New safeguards for Commonwealth public servants against workplace violence

A new legal scheme will take effect on 5 May 2026 to enable Commonwealth workers to obtain Commonwealth workplace protection orders (CWPOs) to prevent personal violence against them or in Commonwealth workplaces.

A Commonwealth worker is a person who carries out work in any capacity for the Commonwealth, including contractors, security guards, volunteers, and persons employed in the offices of Members of Parliament.

A Commonwealth workplace is any place where a Commonwealth worker ordinarily goes, or is likely to be, while carrying out work. This may include mobile service centres, mobile shopfronts, an emergency relief centre or a work vehicle. It doesn’t include a place that is owned or occupied by a court of a state or territory.

A person engages in personal violence if the person causes, or threatens to cause, harm or a reasonable fear of harm to another person in a way that interferes with the functioning of the Executive Government of the Commonwealth. This may include interfering with the ability of a Commonwealth worker to do their job or of a person to safely access Commonwealth benefits or services.

Applying for a CWPO

An application for a CWPO is made to a Court by the head of the entity where the Commonwealth worker works or that is responsible for the workplace. Workers affected by threatening conduct can ask their employer to apply for an order on their behalf, though employers are not obliged to do so, and the worker’s consent is not required. Orders can be sought through federal courts or relevant state and territory courts.

The CWPO can be made by a court on an interim and final basis. If a court decides to make a CWPO, it may impose any conditions the court considers necessary or desirable to prevent further personal violence by the respondent, or to ensure the safety of a Commonwealth worker or Commonwealth workplace.

The Commonwealth Workplace Protection Orders Act 2025 is intended to operate concurrently with state and territory laws. The existence of a CWPO won’t prevent a protective order being applied for or made against the respondent under a state or territory law.

CWPOs are designed to prevent physical or non-physical harm, including aggression, intimidation, harassment or threatening conduct. For instance, a CWPO may prevent a person from contacting a particular Commonwealth employee, while still allowing them lawful access to government services or benefits.

Implementing the scheme

The CWPO scheme responds to growing security concerns for Commonwealth staff. Between 2024 and 2025, Services Australia reported 1,510 serious incidents at its in-person service centres. In May 2023, a severe assault on a Services Australia employee prompted the 2023 Security Risk Management Review, conducted by former Victoria Police Commissioner Graham Ashton AM APM. One recommendation from that review was to expand ACT-style Workplace Protection Orders across Australia. Similar attacks, including assaults on Australian Border Force contractors in May 2025, underscored the urgent need for a comprehensive protective framework.

It remains to be seen whether this scheme will be rolled out by state and territory governments to apply to public sector workers in their jurisdictions.

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