Victorian Workplace Protection Orders: What Employers Need to Know

Key takeaway for employers

• Violent customers could soon be banned from Victorian retail and transport workplaces.
• Victoria's new Workplace Protection Order scheme will give eligible employers a new tool to protect frontline workers from violence, abuse, stalking and other threatening conduct.
• With commencement expected in March 2027, now is the time to review workplace safety and incident response procedures.

Victoria introduces Workplace Protection Orders

Retail and transport operators will soon have a new tool to deal with violent and abusive customers, with the Victorian Parliament late last week passing the Workplace Protection Orders Act 2026. The legislation establishes a court-based scheme designed to protect frontline workers from violence, abuse, stalking and other threatening conduct.

The reforms come amid growing concern about retail crime and customer aggression in Victoria, with unions and industry groups alike advocating for stronger measures to address violence, threats and abuse directed at frontline workers.

Once the scheme commences, employers and unions will be able to seek Workplace Protection Orders (WPO) against individuals who engage in serious misconduct towards workers.

What is a Workplace Protection Order?

A WPO is a court order that can restrict or prohibit a person from entering or attending a retail or transport workplace.

The Act defines “unacceptable conduct” as physical violence or abuse, sexual violence or abuse, stalking within the meaning of section 21A of the Crimes Act 1958, or other conduct that causes a person to experience a reasonable fear of harm.

Orders may remain in force for up to 12 months and can include conditions prohibiting a person from:

• entering a workplace; 

• coming within a specified distance of a workplace;

• communicating with protected workers;

• attending certain transport routes; or

• possessing weapons.

Which employers are covered?

The scheme applies to:  

• retail operators; and
• specified train, tram and bus operators, including ticket sale locations and ticketed-access areas. 

While the Government has frequently described the reforms as protecting retail, fast-food and hospitality workers, coverage ultimately depends on whether the business falls within the Act's definitions of a retail operator or transport operator.

A retail operator is defined as an entity that carries out a business with the predominate purpose of which is the provision of goods for sale or hire (including by auction) on a retail basis.

How can an order be applied for?

A WPO may be sought by an applicable business operator (retail or transport operator), or by an employee union.

An application must:

1. be in writing; 
2. identify the respondent; 
3. state the grounds on which the order is sought; 
4. state the conditions that are sought to be imposed under the order; and
5. be accompanied by an affidavit that sets out the facts, matters and circumstances on which the application relies.

Where a union applies, it must generally notify each relevant business operator at least five days before the application is listed for hearing.

When can the Court make an order?

The Court may only make a WPO where the statutory criteria are satisfied, including that the respondent:

1. is at least 14 years old;
2. has engaged in unacceptable conduct within the previous 12 months; and 
3. is likely to engage in further unacceptable conduct at the same workplace, and making the order is appropriate in all the circumstances. 

The proposed conditions must also be proportionate and must not limit the respondent's rights and liberties more than is necessary to prevent further unacceptable conduct.

Importantly, the Court must give paramount consideration to the safety and protection of workers when determining what conditions should be imposed.

The scheme is not generally available against workers employed by the relevant operator. This reflects the Act's primary focus on violence, threats and abuse committed by customers and other third parties, rather than workplace disputes involving co-workers.

Workplace issues involving employees will generally continue to be dealt with through internal workplace processes and existing workplace relations and employment law mechanisms.

What happens if an order is breached?

A respondent who contravenes a condition of a WPO commits a criminal offence carrying a maximum penalty of two years' imprisonment.

These penalties are intended to deter repeat offending and reinforce that violence and threatening behaviour towards workers will not be tolerated.

When will the WPO scheme commence?

Although the Act has now passed Victorian Parliament, the WPO scheme is not yet operational. The Victorian Government has announced its intention to commence the scheme on 1 March 2027, ahead of the Act's default commencement date of 26 July 2027.

Key action for employers

Employers should take positive and proactive steps to protect workers, rather than relying solely on court-based remedies after incidents occur.

This includes identifying and managing psychosocial risks that may arise from aggression, threats, violence or repeated exposure to unsafe customer behaviour, and ensuring workers have clear support, reporting and escalation pathways.

Additional steps employers can take include:

• Reviewing procedures for responding to customer aggression, violence, threats and stalking.
• Ensuring employees know how to escalate incidents, contact police and access support.
• Keeping reliable incident records, including evidence that identifies the offender and shows any continuing risk.
• Reviewing security arrangements, duress systems, staffing levels and access controls at higher-risk locations.
• Providing practical training on de-escalation, emergency response and post-incident reporting.
• Setting a process for identifying repeat offenders and assigning internal responsibility for incident management.
• Planning how any application or court process will minimise further trauma for affected workers.
• Reviewing policies and procedures before the scheme commences, including determining who within the organisation will be responsible for assessing and managing potential WPO applications.

Questions?

For enquiries regarding these reforms, please contact our team at info@ablawyers.com.au. Employers who subscribe to the Workplace Advice Line can contact the service for advice and support in navigating these changes.