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Workplace protection orders

From 4 May 2026, the Workplace Protection (Personal Violence) Act 2025 (SA) provides a mechanism for workplace protection known as a workplace protection order.

The Magistrates Court (or the Youth Court in relation to a youth) may issue a workplace protection order if satisfied that a person (the defendant) has engaged in personal violence in relation to a workplace and may engage in personal violence in relation to the workplace during the period that the order is proposed to operate [Workplace Protection (Personal Violence) Act 2025 (SA) s 9(1)].

Personal violence means any of the following behaviours in relation to another person [s 4]:

  • physical violence or abuse
  • sexual violence or abuse
  • threatening behaviour
  • stalking
  • harassing, intimidating or offensive behaviour
  • property damage.

A workplace is a place where prescribed work is carried out for a business or undertaking [s 5(1)]. It includes any place where a worker goes while undertaking prescribed work. Prescribed work means work that requires direct interaction with members of the public (whether in person or otherwise) [s 5(3)]. This broad definition could include call centres, health and medical service providers, or any commercial premises with a reception or showroom or area that admits members of the public. Further types of work and workplaces may be included or excluded by regulation [s 5(3)].

An application for a workplace protection order may be made in relation to a particular workplace by an employer, the owner or occupier of the workplace premises, a representative of an employer association of which an employer is a member, a health and safety representative, and a union entitled to represent workers at the workplace [s 6(1)].

In deciding whether to make a workplace protection order, the court must consider a range of factors including the objects of the Act, any hardship that may be caused by the order, any previous personal violence of the defendant, any previous protection order or intervention order made in relation to the defendant (as well as any previous contraventions), and the need to protect property from damage [s 9(2)].

The court may make an interim workplace protection order if satisfied that it is necessary to ensure the safety of an affected person from personal violence or prevent substantial damage to workplace property [s 8]. An interim order will end when a workplace protection order is made or proceedings finalise, unless the order or the court states otherwise [see s 8(4)].

A workplace protection order and an interim workplace protection order may be made without the court considering the grounds for the order or hearing evidence if the defendant consents to the order [s 10]. Always seek legal advice before consenting to binding court orders.

All workplace protection orders (including interim orders) are subject to a condition that the defendant surrender any firearms, ammunition and firearms licence or permit in their possession to the Registrar of Firearms [s 11(1)(a)]. Orders may otherwise include any conditions the court considers necessary, having regard to the safety and protection of affected persons as the paramount consideration [s 11(1)(b), (2)]. A workplace protection order may:

  • stop the defendant from entering the workplace or being within a particular distance from it
  • stop the defendant from performing an act of personal violence in relation to the workplace or causing someone else to
  • set conditions that the defendant must comply with to be in the workplace or engage with certain people.

The conditions imposed must be the least restrictive of the defendant's personal rights and liberties as possible while still achieving their protective purpose [s 11(3)].

Workplace protection orders come into force when served on the defendant [see s 12] and remain in force for 12 months, or a shorter period stated in the order, unless the court is satisfied exceptional circumstances justify a longer period [s 14]. Section 15 allows the original applicant, a protected person, and the defendant to apply for variation or revocation of a workplace protection order.

It is an offence to contravene a workplace protection order, with a maximum penalty of imprisonment for 2 years, or 5 years if the offence involves personal violence [s 16].

Workplace protection orders  :  Last Revised: Fri May 1st 2026
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.