Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Act 2024
No. 64, 2024
An Act to amend the Criminal Code Act 1995, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Criminal Code Act 1995
Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Act 2024
No. 64, 2024
An Act to amend the Criminal Code Act 1995, and for related purposes
[Assented to 9 July 2024]
The Parliament of Australia enacts:
1 Short title
This Act is the Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Act 2024.
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 |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 10 July 2024 |
Note: This table relates only to the provisions of this Act as originally enacted.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 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Criminal Code Act 1995
1 Section 146.1 of the Criminal Code
Before “In this Part”, insert “(1)”.
2 Section 146.1 of the Criminal Code
Insert:
Commonwealth frontline worker has the meaning given by subsection (2).
3 At the end of section 146.1 of the Criminal Code
Add:
(2) A Commonwealth frontline worker is a person:
(a) who is a Commonwealth public official; and
(b) who performs work requiring the person to deal directly (whether or not in person) with the public, or a class of the public, as a primary function of their role; and
(c) who is not a Commonwealth judicial officer or a Commonwealth law enforcement officer.
(3) Without limiting paragraph (2)(b), the regulations may prescribe one or more categories of persons who, for the purposes of that paragraph, are taken to perform work requiring the persons to deal directly with the public, or a class of the public, as a primary function of their role.
4 Subsection 147.1(1) (paragraph (f) of the penalty) of the Criminal Code
Omit “or a Commonwealth law enforcement officer”, substitute “, a Commonwealth law enforcement officer or a Commonwealth frontline worker”.
5 Paragraph 147.1(1B)(b) of the Criminal Code
Omit “or a Commonwealth law enforcement officer”, substitute “, a Commonwealth law enforcement officer or a Commonwealth frontline worker”.
6 Subsection 147.2(1) (paragraph (e) of the penalty) of the Criminal Code
Omit “or a Commonwealth law enforcement officer”, substitute “, a Commonwealth law enforcement officer or a Commonwealth frontline worker”.
7 Application of amendments
The amendments of the Criminal Code made by this Schedule apply in relation to any conduct engaged in after the commencement of this Schedule.
[Minister’s second reading speech made in—
House of Representatives on 27 March 2024
Senate on 24 June 2024]
Overview
The Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Act 2024, enacted by the Parliament of Australia, aims to address the need to protect Commonwealth frontline workers from violent and threatening behaviour. This Act amends the Criminal Code Act 1995 to introduce and define the term "Commonwealth frontline worker," which includes Commonwealth public officials who deal directly with the public as a primary function of their role, excluding Commonwealth judicial and law enforcement officers. The legislation enhances the penalties for acts of violence and threats against these workers, aligning them with the penalties for similar offences against Commonwealth law enforcement officers. The policy objective is to safeguard the safety and well-being of these essential workers, ensuring they can perform their duties without fear of violence or threats. The Act will come into effect on 10 July 2024, the day following Royal Assent.
Scope and Application
The Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Act 2024 amends the Criminal Code Act 1995 to introduce and define the concept of a "Commonwealth frontline worker" and to extend the scope of certain offences to include these workers. The Act applies to any person who is a Commonwealth public official and who performs work requiring them to deal directly with the public as a primary function of their role, excluding Commonwealth judicial officers and Commonwealth law enforcement officers. This legislative change applies to any conduct undertaken by such workers after the commencement of the Act on 10 July 2024. The Act's reach is national, as it amends federal legislation. The Act does not specify any exclusions, exemptions, or thresholds, and its application may be further defined or extended through regulations under the authority granted in section 146.1(2).
Key Provisions
The Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Act 2024 amends the Criminal Code Act 1995 to introduce new protections for Commonwealth frontline workers (sections 1-7). Specifically, section 146.1 is amended to define "Commonwealth frontline worker" as a person who is a Commonwealth public official and performs work requiring them to deal directly with the public as a primary function of their role, excluding Commonwealth judicial officers and law enforcement officers (sections 2 and 3). The regulations may further specify categories of persons deemed to perform such work (section 3). Additionally, the amendments modify sections 147.1 and 147.2 to include Commonwealth frontline workers in the list of persons protected from violence (sections 4-6). These changes apply to conduct occurring after the commencement of the Schedule, which is the day after Royal Assent (section 2).
The Act imposes obligations on Commonwealth frontline workers by recognizing their role and providing them with explicit protection under the Criminal Code Act 1995. This recognition includes defining who qualifies as a Commonwealth frontline worker and ensuring that they are afforded the same level of protection as Commonwealth law enforcement officers (section 2). It also imposes a responsibility on the regulations to clarify and expand the categories of persons covered under the new definition (section 3). Furthermore, the Act obligates the public to refrain from violent acts against these workers, thereby maintaining public safety and ensuring their ability to perform their duties without fear of violence.
The Act introduces specific offences and penalties for breaches involving violence against Commonwealth frontline workers. Section 147.1(1) and 147.2(1) of the Criminal Code now include penalties for violent acts against Commonwealth frontline workers, aligning them with the penalties for acts against law enforcement officers. The maximum penalties for these offences depend on the severity of the violence and are consistent with the existing penalties outlined in the Criminal Code for similar acts against law enforcement officers. These amendments serve to deter potential offenders by establishing clear legal consequences for acts of violence against Commonwealth frontline workers.