LEGAL ALERT

New changes to workplace violence laws in South Australia

18 June 2026

As of 4 May 2026, the Workplace Protection (Personal Violence) Act 2025 (SA) (WPPV Act) has come into force in South Australia, with the intention of implementing measures to reduce incidents of workplace violence.[1]

The WPPV Act applies to a ‘workplace’, which is defined as:

‘a place where prescribed work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while undertaking prescribed work’.

For the purposes of the WPPV Act, prescribed work means:

‘work that requires direct interaction with members of the public (irrespective of whether the interaction is in person or not)’.

The WPPV Act establishes a scheme for Workplace Protection Orders (WPO). An employer, employer association, owner/occupier of a premises, health and safety representative and/or union can apply to the South Australian Magistrates Court (Court) for an WPO, if a person:

(a)   has engaged in personal violence in relation to a workplace; and
(b)   may engage in personal violence in relation to a workplace during the time the order is proposed to operate if the order is not made.

For the purposes of the WPPV Act ‘personal violence’ means:

(a)   physical violence or abuse;
(b)   sexual violence or abuse;
(c)   threatening behaviour;
(d)   stalking;
(e)   harassing, intimidating or offensive behaviour; and
(f)    damaging property (where such damage causes reasonable fear to a person at the workplace).

A WPO may restrict a person by:

(a)  prohibiting them from entering the workplace;
(b)  prohibiting them from being within a particular distance from the workplace;
(c)  prohibiting them from doing anything that is personal violence in relation to the workplace;

(d)  prohibiting them from causing someone else to do anything that is personal violence in relation to the workplace; and/or

(e)  stating the conditions on which they may –
i. be in the workplace; or
ii. approach or contact a particular person.

What this means for employers

Employers should be aware of the changes and the impact it will have on their business.

Employers should consider the potential for WPOs to act as a control measure when considering their workplace health & safety obligations pursuant to the Work Health and Safety Act 2012 (SA).

EMA Legal can provide advice on these changes.

 

[1] Workplace Protection (Personal Violence) Act 2025 (SA)

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This Newsletter is made available to our clients and interested parties to provide immediate access to information about important changes and developments relevant to employers. The information contained in this publication should not be relied on as legal advice and should not be treated as a substitute for detailed advice that takes into account particular situations and the particular circumstances of your business.