There are two different offences of assaulting a police officer under South Australian legislation and the police may choose which offence they are to charge an offender with.

Aggravated Assault

A person commits this offence when they assault a police officer or other person engaged in a prescribed occupation or employment, knowing that the victim was acting in the course of their official duties, or, in the case of a police or other law enforcement officer, in retribution for something the offender believes they have done in the course of their duty [Criminal Law Consolidation Act 1935 (SA) s 5AA(1)(c) and (ka) and Criminal Law Consolidation (General) Regulations 2021 (SA) reg 4].

Maximum penalty:

Basic offence: Five years imprisonment [s 20(3)]

Causing harm: Seven years imprisonment [s 20(4)]

Assault Emergency Worker

From 3 October 2019, police may charge an offender for assaulting a prescribed emergency worker under section 20AA. An assault may include intentionally causing human biological material to come into contact with a victim or threatening to do so. There is also a separate offence of committing a prohibited act involving human biological material, see Prohibited act involving human biological material.

An emergency worker is prescribed in section 20AA(9) to include:

Maximum penalty:

Basic offence: Five years imprisonment [s 20AA(3)]

Hinder or resist police officer in course of official duty causing harm: 10 years imprisonment [s 20AA(4)]

Recklessly cause harm: 10 years imprisonment [s 20AA(2)]

Intentionally cause harm: 15 years imprisonment [s 20AA(1)]

Harm in relation to these offences has the same meaning as in Division 7A, section 21, namely physical or mental harm (whether temporary or permanent).