Scruby backs Workplace Protection Orders, but warns small businesses can’t be left to enforce them alone
Independent Member for Pittwater Jacqui Scruby MP has welcomed the NSW Government’s Workplace Protection Orders Bill 2026, and called on the NSW Government to explain how it will make the new protections work for retail staff and small businesses.
In her speech to the Legislative Assembly on Tuesday, Ms Scruby cited a December 2025 survey by the Shop, Distributive and Allied Employees’ Association of nearly 2,600 retail staff, which found 88 per cent had experienced verbal abuse, physical assaults had doubled to 25 per cent since 2023, and 59 per cent had faced repeated abuse from the same customer. Bureau of Crime Statistics and Research data to June 2026 shows retail theft rose by 10.4 per cent over two years, the only major crime category with a significant increase.
Ms Scruby said the problem is being felt in Pittwater, including cases of adult individuals repeatedly harassing retail shops on village high streets and groups of young people at supermarkets, with police called to a recent Halloween incident.
“I know of businesses that will be welcoming the opportunity to legally protect themselves from individuals who repeatedly harass workers.”
“These orders provide a civil avenue to address retail worker harassment that can be taken by the business, employee or union.
“I’ve seen some retail workers tearing up when speaking of their experiences. Every worker who turns up for a shift across New South Wales has the absolute right to return home safe and unharmed at the end of the day,” Ms Scruby said.
Ms Scruby warned that they are administratively cumbersome and small business will need support.
“These orders are not a silver bullet and don’t diminish the need for policing, but we know from other jurisdictions this works. They also set a line in the sand.”
Ms Scruby urged support for smaller businesses and for larger businesses to support workers in using these orders when they become operational.
“A small retailer can’t afford to spend days working out what evidence they need or how to apply. The Government needs to give businesses a straightforward application process and clear advice on what to do if there’s an immediate risk to staff.”
“We’re seeing employees being taken advantage of, particularly as they aren’t allowed to intervene. This lowers the threshold to take action against people who are causing grief for our businesses,” Ms Scruby said. “This gives powers to business owners, unions and employees extra protections so they can be safe at work.”
The Bill, which passed both houses and is now awaiting assent, gives effect to the Government's commitment earlier this year to establish a workplace protection order scheme in New South Wales. Violent and threatening behaviour against workers is unacceptable.
In speaking to the Bill he introduced, NSW Attorney General, the Hon Michael Daley stated:
''Recent Bureau of Crime Statistics and Research [BOCSAR] data also showed that "steal from retail store" is the only major crime category in New South Wales to record a significant increase, increasing by 10.4 per cent over the two years to June 2026. We have heard from stakeholders that increases in incidents of theft often correlate with an increase in violence and aggression towards staff. The statistics are alarming and highlight that the need for stronger protective measures in retail industries is acute and pressing. However, we also appreciate that workplace violence can occur anywhere, and other workers directly interacting with members of the public face additional risks precisely because of those interactions. That is why other public-facing workplaces will also be eligible for inclusion in the scheme by being prescribed in the regulations in the future.''
Workers in public-facing roles can be particularly exposed to aggressive and abusive behaviour, including from repeat offenders who return to the same workplace.
The new laws give businesses and workers another tool to intervene before behaviour escalates, helping keep dangerous individuals away from workplaces and the people who work in them.
Workplace Protection Orders (WPOs) can apply to perpetrators aged 14 and older. They can be sought if someone stalks, intimidates or engages in conduct amounting to a personal violence offence at a workplace and there are reasonable grounds to fear this conduct will continue.
Courts will be able to impose restrictions deemed necessary to prevent further harm including banning perpetrators from entering a workplace, contacting staff or possessing weapons.
A person conducting a business or undertaking under the Work Health and Safety Act 2011 will be able to seek a WPO on behalf of one or more workers.
Business groups, unions and health and safety representatives can also apply with authorisation from those they represent.
The reforms send a clear message that threatening, intimidating or violent behaviour towards workers will not be tolerated, and give businesses stronger powers to protect staff from people who repeatedly put them at risk.
Breaching a WPO will be punishable by up to two years imprisonment, a $5,500 penalty or both.
The legislation follows extensive consultation with employers, police, unions, government agencies and legal stakeholders about a model for WPOs.
WPOs will initially apply to retail workplaces, with the scheme able to be extended to cover other public facing workplaces by regulation as needed.
The laws are expected to come into effect within 12 months of their passage to allow for education, training and justice system upgrades, and will be statutorily reviewed after three years.
They build on the Minns Government’s work to improve worker safety. This includes introducing the Crimes Legislation Amendment (Assault on Retail Workers) Act 2023 increasing penalties for violence and harassment against retail workers.
Since that legislation came into effect, 673 individuals have been charged with 884 offences. Of those, 103 have received a custodial imprisonment sentence and 68 have received a monetary fine.
Last year, the NSW Government joined the NSW Police Force to launch its Retail Crime Strategy, targeting violent offending and theft in shops and providing further support and education to retailers.
The centrepiece of this strategy is Operation Percentile which puts police in shops to target recidivist offending and theft.
Since launching statewide in October 2025, 2,073 people have been charged with more than 3,900 offences under Operation Percentile, with incidents relating to $1,350,000 of stolen stock.
As the new Bill was introduced in October, Minister for Police, the Hon. Yasmin Catley said:
“No one should be intimidated, abused or made to feel unsafe for simply doing their job.
“This Government backs workers which is why today we’re introducing the further reform to help keep people safe at work and crack down on violent and intimidatory offending.
“NSW Police are in shops every day, targeting violent, recidivist offenders and theft through Operation Percentile.
“The numbers speak for themselves. Police are not only charging and putting hundreds of individuals before the court. They're recovering stolen stock and acting as a deterrent for anyone who thinks they can get away with this lowlife offending.”
Attorney General, the Hon. Michael Daley, said:
“The Government is putting workers first with tough new measures to protect against intimidation, abuse and violence on the job.
“We have listened to workers calling for greater protection and are cracking down on this unacceptable conduct.
“We are giving courts the power to do whatever is needed to stop this behaviour including banning threatening, abusive and violent customers from entering a store or contacting staff.”
Minister for Industrial Relations, the Hon. Sophie Cotsis, said:
“I’ve heard harrowing stories from retail workers who’ve been abused and assaulted, and we have listened to their calls for more protections.
“For too long, workers have been told the customer is always right, but there is no excuse for abuse and that’s why we’re cracking down on this appalling behaviour.
“We have zero tolerance for threats, intimidation and violence towards any workers, and these tough new laws will stop abusive customers from entering stores and contacting staff.”
Shop, Distributive and Allied Employees Association NSW Secretary Bernie Smith said:
“Retail and fast-food workers deserve to feel safe at work, but too many are dealing with threats, intimidation and abuse simply for doing their jobs.
“These new laws are a significant win for frontline workers, providing stronger protections and sending a clear message that abusing or threatening someone simply for doing their job is never acceptable."
“10% of offenders are responsible for 60% of the problems in our shops. These laws are welcome because they will keep those repeat offenders out of our shops and prevent them reoffending.”
CEO Australian Retail Council Chris Rodwell said:
“We thank the NSW Government for introducing these critical laws to help protect retail workers from violence, threats and intimidation.
“Workplace protection orders help break the cycle of offending by keeping dangerous repeat offenders away from workers and customers.
Business Sydney Executive Director Paul Nicolaou said:
''Workers deserve to feel safe at work but for too long frontline workers, particularly in retail, have been exposed to abusive and violent behaviour simply for doing their jobs.
Business Sydney welcomes the Minns Labor Government’s legislation for Workplace Protection Orders and looks forward to working constructively with the NSW Government, employers, unions and police to ensure these protections are effective and help make Sydney’s workplaces safer.
The proposed WPOs are a practical step forward in allowing courts to impose conditions to protect workers and sends a clear message that abuse and violence.”