By: Kirsty Easdale and Chelsea Leet

At a glance

  • From 6 May 2026, Commonwealth agencies can apply directly to Courts for workplace protection orders to protect workers from personal violence connected to their duties, removing the need for staff to seek state-based orders themselves.
  • The scheme has broad application (including against members of the public and current or former employees or contractors), with criminal penalties for breaches of up to 2 years’ imprisonment and/or 120 penalty units.
  • Agencies need to prepare now by identifying authorised persons, updating policies and training relevant teams to ensure the scheme can be used lawfully and effectively once it commences.

Background

From 6 May 2026, Commonwealth agencies will be able to apply to federal, state or territory Courts for a workplace protection order (CWPO) on behalf of workers threatened with or subjected to personal violence in the performance of their duties. The introduction of the scheme is a welcome development as, currently, staff need to apply for apprehended violence orders in their respective State or Territory themselves. 

On 4 November 2025, the Commonwealth Workplace Protection Orders Act 2025 (Cth) (CWPO Act), which is based on the existing workplace protection order scheme in the ACT included in the Personal Violence Act 2016 (ACT), was passed with bipartisan support. 

This legislation was introduced in the wake of a horrific incident on 23 May 2023 where a frontline Services Australia worker was stabbed multiple times and suffered life threatening injuries. Following that incident, the Graham Ashton Security Risk Management Review recommended the Commonwealth government adopt the ACT workplace protection order scheme nationwide as a staff protection mechanism. 

Whilst the legislation was introduced with frontline workers and violence by members of the general public front of mind, the scheme will have a broader application. Our Commonwealth Workplace team have experience with the ACT scheme, and assisted in the development of the CWPO Act. Drawing on that experience from the ACT scheme, the majority of respondents are current or former employees or contractors, rather than members of the public. 

To help Commonwealth agencies navigate this new scheme, we have set out a high level summary of the CWPO Act’s protections and some practical guidance on how to seek a CWPO. 

What does the CWPO Act do?

The CWPO Act empowers federal and state and territory Courts, on application by an authorised person of a Commonwealth entity or the High Court of Australia, to make workplace protection orders (CWPOs) if a Court is satisfied that: 

  • a respondent has engaged in personal violence;  
  • there is a real risk the respondent will engage in further personal violence; and 
  • the CWPO is necessary or desirable to protect the safety of a Commonwealth worker or workplace.  

A respondent will have engaged in ‘personal violence’ if:  

  • the person engages, or makes a threat to engage, in conduct that directly or indirectly causes harm or a reasonable fear of harm to a Commonwealth worker, or individual at a Commonwealth workplace; 
  • the person engages in the conduct or makes the threat against a Commonwealth worker because of their status as a Commonwealth worker; and 
  • the conduct or threat directly or indirectly interferes with the functioning of the Executive Government of the Commonwealth. 

When determining the conditions of a CWPO, a Court must consider a long list of relevant factors, including any hardship that is likely to be caused to any person by the conditions in the CWPO, and any previous personal violence engaged in by the respondent. 

Once a CWPO is in force, a person commits a criminal offence if the CWPO is contravened and if proven, offences carry a maximum penalty of 2 years imprisonment and / or 120 penalty units.  

Who can apply? 

Only an authorised person, or their delegate, can apply for a CWPO. Apart from the High Court, the authorised person is the accountable authority of a Commonwealth entity, as defined in the Public Governance, Performance and Accountability Act 2013 (Cth). 

Types of CWPOs available under the CWPO Act

The CWPO Act empowers Courts to make urgent, interim and final orders in respect of an application for a CWPO. 

What an application under the CWPO Act must include

An application must include, amongst other things: 

  • a draft of the order being sought;
  • an explanation as to why each of the proposed conditions should be imposed;
  • a statement of facts setting out why the order should be made;
  • a summary of the grounds on which the order should be made;
  • information about whether any of the proposed conditions would prevent the respondent from accessing or obtaining a benefit or service provided by the Commonwealth, and any alternative procedures or arrangements for how the respondent might access or obtain those benefits or services; and 
  • information about whether any of the proposed conditions would prevent the respondent from contacting their electoral representative or engaging in political communication, and any alternative procedures or arrangements for how the respondent might do those things. 

Additional matters to watch out for

If a CWPO is granted, the authorised person must apply to a Court for the CWPO to be revoked if the authorised person is satisfied that the grounds on which the order was made no longer exist.  

Getting prepared

Before 6 May 2026, Commonwealth entities should: 

  • Identify their authorised person and put delegations in place, if required;
  • Update any relevant policies and procedures to reflect the availability of the CWPO Scheme;
  • Prepare and educate HR personnel about the availability, and requirements, of the CWPO Scheme.

Issues that remain at large include how use of the scheme might interact with privacy legislation and secrecy provisions (where applicable), and the Commonwealth’s obligations under the Legal Services Directions 2025 (Cth).  

Our Commonwealth Workplace team can assist with these preparatory steps, and once the scheme starts, can provide advice about whether to seek a CWPO and act for the entity in applying for any CWPO.  

Not covered by the CWPO Act but interested in learning more about how protection orders might protect your workforce? Our National Workplace team can advise.  

Key Contacts & Updates

For insights or questions about this article, please reach out to Kirsty Easdale, or contact our wider Workplace Partners: Rosemary Marando and Sian Gilbert (NSW), Laura Gavan (VIC), Chris Mossman (QLD), Bill Conor (SA), and Luke Vincent (WA).

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