Offences of violence committed against persons in the workplace have changed
In sentencing offenders for offences of violence, section 9(2A) of the Penalties and Sentences Act (the Act) applies. This section designates violent offences in a category where imprisonment is no longer a sentence of last resort. However, recent amendments to the Act, derived from the Respect at Work and Other Matters Amendment Act 2024, have introduced changes that affect how violent offences are treated in circumstances where the victim or complainant was operating in their workplace at the time of the offence.
The changes came into effect in September 2024 and include the introduction of new subsections 10E, 10F, and 10G within section 9.
The effect of the amendments
The major change, as introduced by the 2024 amendments is the requirement that courts must treat the fact that an offence occurred within the victim’s workplace—or was directly related to their employment duties—as an aggravating factor. This applies not only to public sector employees but also to individuals in other employment arrangements, including volunteers and contractors . This means that violence against workers will be considered more seriously during sentencing. A common or more frequent example of this type of offending often seen by the Court, includes assault/s against a security guard’s or bar staff working within a licensed venue.
Increased severity of sentences
The practical reality of the amendments are that there is now an increased likelihood of more severe sentences for offences involving workplace violence. While the Court is still bound by Section 9(11), which ensures that the sentence imposed is not disproportionate to the gravity of the offence, and the maximum penalty for an alleged offence is not increased by the amendments, the introduction of these new aggravating factors means that offences of workplace violence could be treated as more serious. The likely result of these changes is that their may be shift in sentencing practices that reflects the seriousness with which the law now views violence against employees, especially in their professional environment.
In a report released by the Queensland Sentencing Advisory Council , it was noted that “the amendments will signal to the community that violence or threats of violence against workers will be regarded more seriously by the courts.” The council further noted “…that this will serve an important communicative function, highlighting the value placed on the safety and well-being of those performing work in all sectors, not just the public sector”.
Retrospective application
Importantly, the amendments to the Act operate retrospective of the offence date. Section 262 of the Act states that the revised version of Section 9 applies to the sentencing of an offender regardless of whether the offence or conviction occurred before or after the amendments came into effect in September 2024. This means that even cases that predate the imposition of the amended section 9, are still be subject to the new sentencing guidelines.
- 1 Penalties and Sentences Act 1992, s9(2A).
- 2 Penalties and Sentences Act 1992.
- 2 Penalties and Sentences Act 1992.
- 4 Penalties and Sentences Act 1992, s9(10E).
- 5 Penalties and Sentences Act 1992, s9(10F)
- 6 Penalties and Sentences Act 1992, s9(10G).
- 7 Penalties and Sentences Act 1992, s9(11).
- 8 Penalties and Sentences Act 1992, s262.
