Assaults on Customer-Facing Workers (Vic)
The Victorian government has passed new legislation concerning assaults on customer-facing workers such as retail and hospitality staff. The changes were passed because assaults and threats are increasingly common in the customer service world. This page outlines the new laws against assaults on customer-facing workers.
Legislation
The amendments are contained in the Crimes Amendment (Retail, Fast Food, Hospitality, and Transport Worker Harm) Bill 2025. The Bill makes changes to the Crimes Act 1958 and the Summary Offences Act 1966.
What is a customer-facing worker?
The new offences involve acts committed against ‘customer-facing’ workers. This includes hospitality workers, retail workers, shopping centre workers, and passenger transport service workers who are dealing with customers.
The offence does not have to occur in a public place. This means that incidents that occur in offices, kitchens and storerooms may also qualify. However, the conduct must be connected to the person’s duties as a customer-facing worker.
This includes incidents that occur:
- when the person is performing their duties
- when the person is taking a break from their duties
- when the person is arriving at or leaving a place where they perform their duties
- in response to a thing done or not done by a person in the course of their duties.
To be found guilty of one of the offences outlined below, an accused person must have known or been reckless as to whether the victim was a customer-facing worker.
New summary offence
Under section 17AA of the summary offences act 1966, it is now an offence to, without a lawful excuse:
- use language that is profane, indecent, obscene, threatening, abusive or insulting; or
- otherwise engage in conduct that is threatening, indecent, offensive or insulting
towards a customer-facing worker in connection with their duties.
The maximum penalty for this offence is a fine of 25 penalty units or imprisonment for six months.
New indictable offence
Under section 31(1) of the Crimes Act 1958, a new category of assault on a worker has been created. Under this section, a person who assaults or threatens to assault a customer-facing worker in connection with their duties will be liable to a maximum penalty of imprisonment for five years.
‘Ram-raid’ offence
Under section 77 of the Crimes Act 1958, there is now a new category of aggravated burglary.
This offence involves ‘ram raids’, which occur when a person uses a vehicle to cause damage to a building, or part of the building, in order to gain access. The vehicle involved may be a car, motorbike, vessel, forklift or other heavy machinery. A person who commits this type of aggravated burglary is liable to a maximum penalty of imprisonment for 25 years.
ALP member Anthony Calbines noted in the second reading speech for the Bill that this type of offending is increasingly common and can be very dangerous and traumatic for staff, business owners and the community.
Conclusion
A person who commits an assault or abuses a customer-facing worker in Victoria may be charged with a summary offence or an indictable offence, depending on the level of seriousness involved.
The police have a discretion as to which charge to lay. The police also have a discretion to issue a caution rather than laying a charge where this is appropriate.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.