28 June 2023

I also make a brief contribution to debate on the Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023. Many members have stood here in recent times and spoken about the importance of the long overdue recognition of workers' rights, whether they are teachers, cleaners, retail workers or paramedics. It is worth mentioning, although it does not need to be said, that the Minns Labor Government is making that a priority. As we know, the purpose of the bill is to amend the Crimes Act 1900 to introduce dedicated offences for assaults against retail workers with higher maximum penalties than general assault offences. I look forward to sharing this with retail workers in the Blue Mountains and their families and friends.

By way of background, during the March 2023 State election the New South Wales Government, when in opposition, committed to giving retail workers greater protection against assaults, threats and abuse by extending to them the laws that provide higher penalties for assaults against frontline health and emergency workers. In layperson's terms, the content of the bill will amend the Crimes Act and introduce specific offences and associated definitions for assaults against retail workers when committed in the course of the worker's duty. We have already heard in this place details of those offences.

Again, for the record and the benefit of my community, the offences are: assaulting, throwing a missile at, stalking, harassing or intimidating a retail worker in the course of the worker's duty when no actual bodily harm is caused to the worker—a maximum penalty of imprisonment for four years; assaulting a retail work in the course of the worker's duty and causing actual bodily harm to the worker—a maximum penalty of imprisonment for six years; and wounding or causing grievous bodily harm to a retail worker in the course of the worker's duty while being reckless—a maximum penalty of imprisonment for 11 years. It is incumbent upon each and every one of us to communicate this through a variety of means within our communities, the message being that all workers have the right to go to work, to serve customers and to be treated with dignity and respect.

I listened to the contribution by the member for Auburn and note that retail workers are often young people—in particular, young women. Through COVID they had to bear the brunt of people's frustration and anger. This bill acknowledges that that behaviour is absolutely unacceptable. I note that the offence structure is modelled on the offence structure for assaults against police, other law enforcement officers, frontline health workers and frontline emergency workers. I believe that many who work in the retail sector will feel a sense of dignity from being included in that cohort.

I take a moment to acknowledge all of the retail workers throughout the Blue Mountains. I also recognise the union campaign, No One Deserves a Serve. Over 6,000 responses from workers about their experiences with customer violence and abuse were collected through that campaign. The statistics are very sobering. During COVID my office heard many examples that fed into these statistics. The campaign revealed that 88 per cent of respondents had experienced verbal abuse in the past 12 months. Almost half of the respondents who experienced that verbal abuse said it occurred weekly or monthly. As we have heard from other members in this place, female workers were more likely to have experienced verbal abuse from a customer than male workers. Almost all respondents said that they had been the victim of some sort of abuse from a customer.

Over 10 per cent of respondents said they had experienced incidents of customer abuse that was sexual in nature. It is an ugly truth, and it is important to make that point during debate on this bill. Further, 70 per cent of respondents said that abuse and violence was far more frequent during COVID, and one‑fifth of respondents said they had been coughed on or spat at during COVID. My office heard anecdotes of incidents like this from distressed callers throughout the COVID period. When we think about assaults, threats, intimidation and violence, we must note that the impacts last for many days, weeks and months afterwards. I am not surprised to learn that more than 70 per cent of respondents said that the experience had impacted their mental health. Previous speakers have provided quotes from retail workers, detailing their experiences. I add to those a quote from a young female retail worker:

Once when I was pregnant I was grabbed by the throat and dragged over the counter because we don't give refunds on certain products.

I acknowledge the presence of both the Minister for Industrial Relations and Minister for Work Health and Safety, and the Attorney General in the Chamber. I commend the bill to the House.