MGA Independent Businesses Australia has welcomed new Victorian laws that will give retailers an additional tool to protect workers from repeat violence, threats, abuse and intimidation in the workplace.

The Workplace Protection Orders Act 2026 establishes a new Workplace Protection Order (WPO) scheme, allowing eligible retail businesses to apply to the Magistrates’ Court – or Children’s Court where applicable – for an order restricting an individual from entering or approaching a workplace or contacting its workers.

MGA CEO Martin Stirling said the introduction of Workplace Protection Orders was a positive step towards giving retailers more practical options to protect their people.

“Independent retailers and their staff play an incredibly important role in their local communities, and no one should have to accept violence, threats or intimidation simply because they turn up to work,” Mr Stirling said.

“MGA has advocated nationally for stronger protections for retail workers, including Workplace Protection Orders, and we are pleased to see Victoria introduce another practical mechanism that businesses can use to help keep their people safe.”

What is a Workplace Protection Order?

A Workplace Protection Order is a civil court order designed to prevent further unacceptable conduct towards workers.

Under the legislation, unacceptable conduct includes physical or sexual violence or abuse, stalking, and other conduct that causes a person to experience a reasonable fear of harm, including coercion, intimidation and threats of harm.

Importantly, a person does not need to have been charged with or convicted of a criminal offence for a court to determine that unacceptable conduct has occurred.

A retail operator can apply where the relevant requirements are met, including that unacceptable conduct occurred within the previous 12 months and the court is satisfied the person is likely to engage in further unacceptable conduct at the same workplace.

How could an order protect your staff?

Depending on the circumstances, a court will be able to prohibit an individual from:

• entering or coming within a specified distance of the workplace;
• engaging in unacceptable conduct at the workplace;
• communicating with protected workers;
• possessing or using firearms or other weapons; or
• using another person to do something the order prohibits them from doing.

When determining the conditions of an order, the court must give paramount consideration to the safety and protection of workers.

Orders can remain in place for up to 12 months, and breaching an order will be a criminal offence carrying a maximum penalty of two years’ imprisonment.

For independent retailers dealing with repeat offenders, this provides an important preventative option. Rather than relying solely on action after another incident occurs, an order could place enforceable restrictions on an individual’s future access to the store and contact with its workers.

Mr Stirling said while the legislation was a welcome step, there were opportunities to strengthen the scheme.

“Workplace Protection Orders give retailers another practical way to protect their staff where there is an ongoing risk from a repeat offender, and that preventative element is important.”

“We would also like to see consideration given to an urgent interim order process for situations where there is an immediate risk to workers.”

What should retailers do now?

The Workplace Protection Order scheme will commence on a date to be proclaimed, or 26 July 2027 at the latest.

Until then, retailers should continue to report violence, threats and other criminal behaviour to Victoria Police and maintain appropriate workplace safety procedures.

The new scheme also reinforces the importance of documenting incidents involving aggressive or violent customers. Applications will need to identify the person concerned, state the grounds and conditions being sought, and be accompanied by an affidavit setting out the facts and circumstances relied upon.

Good incident records – including dates, descriptions of behaviour, witnesses, CCTV footage, police reports and previous interactions where available – may therefore be particularly important when dealing with a repeat offender.

MGA will provide members with further guidance ahead of the scheme commencing.