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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Legislation Amendment (Assaults on
Frontline Emergency and Health Workers)
Bill 2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes Act 1900 No 40 3
Schedule 2 Amendment of Criminal Procedure Act 1986 No 209 8
Schedule 3 Amendment of other Acts 9
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Crimes Legislation Amendment (Assaults on
Frontline Emergency and Health Workers)
Bill 2022
Act No , 2022
An Act to amend the Crimes Act 1900 to create new offences in relation to assaults on, and other
actions in relation to, law enforcement officers and frontline emergency and health workers and
persons who come to the aid of law enforcement officers; to amend the Criminal Procedure Act
1986 to provide for the new offences in the Crimes Act 1900 to be triable summarily; and for
related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Crimes Legislation Amendment (Assaults on Frontline Emergency
and Health Workers) Act 2022.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
Schedule 1 Amendment of Crimes Act 1900 No 40
[1] Section 4 Definitions
Omit "different locations." from the definition of public disorder in section 4(1).
Insert instead--
different locations, and includes a riot or other civil disturbance at the
following--
(a) a correctional centre within the meaning of the Crimes (Administration
of Sentences) Act 1999,
(b) a detention centre within the meaning of the Children (Detention
Centres) Act 1987.
[2] Section 58, heading
Omit "on certain officers".
[3] Section 58
Omit "assaults, resists, or wilfully obstructs any officer while in the execution of his or her
duty, such officer being a constable, or other peace officer, custom-house officer, prison
officer, sheriff's officer, or bailiff, or any person acting in aid of such officer, or".
[4] Part 3, Division 8A, heading
Omit the heading. Insert instead--
Division 8A Assaults etc against law enforcement officers and
frontline emergency and health workers
[5] Section 60AA, heading
Omit the heading. Insert instead--
60AA Definitions
[6] Section 60AA
Insert in alphabetical order--
community first responder services means rendering emergency first aid to
sick or injured persons.
community health services means providing medical or other health treatment
to patients in the community on behalf of a public health organisation within
the meaning of the Health Services Act 1997.
frontline emergency worker means--
(a) a member of an emergency services organisation, within the meaning of
the State Emergency and Rescue Management Act 1989 other than the
Ambulance Service of NSW and the NSW Police Force, who provides
emergency or rescue services, or
(b) a person employed within either of the following while the person is
undertaking firefighting activities--
(i) the National Parks and Wildlife Service,
(ii) the NSW Forestry Corporation.
frontline health worker means--
Page 3
Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
(a) a person employed or otherwise engaged to provide medical or other
health treatment to patients--
(i) in a hospital, or
(ii) in a health institution under the control of a local health district or
statutory health corporation under the Health Services Act 1997,
or
(b) a member of the Ambulance Service of NSW,
(c) a person employed or otherwise engaged by the St John Ambulance
Australia (NSW) who, in that capacity, provides medical care, or
(d) a member of Hatzolah who, in that capacity, provides medical care, or
(e) a person who is employed or otherwise engaged to provide community
first responder services,
(f) a person employed or otherwise engaged to provide community health
services,
(g) pharmacy staff,
(h) a person employed or otherwise engaged to provide security services--
(i) in a hospital, or
(ii) in a health institution under the control of a local health district or
statutory health corporation under the Health Services Act 1997.
pharmacy staff includes--
(a) a pharmacist, and
(b) a pharmacy assistant or another person employed or otherwise engaged
to provide services at a pharmacy.
[7] Section 60AA, definition of "law enforcement officer"
Insert after paragraph (i)--
(ia) a person who is employed or otherwise engaged to provide services to
an inmate in a correctional centre, within the meaning of the Crimes
(Administration of Sentences) Act 1999, for the purposes of education,
health or rehabilitation, or
Example-- a psychologist who provides services to inmates in a correctional
centre
[8] Section 60AA, definition of "law enforcement officer"
Insert after paragraph (k)--
(ka) a person who is employed or otherwise engaged to provide services to
a detainee in a detention centre, within the meaning of the Children
(Detention Centres) Act 1987, for the purposes of education, health or
rehabilitation, or
Example-- a teacher who provides services to detainees in a detention centre
[9] Section 60 Assault and other actions against police officers
Insert before section 60(1)--
(1AA) A person who hinders or resists, or incites another person to hinder or resist, a
police officer in the execution of the officer's duty commits an offence.
Maximum penalty-- Imprisonment for 12 months or a fine of 20 penalty units
or both.
Page 4
Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
[10] Section 60A Assault and other actions against law enforcement officers (other than
police officers)
Insert before section 60A(1)--
(1AA) A person who hinders or resists, or incites another person to hinder or resist, a
law enforcement officer, other than a police officer, in the execution of the law
enforcement officer's duty commits an offence.
Maximum penalty-- Imprisonment for 12 months or a fine of 20 penalty units
or both.
[11] Section 60A(1A)
Insert after section 60A(1)--
(1A) A person who, during a public disorder, assaults, throws a missile at, stalks,
harasses or intimidates a law enforcement officer, other than a police officer,
in the execution of the officer's duty commits an offence.
Maximum penalty-- Imprisonment for 7 years.
[12] Section 60A(2A)
Insert after section 60A(2)--
(2A) A person commits an offence if, during a public disorder, the person--
(a) assaults a law enforcement officer, other than a police officer, in the
execution of the officer's duty, and
(b) by the assault, causes actual bodily harm to the officer.
Maximum penalty-- Imprisonment for 9 years.
[13] Section 60A(3A)
Insert after section 60A(3)--
(3A) A person commits an offence if, during a public disorder, the person by any
means--
(a) wounds or causes grievous bodily harm to a law enforcement officer,
other than a police officer, in the execution of the officer's duty, and
(b) is reckless as to causing actual bodily harm to the officer or another
person.
Maximum penalty-- Imprisonment for 14 years.
[14] Sections 60AB--60AE
Insert after section 60A--
60AB Assault against persons aiding law enforcement officers
A person who assaults a person who comes to the aid of a law enforcement
officer who is being assaulted in the course of the officer's duty commits an
offence.
Maximum penalty--Imprisonment for 5 years.
60AC Hindering and obstruction of persons aiding law enforcement officers
A person who hinders or obstructs a person who comes to the aid of a law
enforcement officer who is being hindered or obstructed in the course of the
officer's duty, commits an offence.
Page 5
Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
Maximum penalty--Imprisonment for 12 months or a fine of 20 penalty units,
or both.
60AD Assault and other action against frontline emergency workers
(1) A person who hinders or obstructs, or incites another person to hinder or
obstruct, a frontline emergency worker in the course of the worker's duty
commits an offence.
Maximum penalty-- Imprisonment for 12 months or a fine of 20 penalty units,
or both.
(2) A person who assaults, throws a missile at, stalks, harasses or intimidates a
frontline emergency worker in the course of the worker's duty, although no
actual bodily harm is caused to the worker, commits an offence.
Maximum penalty--Imprisonment for 5 years.
(3) A person who, during a public disorder, assaults, throws a missile at, stalks,
harasses or intimidates a frontline emergency worker in the course of the
worker's duty commits an offence.
Maximum penalty-- Imprisonment for 7 years.
(4) A person commits an offence if the person--
(a) assaults a frontline emergency worker in the course of the worker's
duty, and
(b) by the assault, causes actual bodily harm to the worker.
Maximum penalty-- Imprisonment for 7 years.
(5) A person commits an offence if, during a public disorder, the person--
(a) assaults a frontline emergency worker in the course of the worker's
duty, and
(b) by the assault, causes actual bodily harm to the worker.
Maximum penalty-- Imprisonment for 9 years.
(6) A person commits an offence if the person by any means--
(a) wounds or causes grievous bodily harm to a frontline emergency worker
in the course of the worker's duty, and
(b) is reckless as to causing actual bodily harm to the frontline emergency
worker or another person.
Maximum penalty-- Imprisonment for 12 years.
(7) A person commits an offence if, during a public disorder, the person by any
means--
(a) wounds or causes grievous bodily harm to a frontline emergency worker
in the course of the worker's duty, and
(b) is reckless as to causing actual bodily harm to the frontline emergency
worker or another person.
Maximum penalty-- Imprisonment for 14 years.
(8) For this section, an action is taken to be carried out in relation to a frontline
emergency worker in the course of the worker's duty, even if the worker is not
on duty at the time, if it is carried out--
(a) as a consequence of, or in retaliation for, actions undertaken by the
frontline emergency worker in the course of the worker's duty, or
(b) because the worker is a frontline emergency worker.
Page 6
Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
60AE Assault and other action against frontline health workers
(1) A person who hinders or obstructs, or incites another person to hinder or
obstruct, a frontline health worker in the course of the worker's duty commits
an offence.
Maximum penalty-- Imprisonment for 12 months or a fine of 20 penalty units,
or both.
(2) A person who assaults, throws a missile at, stalks, harasses or intimidates a
frontline health worker in the course of the worker's duty, although no actual
bodily harm is caused to the worker, commits an offence.
Maximum penalty--Imprisonment for 5 years.
(3) A person who, during a public disorder, assaults, throws a missile at, stalks,
harasses or intimidates a frontline health worker in the course of the worker's
duty commits an offence.
Maximum penalty-- Imprisonment for 7 years.
(4) A person commits an offence if the person--
(a) assaults a frontline health worker in the course of the worker's duty, and
(b) by the assault, causes actual bodily harm to the worker.
Maximum penalty-- Imprisonment for 7 years.
(5) A person commits an offence if, during a public disorder, the person--
(a) assaults a frontline health worker in the course of the worker's duty, and
(b) by the assault, causes actual bodily harm to the worker.
Maximum penalty-- Imprisonment for 9 years.
(6) A person commits an offence if the person by any means--
(a) wounds or causes grievous bodily harm to a frontline health worker in
the course of the worker's duty, and
(b) is reckless as to causing actual bodily harm to the frontline health
worker or another person.
Maximum penalty-- Imprisonment for 12 years.
(7) A person commits an offence if, during a public disorder, the person by any
means--
(a) wounds or causes grievous bodily harm to a frontline health worker in
the course of the worker's duty, and
(b) is reckless as to causing actual bodily harm to the frontline health
worker or another person.
Maximum penalty-- Imprisonment for 14 years.
(8) For this section, an action is taken to be carried out in relation to a frontline
health worker in the course of the worker's duty, even if the worker is not on
duty at the time, if it is carried out--
(a) as a consequence of, or in retaliation for, actions undertaken by the
frontline health worker in the course of the worker's duty, or
(b) because the worker is a frontline health worker.
[15] Section 546C Resisting etc police
Omit the section.
Page 7
Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 [NSW]
Schedule 2 Amendment of Criminal Procedure Act 1986 No 209
Schedule 2 Amendment of Criminal Procedure Act 1986 No
209
[1] Schedule 1 Indictable offences triable summarily
Insert "60A(2A), 60AD(4) and (5), 60AE(4) and (5)," after "60A (2)," in Table 1, item 2.
[2] Schedule 1, Table 2, item 1
Insert "60A(1A), 60AB, 60AD(2) and (3), 60AE(2) and (3)," after "60A (1),".
Page 8
Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 [NSW]
Schedule 3 Amendment of other Acts
Schedule 3 Amendment of other Acts
3.1 Fire and Rescue NSW Act 1989 No 192
Section 35 Obstruction of fire fighters or other personnel
Omit the section.
3.2 Health Services Act 1997 No 154
Section 67J Obstruction of and violence against ambulance officers
Omit the section.
3.3 Rural Fires Act 1997 No 65
Section 42 Obstruction etc of Commissioner and other members of Service
Omit the section.
3.4 State Emergency Service Act 1989 No 164
Section 24 Offence to obstruct Commissioner or emergency officer
Omit the section.
Page 9
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