NSW Government Bulletin

Managing the risk of violence in the workplace

The importance of government agencies protecting workers from acts of violence was highlighted during the pandemic with an apparent rise in aggressive customer behaviour in a range of public environments from health and education facilities, aged care and social services providers.

Recently, in Queensland, a teacher won a compensation claim against the Workers' Compensation Regulator regarding PTSD developed after years of exposure to multiple traumatic events during her period of service as a teacher, including being chased and threatened by students and parents (see Roberts v Workers' Compensation Regulator [2023] QIRC 076 (6 March 2023)).

The issue was also highlighted following a direction from SafeWork SA to a McDonald’s restaurant in Adelaide to install safety screens to protect staff from aggressive customers. As reported recently on ABC News, a series of attacks and verbal abuse of staff by customers at a busy McDonald’s restaurant was captured on camera which led to complaints by the Shop, Distributive and Allied Employees Association to SafeWork SA. As a result of the complaint, SafeWork had been discussing with the licensee the steps that could be taken to eliminate or reduce the risk of harm. Following the issue of improvement notices, the restaurant installed a series of screens to prevent customers from being able to access staff areas, throw objects or spit at staff.

Managing the risk of violence for government agencies

Although it may be unlikely in all workplaces, many government agency workplaces do have a risk of some form of workplace violence. Schools and hospitals, as well as first responders, have often been an area of concern for workers being placed at risk of workplace violence.

The guidance from SafeWork NSW identifies violence as being:

verbal assaults or threats (for example, language that is offensive, degrading, humiliating or discriminatory and which may or may not involve shouting)
throwing objects
pushing, shoving, tripping, grabbing
striking, kicking, scratching, biting, spitting or any other physical contact
attacking with knives, guns, clubs or any other type of weapon
intimidating behaviour that creates a fear of violence, such as stalking or sexual harassment or threatening to do any of the above
hazing or initiation practices for new or young workers
gendered violence, where behaviour is directed at any person or affects a person because of their sex, gender or sexual orientation, or because they do not adhere to socially prescribed gender roles, that creates a risk to health and safety.

Government agencies are required to assess whether such a risk exists by consulting with workers, considering claims or incident history in the agency and guidance from other entities operating in similar conditions. Wherever there is direct public or customer interaction, there will almost always be a risk of some kind.

The critical steps to take are:

develop systems and protocols for the management of the risk of violence
include engineered controls as a higher level of protection for workers, such as screens, guards and duress alarms
workplace design, for example management and control of queues and cash handling locations / procedures are also relevant.

Be sure to train all staff in your workplace violence policies so that they are prepared to handle a potentially violent situation. The training should focus on both external and internal sources of threat.

And remember, the obligation is to proactively remove risks. So don’t wait for an act of violence to be the trigger to implement controls. The SafeWork NSW's guide to preventing and responding to work-related violence (updated in March 2023) can assist your agency to prevent and respond to work-related violence.

Author: Michael Selinger

In the media

NSW Government set to launch Digital ID to protect online privacy
Over the past year, a series of cyber-attacks have left millions of people vulnerable to identify theft across the state. To combat this issue, the NSW Digital ID (Beta) has commenced trials with customers and aims to stop the oversharing of personal information by putting people in control of how and when (2 May 2023). More...

It’s Privacy Awareness Week NSW 2023
Privacy Awareness WEEK NSW takes place from 1 – 7 May this year. It involves both public sector agencies and citizens and aims to improve understanding and awareness of NSW privacy legislation (1 May 2023). More…

Publications

NSW Office of the Cross-Border Commissioner
The NSW Office of the Cross-Border Commissioner is seeking feedback on cross-border communities. The purpose of this survey is to understand the experiences of those who live and work in NSW border communities. Responses are invited until 14 May 2023. Read more here.

Law Council of Australia: Submission on Treasury Laws Amendment (Refining and Improving Our Tax System) Bill 2023
The Charities and Not-for-profits Committee of the Law Council of Australia’s Legal Practice Section (the Committee) provided a submission to the Senate Economics Legislation Committee’s inquiry into the Treasury Laws Amendment (Refining and Improving Our Tax System) Bill 2023 (the Bill). (21 April 2023). Read more here.

Law Council of Australia: Submission on Inquiry into the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023
The Law Council of Australia provided a submission to the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum in response to its inquiry into the provisions of the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 (the Constitution Alteration) (21 April 2023). Read more here.

Law Council of Australia: Submission on Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023
The submission to the Senate Education and Employment Legislation Committee (Committee) in relation to its Inquiry into the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (Cth) (the Bill), was prepared by the Industrial Law and Migration Law Committees of the Federal Dispute Resolution Section and the Superannuation Committee of the Legal Practice Section (19 April 2023). Read more here.

Practice and courts

High Court of Australian Bulletin [2023] HCAB 03
The High Court of Australian has published a record of recent cases. Read more here.

AAT Bulletin Issue No. 8/2023
The AAT Bulletin is a fortnightly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans’ Appeals Divisions Cases (24 April 2023). Read more here.

Reissued Practice Note SC CA 1 – Court of Appeal
On 1 May 2023 the Chief Justice reissued Practice Note SC CA 1– Court of Appeal, with a commencement date of 8 May 2023 (1 May 2023). Read more here.

Reissued Practice Note SC EQ 9 – Commercial Arbitration List
On 19 April 2023 the Chief Justice reissued Practice Note SC EQ 9 – Commercial Arbitration List, with a commencement date of 24 April 2023 (19 April 2023). Read more here.

Cases

Shaw v Secretary, Department of Education [2023] NSWCATAD 102
Human Rights – discrimination – disability discrimination – indirect – condition or requirement – denying or limiting access to a benefit – subjecting to detriment – education.
Anti-Discrimination Act 1997 (NSW) and Civil and Administrative Tribunal Act 2013 (NSW).

Tayyar v Bayside Council [2023] NSWLEC 1192
DEVELOPMENT APPLICATION – Torrens title subdivision – semi-detached dwelling houses – whether proposed lots would be consistent with prevailing subdivision pattern.
Bayside Local Environmental Plan 2021, Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

Moorgate Mosman Pty Ltd v Mosman Municipal Council [2023] NSWLEC 1188
DEVELOPMENT APPLICATION – demolition of existing structures and construction of a residential flat building – whether the resulting impacts to public and views are reasonable – breach in minimum floor space ratio, building height and wall height development standards – written request for variation of standards – merit assessment – public interest – appeal upheld.
Architects Act 2003, Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, Environmental Planning and Assessment Regulation 2021, Land and Environment Court Act 1979, Mosman Local Environmental Plan 2012, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy (Resilience and Hazards) 2021, State Environmental Planning Policy (Transport and Infrastructure) 2021 and State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development.

Extreme Enterprises Australia Pty Ltd v Blayney Shire Council [2023] NSWLEC 1196
DEVELOPMENT APPLICATION – construction of a dwelling – proposed on-site effluent disposal – whether proposed on-site effluent disposal is acceptable – whether proposed stormwater drainage is acceptable – whether site has suitable vehicle access – site subject to planning proposal to amend minimum lot size in relation to dwelling permissibility.
Blayney Local Environmental Plan 2012, Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

FHH v Port Stephens Council [2023] NSWCATAD 101
ADMINISTRATIVE LAW – privacy – personal Information – disclosure – whether personal information disclosed – meaning of publicly available publication.
Administrative Decisions Review Act 1997, Anti-Discrimination Act 1977, Civil and Administrative Tribunal Act 2013, Freedom of Information Act 1989 (Repealed), Government Information (Public Access) Act 2009, Privacy and Personal Information Protection Act 1998, Privacy and Personal Information Protection Regulation 2019 and Privacy Act 1988 (Cth).

Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council [2023] NSWLEC 45
LOCAL GOVERNMENT – legal proceedings – judicial review – judicial review of council decision – Class 4 – whether Council’s delegate had authority to determine the development application – construction of the applicable instruments of delegation and sub-delegation and Council’s policy – whether there had been a failure to consider mandatory matters and/or a constructive failure to determine the development application – construction of development consent – whether certain documents had been incorporated – order made under s 25B(1)(b) of the Land and Environment Court Act 1979 (NSW) for further steps to be taken to validate consent.
Environmental Planning and Assessment Act 1979 (NSW), Land and Environment Court Act 1979 (NSW) and Local Government Act 1993 (NSW).

Legislation

NSW Legislation

Regulations and other miscellaneous instruments

NSW Greyhound Racing Rules – published LW 1 May 2023.
Final Determination [Biodiversity Conservation Act 2016] – published LW 28 April 2023.
Final Determination [Biodiversity Conservation Act 2016] – published LW 28 April 2023.
Final Determination [Biodiversity Conservation Act 2016] – published LW 28 April 2023.
Final Determination [Biodiversity Conservation Act 2016] – published LW 28 April 2023.
NSW Admission Board Amendment (Fees) Rule 2023 – published LW 28 April 2023.
Electronic Transactions (ECM Courts) Amendment (Dust Diseases Tribunal) Order 2023 – published LW 21 April 2023.

Commonwealth Legislation
Clean Energy Regulator Act 2011 24/04/2023 – Act No. 163 of 2011 as amended.
National Greenhouse and Energy Reporting Act 2007 24/04/2023 – Act No. 175 of 2007 as amended.
Income Tax Assessment Act 1997 21/04/2023 – Act No. 38 of 1997 as amended.
Royal Commissions Act 1902 21/04/2023 – Act No. 12 of 1902 as amended.
Telecommunications Act 1997 20/04/2023 – Act No. 47 of 1997 as amended.
National Health Act 1953 19/04/2023 – Act No. 95 of 1953 as amended.
Telstra Corporation and Other Legislation Amendment Act 2021 19/04/2023 – Act No. 140 of 2021 as amended.
Industry Research and Development Act 1986 19/04/2023 – Act No. 89 of 1986 as amended.

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

Michael Selinger

Christine Jones (Editor)

NSW Government Bulletin

Managing the risk of violence in the workplace

Managing the risk of violence for government agencies

In the media

Publications

Practice and courts

Cases

Legislation

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Key Contacts

Michael Selinger

Stephen Trew

Christine Jones

NSW Government Bulletin

Managing the risk of violence in the workplace

Managing the risk of violence for government agencies

In the media

Publications

Practice and courts

Cases

Legislation

Share this

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