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
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Note: This table relates only to the provisions of this Act as originally enacted.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
(c) to deter violence and aggression against Commonwealth workers.
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
(c) a final 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
(c) a fixed or floating structure or installation of any kind.
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
(c) the ability of a person to access benefits or services provided by the Commonwealth in a safe environment.
(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.
(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
(c) 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 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
(c) if the interim order is revoked under Division 4—the time the revocation takes effect; 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
(c) specify whether, to the extent known to the applicant, a protective order is in force against the respondent; 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
(c) 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.
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
(c) if the order is revoked under Division 4—the time the revocation takes effect.
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
(c) if the order is revoked under Division 4—the time the revocation takes effect.
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
(c) the court is satisfied that the inclusion of the information is necessary to enable compliance with the order.
(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;
(c) that the respondent not communicate or associate with, or cause another person to communicate or associate with:
(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;
(c) any harm that is likely to be caused to any person if the condition is not imposed;
(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
(c) if the application is made by an authorised person—the application has been served personally on the respondent.
(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;
(c) the applicant’s reasons for seeking the variation or revocation;
(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
(c) the conduct contravenes a condition of the order.
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;
(c) a protective 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
(c) prevent a protective order from being applied for, or made, 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;
(c) a decision on an application to revoke 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:
(c) the terms of the order as made or varied, including the conditions imposed on the respondent by the order; and
(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
(c) a police force or service of a State or Territory.
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.