minimising restrictions on rights and liberties of the respondent (s 25(3)).

Enforcement and information flows are embedded. Contravention of a condition is a criminal offence with a prescribed maximum penalty and strict liability applies to the existence of an order in force (s 31). Authorised persons must give copies of orders to State and Territory firearms registries as soon as practicable when orders are made, varied or revoked (s 44). Disclosure and use of workplace protection order information is expressly authorised for enforcement bodies for enforcement activities (s 45), and the Act notes that the authorisation functions in relation to the Privacy Act 1988 (s 45 note).

Procedural standards and limits: the standard of proof for matters under the Act (other than contravention offences) is balance of probabilities (s 42); the court must give reasons for non‑consent decisions and explain orders to respondents present (s 40). The Act is drafted to operate alongside State and Territory protective order regimes and does not prevent multiple or overlapping orders (ss 11, 35-36).

The Act creates legally enforceable consequences that distribute duties and burdens across several discrete groups: authorised persons and their entities, Commonwealth workers and workplaces, persons who may be respondents to orders, courts and enforcement agencies, and firearms registries. It also affects delegates and SES‑equivalent staff, and by extension the administrative resource allocation inside Commonwealth entities.

Authorised persons, defined at s 7, are those who can initiate proceedings. In practical terms this places responsibility on high‑level Commonwealth officials: the Chief Executive and Principal Registrar of the High Court, and accountable authorities or chief executives of Commonwealth entities. Those persons must decide whether to make applications for orders (s 19), must assemble evidentiary material and draft orders (s 19(2)(a)-(f)), and are required to provide copies or notifications to firearms registries when an order is made, varied or revoked (s 44). Where grounds for an order cease to exist, authorised persons have an affirmative duty to apply for revocation (s 27(1)). These duties can be delegated, but only to SES‑equivalent officers or acting SES employees or equivalent Court officers, with written directions binding delegates (s 47). The delegation rule channels operational responsibility into senior public servants rather than into lower grade staff.

Commonwealth workers are a broad class: employees, contractors, subcontractors, employees of contractors, labour‑hire assignees, volunteers, apprentices and trainees, students on work experience, outworkers and persons employed under the Members of Parliament (Staff) Act 1984 (s 5). Any worker in that class who is subject to personal violence becomes an “affected worker” under s 6(2). The Act also protects individuals at Commonwealth workplaces even if they are not Commonwealth workers. Employers and entities that operate Commonwealth workplaces may therefore need to coordinate with authorised persons on safety arrangements and may be the subject of conditions in orders that restrict geographic access or communications (see s 25).

Potential respondents cover any person 14 years of age or older; the Act prohibits orders against people under 14 (s 32). A respondent may be subject to multiple Commonwealth workplace protection orders and to protective orders under State or Territory law simultaneously; the Act expressly allows that overlap (s 36). Respondents are criminalised for contraventions (s 31), and strict liability applies to the fact that an order is in force against the person (s 31(2)).

Courts across the federal, Territory and State systems have roles. The Federal Circuit and Family Court (Division 2) and the Federal Court receive jurisdiction for civil matters under the Act; State and Territory courts are invested with jurisdiction and Local Courts and Magistrates Courts also have jurisdiction to hear applications under Divisions 2 and 4 of Part 2, subject to existing investments of federal jurisdiction (s 38). Appeals from final order decisions of certain Local/Magistrates Courts are channelled to the relevant State or Territory intermediate or supreme courts as set out in s 39(1) table.

Enforcement bodies are named in s 45 as the Australian Federal Police, State or Territory police forces or DPP or similar prosecutorial bodies. They are authorised users of “workplace protection order information” for enforcement related activities and may further disclose or use that information for those activities (s 45(1)-(2)).

Firearms registries of each State and Territory are recipients of copies or notifications for every order made, varied or revoked, and authorised persons must provide those to the registries as soon as practicable (s 44(1)-(2)). This creates an operational obligation on applicants and an information receipt and handling burden for registries.

Other affected parties include electoral representatives and suppliers of Commonwealth benefits and services: final order applications and orders must address how a condition that prevents a respondent from contacting an electoral representative or accessing Commonwealth benefits will be mitigated by alternative arrangements (s 19(2)(b); s 24(1)(c)-(d)). The Act therefore imposes administrative considerations on service delivery processes and on the handling of political communication where restricted by order conditions.

The Act allocates clear statutory duties and procedural rights among authorised persons, courts, respondents and enforcement bodies. These duties carry both proactive obligations and defensive procedural protections.

Duties of authorised persons:

Eligibility and initiation: authorised persons are the sole class that may apply for final orders and, with some restrictions, for interim and urgent interim orders (ss 7, 12, 13, 16, 19). Interim orders require a related application for final order to be on foot (s 13(1)(a)-(b)). Urgent interim orders may be applied for without a related final application but only in urgent circumstances and by telephone, fax, email or other electronic means (s 16(1)-(2)).
Application content and disclosure obligations: final order applications must include a draft order, explanations for each proposed condition, a statement of facts and summary of grounds, plus information about alternative access arrangements if the order would deny access to Commonwealth benefits or electoral communication, and whether the respondent has firearms licences or is in possession of firearms (s 19(2)(a)-(f)).
Firearms registry notifications: authorised persons who apply for orders must give copies of the order to all State and Territory firearms registries upon an order being made, varied or revoked, and do so as soon as practicable (s 44(1)-(2)).
Duty to apply for revocation: an authorised person must apply to revoke an order if satisfied that the grounds on which the order was made no longer exist; the application must explain why the grounds no longer exist (s 27(1)-(2)).

Delegation and internal governance duties:

Delegation permitted in writing to SES‑equivalent officers within entities or Court staff equivalent to SES posts, but delegated functions must be performed in accordance with written directions of the authorised person (s 47(1)-(2)).

Duties and rights of courts:

Threshold considerations: courts may make orders only where statutory thresholds are met,personal violence has occurred and there is a real risk of further personal violence, and where the order is necessary or desirable to prevent further personal violence (interim, urgent interim and final orders; ss 14(1), 17(1), 20(c)).
Content matters: courts must ensure orders contain specified features, including alternative procedures if a condition prevents access to benefits or electoral communication and a summary of grounds (s 24).
Reasons and explanation: courts must give reasons for decisions to make, vary or revoke orders (other than consent orders) as soon as practicable and must explain the terms and consequences of an order to a respondent present (s 40). Failure to do so does not affect validity of orders (s 40(3)).

Duties, liabilities and procedural rights of respondents:

Service and notice: an order typically comes into force when the respondent is present at its making or when it is personally served (ss 15(1), 18(1), 21(1), 23(1)). Urgent orders are made without full formalities but still require personal service to come into force (s 18(1)); the court must notify the applicant of terms and timing (s 17(4)).
Offence and penalty: contravening a condition of an order is a criminal offence carrying imprisonment up to two years or 120 penalty units or both (s 31(1)). Strict liability attaches to the element that the order is in force against the person (s 31(2)).
Procedural opportunities: respondents may apply to vary or revoke orders (s 26(1)(a)). If a respondent has impaired decision‑making ability, consent orders require representation by a legal practitioner, litigation guardian or parent/guardian if aged 14-17, or the court may adjourn to secure representation (s 22(1)-(3)). The standard of proof in proceedings under the Act is balance of probabilities (s 42).

Rights and duties of enforcement bodies and firearms registries:

Enforcement bodies may receive and use disclosed workplace protection order information for enforcement‑related activities and may further disclose or use the information for such activities (s 45(1)-(2)). The Act explicitly defines enforcement bodies to include AFP, DPP‑equivalent bodies and State/Territory police (s 45(3)).
Firearms registries must receive orders and notifications furnished by authorised persons; that obligation is on the authorised person to give those copies or notifications (s 44(1)). The Act requires prompt transmission “as soon as practicable” (s 44(2)).

Other statutory duties and limits:

Concurrent operation: the Act does not exclude State and Territory laws that operate concurrently with it (s 11). The Act also expressly permits overlapping protective orders and provides that a prior criminal charge, conviction or existing protective order does not affect the court’s power to make orders under this Act (s 35).
Non‑publication and privacy: courts must not publish the names of affected workers in proceedings (s 41); orders must not include information identifying other persons unless the applicant agrees, the court is satisfied the respondent already knows the information, or necessary to enable compliance (s 24(2)-(3)).
Review: the Minister must cause a review of the Act to be conducted after the third anniversary of commencement, and the report must be tabled subject to redaction of personal information (s 48).

The Act creates a clear criminal enforcement hook for contravention of order conditions and provides for information flows and jurisdictional reach for enforcement agencies. The central criminal provision is s 31.

Contravention offence:

Elements: a person commits an offence if a Commonwealth workplace protection order is in force against them, they engage in conduct, and that conduct contravenes a condition of the order (s 31(1)(a)-(c)).
Penalty: imprisonment for up to two years or 120 penalty units, or both (s 31(1)).
Strict liability: s 31(2) applies strict liability to paragraph (1)(a), meaning that the prosecution need not prove mens rea in respect of the existence of an order being in force against the accused. The statute nonetheless requires personal service for orders to come into force except where the respondent is present at the hearing (see ss 15(1), 18(1), 21(1), 23(1)); that intersects with strict liability because once service is effected the offence element is satisfied irrespective of the respondent’s subjective knowledge.

Geographical jurisdiction and extraterritoriality:

Section 31(3) extends geographical jurisdiction for the contravention offence by application of s 15.3 of the Criminal Code (extended geographical jurisdiction,category C). The Act itself also states it extends extraterritorially to acts and omissions outside Australia (s 10), which supports the reach of enforcement.

Information flows for enforcement:

Authorised persons must provide copies of orders to State and Territory firearms registries as soon as practicable on making, varying or revoking orders (s 44). That creates operational notifications that could trigger firearm suspension or other registry actions under State or Territory laws; the Act mandates the data flow but does not itself impose firearm controls.
Section 45 authorises persons to disclose “workplace protection order information” to enforcement bodies where reasonably necessary for enforcement‑related activities, and authorises enforcement bodies to use or disclose that information for such activities (s 45(1)-(2)). Enforcement bodies are defined to include the AFP, DPP equivalents and State/Territory police (s 45(3)). The section includes a note that it constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws, signalling that privacy law constraints are being displaced for the specified enforcement purposes.

Court procedure and remedies:

The court can make orders imposing conditions designed to prevent further personal violence and to ensure safety (s 25). Orders can be interim, urgent interim, final or consent orders, and courts have power to vary or revoke orders on applications by respondents or authorised persons (ss 13, 16, 19, 26-30). The court must revoke an order if it is satisfied the original grounds no longer exist (s 29). The court can vary conditions or the period of force, with an extension capped at two years after the order came into force (s 28(2)(c)). When varying conditions that would affect access or political communication, the order as varied must specify alternative arrangements (s 28(3)(a)-(b)).

Interaction with other enforcement mechanisms:

The Act expressly contemplates and preserves the operation of State and Territory protective order mechanisms; it does not preclude concurrent orders or proceedings under other laws (ss 11, 36). Section 35 specifies that prior criminal charges, other Commonwealth workplace protection orders or protective orders do not affect the court’s power to make new orders under this Act.

Practical enforcement considerations embedded in the Act:

Personal service is the trigger for an order’s coming into force where the respondent is not present; this makes enforcement practicable because, as a legal matter, an order only attains enforceable status when the respondent has been served (ss 15(1), 18(1), 21(1), 23(1)). However, strict liability for the existence of an order once it is in force creates a legal exposure for respondents who may be unaware of conditions after service.
The Act provides mechanisms for urgent intervention via urgent interim orders applied for by electronic means with abbreviated formality, but these urgent orders terminate after seven days unless followed by a final application (ss 16-18). This produces a time‑limited avenue for rapid protective intervention that nevertheless must be followed by fuller judicial process.

The Act is drafted to operate alongside existing Commonwealth, State and Territory laws rather than to replace them, and it creates specific cross‑references to other statutory regimes. Several affirmative interaction points are in the text.

Concurrent operation with State and Territory laws:

Section 11 states the Act is not intended to exclude or limit the operation of a State or Territory law capable of operating concurrently. Section 36 reiterates that a Commonwealth workplace protection order does not prevent protective orders under other laws being applied for or made, or affect their operation. Section 35 makes clear previous charges, convictions or existing protective orders do not affect the court’s power to make an order under this Act. These provisions enable overlapping regulatory coverage and multiple parallel instruments.

Criminal Code cross‑references:

The definition of harm adopts the meaning in Part 7.8 of the Criminal Code (s 5). Section 31(3) applies s 15.3 of the Criminal Code to contravention offences to secure extended geographical jurisdiction. The Act thereby links its offence provisions and definitions to the federal Criminal Code framework.

Privacy and information disclosure:

Section 45 contains an express authorisation allowing disclosure and use of workplace protection order information to enforcement bodies in connection with enforcement activities, and the note states this section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws. That indicates the Act permits disclosures that would otherwise engage privacy constraints under the Privacy Act, replacing or qualifying privacy obligations for the narrow purpose of enforcement.

Firearms registries and State/Territory regimes:

Section 44 requires authorised persons who apply for an order to give copies to firearms registries of each State and Territory as soon as practicable when an order is made, varied or revoked. The Act does not itself modify State or Territory firearm licensing rules but imposes the duty to inform registries, thereby creating an operational interface with State/Territory firearm regulatory systems which may have their own legal consequences for licence suspension or surrender.

Electoral representation and political communication:

The Act requires applicants to state in final order applications if a proposed condition would prevent the respondent from contacting their electoral representative or otherwise engaging in political communication, and to specify alternative procedures (s 19(2)(b)). Orders must contain alternative arrangements where conditions would prevent access to benefits or political communication (s 24(1)(c)-(d)). Those requirements create an explicit interface with rights to political communication and with administrative processes for accessing Commonwealth services; the Act imposes procedural mitigations rather than substantive immunities.

Judicial jurisdiction and appeals:

Jurisdictional allocations reference the Judiciary Act 1903 in notes. The Federal Circuit and Family Court (Division 2) has jurisdiction in civil matters arising under the Act (s 38(1)); State courts are invested with federal jurisdiction to hear matters (s 38(2)); Local Courts and Magistrates Courts have jurisdiction to the extent not otherwise invested with federal jurisdiction (s 38(3)). Section 39(1) sets out appeals from certain Local or Magistrates Courts to specified State or Territory courts, and s 39(3) invests those appeal courts with federal jurisdiction. These provisions build on the existing judiciary architecture to integrate the new statutory regime.

Protective orders under other Commonwealth, State or Territory laws:

The Act defines “protective order” to include orders under laws of the Commonwealth other than this Act, and under State or Territory laws (s 5). That means existing Commonwealth protective instruments and State/Territory protection orders remain legally operative and may coexist with Commonwealth workplace protection orders; s 36 expressly preserves that coexistence.

Administrative law, review and governance:

The delegation regime (s 47) and the requirement for a ministerial‑ordered review after three years (s 48) interact with broader public governance frameworks. Delegations are limited and subject to written directions, aligning with the Acts Interpretation Act 1901 cross‑references in notes to s 47.

In sum, the Act creates specific disclosure obligations, judicial pathways and administrative duties that plug into and sit alongside criminal, privacy, firearms, electoral contact and court‑jurisdiction frameworks. It does not displace State and Territory regimes and expressly contemplates and preserves concurrent operation, while imposing novel procedural interfaces such as mandatory firearms registry notification and alternative access arrangements in orders.

As enacted text supplied here shows, the Act is in original form as the Commonwealth Workplace Protection Orders Act 2025, assented to on 4 November 2025. The statute contains express commencement mechanics and savings for delayed proclamation, and it sets mandatory review timing; otherwise no amendments are recorded in the supplied text.

Commencement mechanics:

Section 2 provides a commencement table. The whole Act commences on a single day to be fixed by proclamation, but if not proclaimed within six months of Royal Assent the Act commences the day after the end of that six‑month period (s 2(1)). The commencement table contains a note stating the table relates only to the provisions as originally enacted and will not be amended to deal with later amendments, which is a drafting housekeeping note but relevant for understanding original enactment timing (s 2(2) note).

Review and future amendment triggers:

Section 48 requires the Minister to cause a review of the operation and effectiveness of the Act “as soon as practicable after the third anniversary” of commencement (s 48(1)). The review must consider whether operation of some or all provisions should continue and whether amendments, including to expand scope, are necessary or desirable to improve operation (s 48(2)(a)-(b)). The persons conducting the review must report in writing to the Minister; the Minister must omit personal information from the report and table a copy in each House of Parliament within 15 sitting days after receiving the report (s 48(3)-(4)). That review provides the legislated mechanism for future statutory change and scope reassessment.

No recorded amendments at enactment:

The supplied Act text contains no later amendments, schedules or transitional provisions beyond the original commencement mechanics and the review requirement. The contents table and section numbering reflect a complete enacted structure up to s 48. Accordingly, this analysis treats the Act as original text without subsequent amendment history in the supplied source.

Legislative history references:

The source records the legislative progress references: the Minister’s second reading speeches were made in the House of Representatives on 31 July 2025 and in the Senate on 1 September 2025, and the Act was assented to on 4 November 2025 (header material). Those references indicate the parliamentary passage timing but add no statutory amendments.

Practical effect for practitioners:

Because the Act mandates a formal review after three years (s 48), entities and practitioners affected should monitor for proposed amendments arising from that review. Until such amendments are enacted, the substantive rules in the Act govern. The commencement provision means stakeholders must also note that the Act will come into force either by proclamation or six months after assent if proclamation is not made within that timeframe (s 2).

The supplied statutory text contains no case law or litigation record. There are no judicial decisions cited in the Act itself, and the text does not reference any pre‑existing cases. The Act’s second reading speech dates and assent date are recorded, but there is no judicial or appellate history included in the source.

What this means defensibly for practitioners:

As a new statutory regime enacted in 2025, the Act will generate first‑instance decisions across federal, Territory and State courts (s 38). Section 40 requires courts to give reasons for decisions to make, vary or revoke Commonwealth workplace protection orders (other than consent orders) and to explain orders to respondents present (s 40(1)-(2)). Those mandated reasons should create an early body of judgments explaining how courts apply the Act’s thresholds and how they weigh the statutory factors listed in s 25(3) and s 28(4). The Act’s jurisdictional mappings and appeal pathways (s 38, s 39) will determine where appeals on points of law or mixed fact and law will be heard and how precedent will develop across the State and federal court systems.

Anticipated primary decision sources:

Initial litigation likely to be found in Local and Magistrates Courts dealing with urgent interim or interim orders (s 38(3)), in Federal Circuit and Family Court (Division 2) for civil matters (s 38(1)), and in State Supreme or District Courts on appeal under s 39. Enforcement proceedings for contraventions will likely be conducted by State or Territory prosecutors or AFP dependent on circumstances, with possible prosecutions under s 31 and extended geographical jurisdiction invoked by reference to the Criminal Code (s 31(3)).

Absent precedent:

Until courts have produced reasoned decisions, practitioners must rely closely on the Act’s statutory text for threshold interpretation, the statutory list of matters the court must consider in imposing conditions (s 25(3)), and the procedural requirements for applications and for personal service (ss 13-23). The obligation on courts to give reasons and the right of appeal from certain State and Territory court decisions (s 39) provide pathways for jurisprudential development.

The Act contains several features that may produce practical pitfalls. These are discrete rules or interactions that can create legal vulnerability or administrative burden if overlooked.

Strict liability for existence of an order:

Section 31(2) applies strict liability to the element that an order is in force against the person. Once a court order has been personally served or the respondent is present and the order made, ignorance of the order will not be a defence to a contravention. Service is required to bring the order into force where the respondent is not present (see ss 15(1)(b), 18(1), 21(1)(b), 23(1)(b)), so failure by an authorised person to effect personal service promptly might delay enforceability, while service without ensuring the respondent understands the terms could expose respondents to strict criminal liability notwithstanding later procedural protections.

Urgent interim order formalities and lifespan:

Urgent interim orders can be made on abbreviated application by telephone, email or other electronic means where the authorised person considers it necessary in urgent circumstances (s 16(1)). However, an urgent interim order ceases after seven days unless an application for a final order is made within that period (s 18(2)(a)). An authorised person must therefore follow up an urgent interim order with a final application within seven days or the protection lapses; failure to do so removes the interim protection and may leave affected workers exposed.

Interplay of personal service, explanation obligations and non‑publication:

Courts must explain orders to respondents present in language likely to be readily understood, but failure to comply does not affect the validity of orders (s 40(2)-(3)). Orders must not include identifying information about other persons unless limited exceptions apply (s 24(2)), and courts must not publish the names of affected workers in proceedings (s 41). Practitioners must therefore balance the need to draft operationally precise orders against statutory privacy constraints and must ensure alternative arrangements are specified where access or communication is restricted (s 24(1)(c)-(d); s 19(2)(b)).

Consent orders and impaired decision‑making:

Consent orders may be made without proof or admission and whether or not the court is satisfied of the usual thresholds (s 22(2)(a)-(b)). If the respondent has impaired decision‑making ability, the court must ensure appropriate representation or may adjourn until such representation is obtained (s 22(1)-(3)). The ease of obtaining a consent order can result in orders that are not supported by judicial findings, and practitioners should note the protective procedural safeguards for potentially vulnerable respondents.

Obligations to consider access to benefits and political communication:

Final order applications must include information about proposed alternative procedures where a condition would prevent the respondent from accessing Commonwealth benefits or contacting their electoral representative, and orders must specify those alternatives where applicable (s 19(2)(b), s 24(1)(c)-(d)). Failure to set out workable alternatives in the application risks rejection or variation by the court, and authorised persons must coordinate with service delivery areas to propose practical arrangements.

Duty to apply for revocation:

Authorised persons carry an express duty to apply for revocation if they are satisfied the grounds no longer exist (s 27(1)). This is an ongoing administrative duty that requires monitoring of circumstances. Failure to apply could leave unnecessary restrictions in place and expose the entity to legal challenge, although the court can also act on applications by respondents (s 26).

Multiple overlapping orders and cross‑jurisdictional enforcement:

The Act permits multiple Commonwealth workplace protection orders and concurrent protective orders under other laws (s 36). Contraventions can be enforced criminally under s 31 and enforcement bodies can use workplace protection order information for enforcement activities (s 45), which may result in parallel enforcement activity by State police or prosecutors. Practitioners must be alert to coordination issues and to differing notice, service and appeals pathways across jurisdictions (see ss 38-39).

Delegation limits:

Delegations by authorised persons are limited to SES‑equivalent officers and must be in writing; delegates must comply with written directions (s 47). Where operational practice expects wider administrative delegation, entities will need to ensure the role allocations align with the statutory delegation constraints.

Firearms registry notifications:

The authorised person must provide copies to all State and Territory firearms registries as soon as practicable for every order made, varied or revoked (s 44). This creates a continuous administrative obligation and may trigger action under State or Territory firearms laws; authorised persons must track and time filings and be prepared for potential firearm licensing consequences.

Age limit:

An order cannot be made against a person under 14 years of age (s 32). Applications against younger respondents must be directed under other protective frameworks.

Costs exposure:

The default position is that each party bears their own costs in proceedings under the Act (other than Division 5) (s 43(1)). The court retains discretion to order costs where justified (s 43(2)). Parties should expect limited prospects of cost recovery in routine matters, which may affect decisions to litigate.

This section sets out practical compliance steps and checklists distilled directly from the Act for authorised persons, delegates, respondents, enforcement bodies and courts.

For authorised persons (Chief Executive and Principal Registrar of the High Court; accountable authority or chief executive of a Commonwealth entity) preparing to apply:

Establish delegation and governance lines:
- If delegating, ensure delegation is in writing to SES or acting SES equivalent personnel or equivalent Court officers and issue written directions to delegates (s 47(1)-(2)).
Assess threshold facts:
- Be satisfied that the respondent has engaged in personal violence as defined in s 6(1) and that there is a real risk of further personal violence (ss 13(1)(c)(i)-(ii), 19(1)). For interim orders, ensure a related final application has been made (s 13(1)(a)-(b)). For urgent interim orders, be able to explain urgent circumstances (s 16(1)-(2)) and that it is necessary to use electronic means due to urgency (s 16(1)(b)).
Prepare application material:
- For final orders, include a draft order; an explanation why each proposed condition should be imposed; a statement of facts; a summary of grounds; information about alternative procedures if a proposed condition would prevent access to Commonwealth benefits or services; information about alternative procedures if a proposed condition would prevent contacting an electoral representative or political communication; specify whether a protective order, civil or criminal proceedings, or firearms possession/licensing exist to the extent known; and any other relevant information (s 19(2)(a)-(f)).
- For interim orders included in the related application, include the material required by s 19(2)(a)-(f) and a statement that the interim application is included (s 13(3)).
- For urgent interim orders, include the material required under s 19(2)(a)-(b) and an explanation of urgency (s 16(2)).
Service and timing:
- For final orders ensure the application is served personally on the respondent prior to the court making an order (s 20(b)). For interim orders, personal service triggers force where respondent was not at hearing (s 15(1)(b)). For urgent interim orders, note the court must inform the applicant of terms and timing, and that the urgent interim order ceases after seven days unless a final application is made (ss 17(4), 18(2)(a)).
Firearms registry notifications:
- If an order is made, varied or revoked, give a copy of the order to firearms registries of each State and Territory or notify registries of revocation as soon as practicable (s 44(1)-(2)). Maintain records of transmissions and timestamps.
Ongoing obligations:
- Monitor whether grounds for orders continue to exist; if satisfied they no longer do, promptly apply for revocation and include explanation (s 27(1)-(2)). Where applying to vary an order that would affect access or political communication, include alternative arrangements (s 26(2)(b)-(c); s 28(3)).
Recordkeeping and privacy:
- Draft orders to avoid including identifying information about other persons unless the applicant agrees, the respondent already knows the information, or it is necessary to enable compliance; include only the minimum required to enable compliance (s 24(2)-(3)). Do not publish names of affected workers in related proceedings (s 41).

For delegates handling applications:

Ensure the delegated instrument is in writing and follow written directions of the authorised person (s 47(1)-(2)). Delegates must exercise functions within the ambit of delegated authority and maintain compliance with documentation and notification obligations.

For respondents subject to orders or facing applications:

Service and immediate steps:
- An order comes into force when personally served or when made while respondent present (ss 15(1), 18(1), 21(1), 23(1)). If served, take steps immediately to obtain and read the order and, if necessary, seek legal advice.
Rights to apply:
- A respondent may apply to vary or revoke an order (s 26(1)(a)). If the respondent has impaired decision‑making ability, the court may require representation for consent orders (s 22(1)-(3)).
Risks and penalties:
- Be aware that contravening a condition is a criminal offence carrying up to two years’ imprisonment or 120 penalty units and that strict liability applies to whether an order is in force against the person (s 31(1)-(2)). Ensure compliance or contemporaneous challenge if grounds are contested.

For enforcement bodies and police:

Understand that the Act authorises disclosure and use of workplace protection order information for enforcement‑related activities and permits further disclosure between enforcement bodies as necessary (s 45(1)-(2)). Maintain records of information received from authorised persons and ensure use aligns with defined enforcement activities in s 45(3) and the Act’s limits.

For courts and registry staff:

Ensure procedural compliance with personal service requirements and provide reasons for non‑consent decisions as soon as practicable (s 40(1)). Where the respondent is present, explain terms in language likely to be readily understood (s 40(2)).
Avoid publishing the names of affected workers in proceedings (s 41) and conform to s 24(2) limits on including identifying information in orders.

For Commonwealth entities providing services:

If an order would prevent a respondent from accessing or obtaining Commonwealth benefits or services, be prepared to work with authorised persons to design and implement alternative procedures specified in the order (s 19(2)(b)(i); s 24(1)(c)). Coordinate administrative processes so that access is preserved consistent with safety.

For firearms registries:

Expect to receive copies of orders from authorised persons as soon as practicable upon order creation, variation or revocation (s 44). Set up administrative processes to receive, log and act on notifications as appropriate under State or Territory firearm laws.

Recordkeeping and review preparation:

Because the Act requires a ministerial review after three years (s 48), maintain thorough records of applications, orders, variations, revocations, services and firearms notifications to support review evidence and to assist any audit of compliance with statutory duties.

This compliance checklist is grounded in the text of the Act. Entities should ensure internal processes map to the exact statutory requirements for application content (s 19), service (ss 15, 18, 21, 23), firearms registry notifications (s 44), delegation limits (s 47) and the duty to seek revocation when grounds cease (s 27).

Commonwealth Workplace Protection Orders Act 2025

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