Workplace Protection Orders

Threats, harassment and violence do not always happen at home.

Sometimes, the problem happens at work.

It might involve:

• an abusive customer threatening staff,
• a former employee refusing to stay away,
• workplace stalking,
• repeated intimidation,
• an ex-partner turning up at a workplace,
• harassment of reception or front-line staff,
• or behaviour that leaves workers feeling unsafe.

Until recently, many South Australians assumed there were limited legal options unless police laid criminal charges or a traditional Intervention Order could be obtained.

That has now changed.

A new law — the Workplace Protection (Personal Violence) Act 2025 — has introduced a new type of Court order specifically designed to deal with violence, harassment, intimidation and threats connected to workplaces.

For businesses, workers and employers, this may provide an important new legal option where workplace safety is at risk.

What Is a Workplace Protection Order?

A Workplace Protection Order is a Court order designed to protect people from personal violence connected to a workplace.

Importantly:

This is not simply another Intervention Order.

It is a separate legal regime designed specifically for workplace-related risks and conflict.

The legislation recognises that workplace safety concerns do not always involve physical assaults.

Under the Act, “personal violence” includes:

• physical violence or abuse,
• sexual violence or abuse,
• threatening behaviour,
• stalking,
• harassment,
• intimidation,
• offensive behaviour,
• and damage to workplace property.

This means legal protection may potentially be available before a situation escalates into actual violence.

Can I Get a Workplace Protection Order Without Physical Violence?

Yes.

This is one of the most important aspects of the new legislation.

Many people assume:

“Nobody has actually assaulted anyone, so there’s nothing we can do.”

That is not necessarily correct.

The Act specifically recognises behaviour such as:

• threats,
• stalking,
• harassment,
• intimidation,
• offensive behaviour,
• and conduct that creates safety concerns for workers.

This means protection may potentially be available in situations involving escalating behaviour, even where criminal charges have not been laid.

For example, repeated intimidation of staff, threatening messages, aggressive behaviour toward reception personnel or ongoing workplace harassment may justify legal intervention depending on the circumstances.

What Types of Situations Might Workplace Protection Orders Cover?

The legislation is deliberately broad.

Depending on the circumstances, Workplace Protection Orders may be relevant where there is:

Harassment or Threats by Customers or Clients

A medical practice repeatedly threatened by a patient.

A retail store dealing with an abusive customer.

A professional office subjected to threatening or intimidating conduct.

Many employers are surprised to learn that protection may now be available in situations involving customers or members of the public.

Former Employees Returning to Harass Staff

In some situations, a former employee may continue intimidating or harassing workers after employment has ended.

Repeated attendance at a workplace, threats, stalking or abusive communications may potentially justify protection.

Ex-Partners Attending a Workplace

Sometimes personal relationships spill into the workplace.

An ex-partner repeatedly turning up at work, creating fear, intimidation or disruption may fall within the new protections regime.

Violence or Harassment Directed at Front-Line Workers

Reception staff, customer-facing workers, healthcare staff, retail workers and service providers can be particularly vulnerable to threatening conduct.

The new legislation may provide additional legal tools to improve workplace safety.

Who Can Apply for a Workplace Protection Order?

One of the most significant features of the new law is that applications are not limited to individual workers.

Depending on the circumstances, an application may be made by:

• an employer,
• the owner or occupier of workplace premises,
• a workplace health and safety representative,
• an employer association,
• or a union representing workers at the workplace.

This means businesses may now have legal options to protect workers from threatening, abusive or violent behaviour.

For example:

an employer may seek an order against an abusive customer,

or

a workplace may seek protection from someone repeatedly intimidating staff.

This aspect of the legislation is likely to become particularly important for employers concerned about workplace safety obligations.

Can the Court Make an Order Quickly?

Potentially, yes.

The Court has the power to make an Interim Workplace Protection Order before a final hearing where immediate protection is necessary.

This may occur where urgent action is needed to:

• protect workers from personal violence,
• address escalating intimidation,
• prevent stalking or threatening conduct,
• or stop substantial damage to workplace property.

In urgent cases, applications may be prioritised by the Court.

In other situations, there may first be a preliminary conference or mediation process aimed at resolving issues without a contested hearing.

What Conditions Can a Workplace Protection Order Include?

The Court has broad powers when making Workplace Protection Orders.

Depending on the circumstances, a Workplace Protection Order may:

• prohibit someone from attending a workplace,
• prevent them from coming within a specified distance,
• stop threatening or intimidating conduct,
• prohibit harassment,
• restrict contact with particular workers,
• or regulate how communication can occur.

In some situations, firearm licences and firearms may also be affected.

Importantly, the Court must attempt to impose conditions that are only as restrictive as necessary while still protecting workplace safety.

How Long Does a Workplace Protection Order Last?

Unlike ordinary Intervention Orders, which often continue indefinitely, Workplace Protection Orders generally operate for 12 months, unless the Court orders a shorter or longer period.

Depending on the circumstances, the Court may later:

• vary the order,
• extend it,
• shorten it,
• or revoke it altogether.

What Happens If Someone Breaches a Workplace Protection Order?

Breaching a Workplace Protection Order is a criminal offence.

This is not simply a warning or administrative process.

Depending on the circumstances, breaching an order may result in:

• arrest,
• criminal charges,
• fines,
• or imprisonment.

Police also have powers to arrest a person without warrant if they reasonably suspect a breach has occurred.

This means Workplace Protection Orders carry serious legal consequences.

Workplace Protection Orders vs Intervention Orders — What Is the Difference?

This is one of the most common questions people ask.

In some situations, an ordinary Intervention Order may still be the appropriate legal option — particularly where the issue concerns domestic relationships, family members or personal disputes outside work.

However, where threats, intimidation or violence are specifically connected to a workplace, the new Workplace Protection Order regime may be more suitable.

For example, issues involving:

• abusive customers,
• threatening former staff,
• workplace stalking,
• harassment of employees,
• or violence connected to a workplace

may fit more naturally within the new protections regime.

Obtaining legal advice early can help determine which pathway is likely to be most appropriate.

Common Mistakes People Make With Workplace Harassment or Violence

Because the legislation is new, many people do not realise what options may be available.

Some common mistakes include:

Assuming nothing can be done unless someone is assaulted

Threats, harassment, intimidation and stalking may still justify legal protection.

Waiting Until the Behaviour Escalates

Often, intervention at an earlier stage may help prevent a more serious situation developing.

Assuming Police Charges Are the Only Option

Even where criminal charges are not laid, a Workplace Protection Order may still be available.

Thinking Employers Cannot Take Action

Many employers do not realise they may now be able to seek orders to protect workers and workplaces.

Do I Need a Lawyer for a Workplace Protection Order?

Every situation is different.

Whether you are: > an employer trying to protect staff,

a worker concerned about threats or harassment,

or

responding to an application made against you,

obtaining advice early can make an important difference.

At Websters Lawyers, we advise both workers and employers regarding workplace-related violence, harassment and Workplace Protection Orders.

If your workplace is affected by threats, intimidation, stalking, harassment or violence, contact Websters Lawyers for a confidential discussion about your legal options.

Call 8231 1363 to speak with one of our lawyers.