Tougher Penalties in New South Wales to Protect Emergency Workers

A paramedic unloads a patient from an ambulance at Royal Prince Alfred Hospital in Sydney, Australia on January 10, 2022 . Photo by Jenny Evans/Getty Images

New South Wales (NSW) Premier Dominic Perrottet has pledged to introduce stricter penalties for those who assault frontline health and emergency workers, following an NSW Sentencing Council report recommendations.

This will take the form of new offences which treat the assault of these workers separately from common assault, similar to the offences associated with assaulting a police officer or other law enforcement officer.

While the report— “Assaults on Emergency Service Workers”—recommended introducing new specific offences for assaults against frontline health workers and correctional staff only, Perrottet said his government would go a step further by ensuring the NSW Rural Fire Service, Fire and Rescue NSW, NSW National Parks and Wildlife Service, and State Emergency Service workers are all covered under the new offences.

“Our frontline emergency workers perform an essential public service in keeping our community safe and protecting lives, property and health,” he said.

“We are committed to increasing protections for our emergency services workers and ensuring that sentencing for assaults and other actions against these workers is appropriate.

“They keep us safe, and we will do whatever we can to keep them safe too.”

Deputy Premier and Minister for Police, Paul Toole, said the new offences for assaulting frontline emergency workers would align with current penalties for assaulting police officers and other law enforcement officers.

Under Section 60 of the Crimes Act 1900 (NSW), assaulting, throwing a missile at, stalking, harassing or intimidating a police officer carries a sentence of up to five years’ imprisonment, while if the assault causes actual bodily harm, the maximum prison sentence extends to seven years.

In comparison, common assault of a civilian or emergency worker currently would incur a maximum of two years imprisonment, whereas if occasioning actual bodily harm, a maximum term of five years would apply.

Toole said that this alignment of the penalties reflects the importance of emergency service workers in the community and will “help safeguard against unruly culprits who think they are above the law.”

“Our frontline emergency service workers, including our men and women in blue, put their lives on the line every day, going above and beyond to protect and serve the community,” he said.

The Minister for Health, Minister for Corrections, and Minister for Emergency Services and Resilience all welcomed the news,  speaking of their respective workers’ commitment to the community and that there is no excuse for violence against them.

In preparation for its report, the NSW Sentencing Council consulted victims’ advocates, legal experts, the NSW Police Force, Corrective Services NSW, and the Director of Public Prosecutions.

In addition, submissions were received from a number of stakeholders, including Legal Aid NSW, the Australian Medical Association (NSW), and the Public Service Association of NSW.

The NSW government aims to introduce these reforms by mid-2022.