Key takeaways

• Commonwealth entities, rather than individual workers, may apply for workplace protection orders
• The scheme applies broadly to Commonwealth workers and workplaces
• “Personal violence” extends beyond physical harm to include threats, harassment and intimidation
• Orders regulate contact and access while preserving access to essential Commonwealth services.

The CWPO scheme: key features

The CWPO Act establishes a standalone Commonwealth regime for workplace protection orders, reflecting increased concern about the safety risks faced by Commonwealth workers. Applications are made by an authorised person of a Commonwealth entity, such as the CEO of an Agency or delegate, and are brought on behalf of affected workers or workplaces.

The CWPO scheme has a wide reach. It applies to Commonwealth workers including employees, contractors, volunteers and others performing work for a Commonwealth entity. It also applies to Commonwealth workplaces, which may extend beyond traditional offices to include service centres, outreach locations, mobile workplaces and work vehicles.

Courts may make interim, urgent interim or final orders where satisfied that a respondent has engaged in, or poses a real risk of engaging in, personal violence connected with a worker’s official duties. Personal violence is defined broadly and includes physical violence, threats of harm, aggression, harassment, intimidation and other harmful non‑physical conduct, including conduct carried out electronically. The conduct must interfere with a worker’s ability to perform their functions or with safe access to Commonwealth services.

Final CWPOs may be made for periods of up to two years and may later be varied or revoked. Courts may also make consent orders where appropriate. Conditions can include restrictions on contacting specified workers or attending particular Commonwealth workplaces. While CWPOs cannot deny a person access to Commonwealth services or benefits, it may regulate how and where that access occurs in order to protect Commonwealth workers and workplaces.

A breach of a CWPO is a criminal offence carrying significant penalties, including a prison term of up to 2 years. The CWPO scheme is intended to operate alongside existing state and territory protection order regimes and does not prevent applications being made under local legislation where that is more appropriate.

Practical implications for Commonwealth entities

The commencement of the CWPO Act has immediate governance and operational implications for Commonwealth entities. In practice, the agencies best placed to deploy the scheme effectively will be those that already have clear internal decision‑making and evidence‑gathering processes.

At a minimum, entities should ensure that:

• Internal decision‑making frameworks are in place to assess when a CWPO application is appropriate, including clear escalation pathways for urgent matters; and
• Established processes exist for collecting, preserving and presenting evidence of alleged personal violence, such as incident reports, security footage, access logs and electronic communications.

Putting these arrangements in place in advance will help ensure that applications can be made quickly and effectively when serious safety issues arise.

Conclusion

The introduction of the CWPO scheme represents an important development in how risks of workplace violence affecting Commonwealth workers can be managed. By enabling entities to seek protection orders directly, the scheme removes a substantial legal and practical burden from individual workers and allows agencies to respond more decisively to serious threats.

For Commonwealth entities, the commencement of the CWPO Act underscores the importance of clear internal authorisations, sound evidence‑gathering practices and coordination between safety, HR and legal teams. Ensuring those frameworks are in place will be central to the effective and appropriate use of CWPOs under the new regime.

If you require assistance applying for a CWPO or reviewing or developing internal policies to support the operation of the scheme, please contact William Gallagher, Associate, or Emma Reilly, Canberra Managing Partner.