16BPresumption of mandatory imprisonment for offence causing serious bodily harm to frontline worker

### 16B Presumption of mandatory imprisonment for offence causing serious bodily harm to frontline worker > [*\[Section 16B Inserted by No. 29 of 2024, s. 4, Applied:13 Dec 2024\]*](/view/html/inforce/2024-12-13/act-2024-029#GS4@EN) > > > (1)  In this section – > > > > > ***child safety officer*** means a person who is a State Service officer, or a State Service employee, employed or appointed under the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) to provide services related to the protection of children; > > > > > ***correctional services officer*** means – > > > > > > > > (a) a correctional officer, within the meaning of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ; and > > > > > > > > > (b) a probation officer; and > > > > > > > > > (c) a person who is a State Service officer, or a State Service employee, and who administers or provides all or part of a program that is – > > > > > > > > > > > > (i) a community corrections program referred to in [section 88 of the](/view/html/inforce/2026-04-12/act-1997-051#GS88@EN) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ; or > > > > > > > > > > > > > (ii) provided for the purposes of this Act to persons who are subject to community correction orders; and > > > > > > > > > (d) a person who is a State Service officer, or a State Service employee, and whose duties include one or more of the following: > > > > > > > > > > > > (i) monitoring persons who are subject to home detention orders; > > > > > > > > > > > > > (ii) having regular contact with persons who are subject to home detention orders; > > > > > > > > > > > > > (iii) supervising persons who have the duties referred to in [subparagraph (i)](#GS16B@Gs1@Nd204680@Hpd@Hqi@EN) or [(ii)](#GS16B@Gs1@Nd204680@Hpd@Hqii@EN) ; and > > > > > > > > > (e) a person who is a State Service officer, or a State Service employee, and who, pursuant to [section 66(2) of the](/view/html/inforce/2026-04-12/act-1997-051#GS66@Gs2@EN) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) , is made available to, and serves, the Parole Board; and > > > > > > > > > (f) any other person who is appointed or employed for the purposes of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ; > > > > > ***emergency service officer*** means – > > > > > > > > (a) a person employed or appointed under the [Fire Service Act 1979](/view/html/inforce/2026-04-12/act-1979-035) ; or > > > > > > > > > (b) a person employed or appointed under the [Ambulance Service Act 1982](/view/html/inforce/2026-04-12/act-1982-105) ; or > > > > > > > > > (c) an emergency management worker referred to in [paragraph (a)](/view/html/inforce/2026-04-12/act-2006-012#GS3@Nd21122004463816@Hpa@EN) , [(b)](/view/html/inforce/2026-04-12/act-2006-012#GS3@Nd21122004463816@Hpb@EN) , [(c)](/view/html/inforce/2026-04-12/act-2006-012#GS3@Nd21122004463816@Hpc@EN) or [(d) of the definition of ***emergency management worker*** in section 3 of the](/view/html/inforce/2026-04-12/act-2006-012#GS3@Nd21122004463816@Hpd@EN) [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) who is not a police officer; or > > > > > > > > > (d) an emergency management worker referred to in [paragraph (e) of the definition of ***emergency management worker*** in section 3 of the](/view/html/inforce/2026-04-12/act-2006-012#GS3@Nd21122004463816@Hpe@EN) [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) in relation to – > > > > > > > > > > > > (i) an authorised use of emergency powers under [section 40 of the](/view/html/inforce/2026-04-12/act-2006-012#GS40@EN) [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) ; or > > > > > > > > > > > > > (ii) a declared state of emergency under [section 42 of the](/view/html/inforce/2026-04-12/act-2006-012#GS42@EN) [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) ; > > > > > ***frontline worker*** means – > > > > > > > > (a) a child safety officer; and > > > > > > > > > (b) a correctional services officer; and > > > > > > > > > (c) a health and safety officer; and > > > > > > > > > (d) a public officer; and > > > > > > > > > (e) a retail or hospitality worker; and > > > > > > > > > (f) a security officer; and > > > > > > > > > (g) a transport worker; > > > > > ***health and safety officer*** means the following persons: > > > > > > > > (a) an emergency service officer; > > > > > > > > > (b) a health worker; > > > > > > > > > (c) an inspector appointed under [Part 9 of the](/view/html/inforce/2026-04-12/act-2012-001#HP9@EN) [Work Health and Safety Act 2012](/view/html/inforce/2026-04-12/act-2012-001) ; > > > > > ***health worker*** means the following persons: > > > > > > > > (a) a person who is a registered health practitioner or student within the meaning of the Health Practitioner Regulation National Law (Tasmania); > > > > > > > > > (b) a person employed or engaged by a hospital – > > > > > > > > > > > > (i) as a hospital attendant; or > > > > > > > > > > > > > (ii) as a medical orderly; > > > > > ***hospital*** means – > > > > > > > > (a) a private hospital within the meaning of the [Health Service Establishments Act 2006](/view/html/inforce/2026-04-12/act-2006-017) ; and > > > > > > > > > (b) a State-funded hospital; > > > > > ***passenger transport service driver*** means a driver undertaking the provision of one or more of the following services within the meaning of the [Passenger Transport Services Act 2011](/view/html/inforce/2026-04-12/act-2011-059) : > > > > > > > > (a) an on-demand passenger transport service; > > > > > > > > > (b) a regular passenger service; > > > > > ***premises*** includes land, and any part of any premises or land, private premises and a public place; > > > > > ***private premises*** means premises that are not a public place; > > > > > ***public officer*** includes any person, who is not a police officer, acting in good faith in the execution, or intended execution, of an Act, or a public duty or authority, who, in so acting, enters onto premises; > > > > > ***public place*** has the same meaning as in the [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) ; > > > > > ***retail or hospitality worker*** means a person whose duties, in respect of the employment of the person, primarily involve working in an area, to which the public have access, of – > > > > > > > > (a) a shop; or > > > > > > > > > (b) a food business, within the meaning of the [Food Act 2003](/view/html/inforce/2026-04-12/act-2003-008) , of a commercial nature; > > > > > ***security officer*** means a person who is a crowd control agent, crowd controller, security agent or security guard within the meaning of the [Security and Investigations Agents Act 2002](/view/html/inforce/2026-04-12/act-2002-019) ; > > > > > ***shop*** means the whole or part of a building, place, stall, structure, tent, vehicle or yard in or on which goods are sold, or offered or exposed for sale, by retail, including by auction; > > > > > ***transport worker*** means the following persons: > > > > > > > > (a) a passenger transport service driver; > > > > > > > > > (b) a driver undertaking the provision of one or more of the following services within the meaning of the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) : > > > > > > > > > > > > (i) a luxury hire car service; > > > > > > > > > > > > > (ii) a restricted hire vehicle service; > > > > > > > > > (c) a master or pilot of a domestic commercial vessel, used in connection with a commercial or governmental activity, within the meaning of the Commonwealth domestic commercial vessel national law, as applied by the [Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013](/view/html/inforce/2026-04-12/act-2013-004) . > > > (2)  In determining whether a person is a health worker, retail or hospitality worker or transport worker for the purposes of this section, it does not matter whether or not the person is an agent, bailee or employee in respect of that role. > > > (3)  Despite [section 7](#GS7@EN) , if – > > > > > > (a) a person is convicted of an offence, against a provision of an Act, committed in relation to a frontline worker while the frontline worker was working as a frontline worker; and > > > > > > > (b) the frontline worker suffered serious bodily harm caused by, or arising from, the offence – > > > > the court that convicts the person of, or imposes on the person a sentence upon the conviction for, the offence is to order the person to serve a term of imprisonment of not less than 6 months in respect of the offence, unless [subsection (5)](#GS16B@Gs5@EN) applies. > > > (4)  For the purposes of this section, an offence is to be taken to have been committed in relation to a frontline worker only if the person who committed the offence knew, or ought reasonably be expected to have known, that bodily harm to a frontline worker may be caused by, or arise from, the offence. > > > (5)  Despite [subsection (3)](#GS16B@Gs3@EN) , the court must not impose a term of imprisonment, in accordance with that subsection, on an offender if – > > > > > > (a) the offender had not attained the age of 18 years at the time at which the offence was committed; or > > > > > > > (b) the offender has impaired mental functioning that is causally linked to the offence and that – > > > > > > > > > > (i) ought to be regarded as reducing the offender’s culpability for the offence; or > > > > > > > > > > > (ii) is likely to result in the imprisonment of the offender being more difficult for the offender, or more of a risk to the health or wellbeing of the offender, than would be the case for an offender who did not have such impaired mental functioning; or > > > > > > > (c) in the opinion of the court, the imposition of such a sentence would be unjust when considering the circumstances of the offence or the offender. > > > (6)  [Subsection (3)](#GS16B@Gs3@EN) applies in relation to an offence against a provision of an Act even if the Act – > > > > > > (a) does not indicate that the offence is punishable by imprisonment; or > > > > > > > (b) indicates that the offence is punishable by imprisonment for a term of less than 6 months – > > > > but, in either such case, the term of imprisonment that is, in accordance with [subsection (3)](#GS16B@Gs3@EN) , to be imposed in respect of the offence is to be 6 months. > > > (7)  Nothing in this section is to be taken to prevent the application of [section 11](#GS11@EN) in relation to an offence to which [subsection (3)](#GS16B@Gs3@EN) applies, including if – > > > > > > (a) the sentence for the offence is a term of imprisonment of not less than 6 months; and > > > > > > > (b) in accordance with [section 11](#GS11@EN) , that sentence also applies to another offence which may, or may not, be an offence to which [subsection (3)](#GS16B@Gs3@EN) applies. > > > (8)  For the avoidance of doubt – > > > > > > (a) [subsection (3)](#GS16B@Gs3@EN) does not provide for a mandatory penalty on conviction, in respect of an offence to which that subsection applies, for the purposes of [section 10(2)(b)(v)](#GS10@Gs2@Hpb@Hqv@EN) ; and > > > > > > > (b) nothing in this section prevents a court from making, in respect of an offence to which [subsection (3)](#GS16B@Gs3@EN) applies, any order (including an order imposing a penalty) that is in addition to an order imposing a term of imprisonment in respect of the offence.