Tasmanian security officers will now have stronger protections from assault following the passing on 13 December of the Sentencing Amendment (Presumptive Sentencing for Assaults on Frontline Workers) Bill 2024.
The Sentencing Amendment (Presumptive Sentencing for Assaults on Frontline Workers) Bill 2024 (the Bill) amends the Sentencing Act 1997 to introduce a minimum sentencing presumption for assaults and other offences causing serious bodily harm against frontline workers.
The legislation creates a minimum sentencing presumption of six months imprisonment for assaults and other offences causing serious bodily harm against Tasmanian frontline workers.
“This is the first legislation that mandates a minimum sentence to pass the Tasmanian Parliament in 10 years, and is a very positive outcome for frontline workers, and their families,” said Attorney-General and Minister for Justice, Guy Barnett.
“It will ensure that anyone who assaults our frontline workers – be it child safety officers, our correctional services officers, our firies, our ambos, security guards, our health workers and more – will feel the full force of the law,” he said.
“The Government worked with many stakeholders from across Tasmania to ensure the successful outcome of this legislation, and I thank them for their work, particularly the Tasmanian Hospitality Association, the Tasmanian Small Business Council, the Tasmanian Chamber of Commerce and Industry, the National Retail Association and the Tasmanian Bus Association.”
According to a Tasmanian Parliament factsheet, the presumption of minimum sentencing provision proposed in the Bill will not apply where the Court is of the opinion that the imposition of such a sentence would be unjust when considering the circumstances of the offence or the offender.
The provision will also not apply to offenders who are under the age of 18 years at the time the crime was committed, or, in certain circumstances, to offenders who have impaired mental functioning that is causally linked to the crime.
In its March 2024 submission to the Tasmanian Government, ASIAL (the Australian Security Industry Association Limited) urged inclusion of security officers as frontline workers.
According to the Association, advocacy for the recognition of security officers as frontline workers has been a focus of ASIAL’s over the past 12 months.
The Bill covers certain categories of frontline workers, such as nurses and many healthcare sector workers, emergency service workers, transport workers and retail and hospitality workers, security officers and public officers, who are all considered to be exposed to a greater risk of harm in the course of carrying out their employment duties.
The amendments will apply from the commencement day, which is the day the Bill receives Royal Assent.
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