188AAssaults on workers

188A Assaults on workers (1) A person who unlawfully assaults a worker who is working in the performance of his or her duties is guilty of an offence. (2) The maximum penalty for the offence is as follows: (a) if the victim suffers harm: (i) if the person is found guilty on indictment – imprisonment for 7 years; or (ii) if the person is found guilty summarily – imprisonment for 3 years; Criminal Code Act 1983 158 (b) if the victim does not suffer harm: (i) if the person is found guilty on indictment – imprisonment for 5 years; or (ii) if the person is found guilty summarily – imprisonment for 2 years. (3) A person is a worker for this section if he or she carries out employment related activities (work) in any lawful capacity, including work as any of the following: (a) an employee; (b) a contractor or subcontractor; (c) an apprentice or trainee; (d) a student gaining work experience; (e) a volunteer; (f) a self-employed person; (g) a person appointed under a law in force in the Territory to carry out functions or to hold an office. (4) However, the following are not workers for this section: (a) a police officer; (b) an emergency worker. Note for subsection (4) Section 189A applies in relation to assaults on police officers and emergency workers.