2012
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY
ATTORNEY-GENERAL AND MINISTER FOR JUSTICE

CRIMINAL CODE AMENDMENT (ASSAULTS ON WORKERS) BILL 2012
SERIAL NO. 11
EXPLANATORY STATEMENT

GENERAL OUTLINE
The purpose of the Bill is to provide for the offence of assaults on workers in the Criminal Code.  This offence provision will apply when a worker is unlawfully assaulted whilst he or she is working in the performance of his or her duties.  
The Bill also makes amendments to the Bail Act and the 
Justices Act and repeals overlapping Criminal Code offences.
NOTES ON CLAUSES
Part 1	Preliminary matters
Clause 1.	Short title
This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Criminal Code Amendment (Assaults on Workers) Act 2012.
Clause 2.	Commencement
This Act will commence on a day fixed by the Administrator by Gazette notice.

Part 2	Amendment of Criminal Code
Clause 3.	Criminal Code amended
Part 2 of the Bill amends the Criminal Code.
Clause 4.	Section 188 amended
This Clause omits two existing circumstances of aggravation from section 188(2) of the Criminal Code because they overlap with the new offence of assault on a worker in new section 188A (see clause 5 below).
Current section 188(2)(fa) of the Criminal Code is repealed.  This provision applied if the victim of the assault was working, at the time of the assault, as a driver of a commercial passenger vehicle.  This is now covered by the new offence of assaults on workers in new 
section 188A (see clause 5 below).
Current section 188(2)(f) of the Criminal Code is partly replaced by new section 188(2)(f) and 188(2)(fa), but assaults on 
public servants and justices of the peace will be covered by new 
section 188A and are repealed.   
Clause 4(2) inserts new section 188(2)(f) which applies if the victim of the assault is a person assisting a public sector employee in carrying out the public sector employee’s duties.  A public sector employee is defined in the Interpretation Act by reference to an employee within the meaning of the Public Sector Employment and Management Act.  New section 188(2)(fa) applies if the victim of the assault is a person assisting a justice of the peace in carrying out the justice’s functions.  If the circumstances in these two new subsections are made out, the offence of common assault is elevated to aggravated assault with a maximum penalty of five years imprisonment (or if found guilty summarily two years).  
Clause 5.	Section 188A inserted
Clause 5 inserts the crime of assaults on workers as section 188A into the Criminal Code.  The offence requires proof that a worker is unlawfully assaulted while working in the performance of his or her duties.  For the offence to be made out, the worker must be working in the performance of his or her duties at the time of the assault. That is, the activity the worker is undertaking at the time of the assault must be connected to the course of their employment. 
The term ‘unlawful assault’ will have the same meaning as in section 187 of the Criminal Code.
The term ‘worker’ is defined in new section 188A(3) as a person who carries out employment related activities in any lawful capacity.  The types of workers included in the definition are listed as follows:
a)	an employee; 
b)	a contractor or subcontractor; 
c)	an apprentice or trainee; 
d)	a student gaining work experience; 
e)	a volunteer; 
f)	a self employed person; and 
g)	a person appointed under a law in force in the Territory to carry out functions or to hold an office.
The definition of ‘worker’ is broad and is intended to capture all people who engage in lawful employment in any capacity, people appointed under a law in force in the Territory to carry out functions or to hold an office (such as a justice of the peace), and people who volunteer their time for organisations or workplaces.  The definition of ‘worker’ does not include people who generate income through unlawful or illegitimate activities.
New section 188A(4) expressly excludes a police officer from the definition of ‘worker’ because section 189A of the Criminal Code covers an assault on a police officer in the execution of his or her duties. 
The maximum penalties for the offence of assault on a worker are set out in subsection (2) as follows:
a)	a maximum of seven years imprisonment if the victim suffers harm, or upon being found guilty summarily, a maximum of three years imprisonment; and
b)	a maximum penalty of five years imprisonment if the victim does not suffer harm, or upon being found guilty summarily, two years imprisonment.
Part 3	Other laws amended
Clause 6.	Other laws amended  
Part 3 of the Bill contains amendments to other legislation.  There are two amendments in the Schedule.
The first is to amend the Bail Act.  The Criminal Code offences of assaults on workers (new section 188A) and assaults on police (section 189A) have been inserted into section 8(1)(aa)(ii) of the Bail Act.  This has the effect of removing the presumption for bail for offenders charged with the specified offences in that subsection, if they have a previous finding of guilt for the offences of assaults on workers or assaults on police within the last ten years. 
The assault on a worker offence will also be considered a ‘serious violence offence’ under the definition in the Bail Act as the offence falls under Part VI, Division 5 of the Criminal Code and carries a maximum penalty of at least five years. 
The second amendment is to the Justices Act.  The offence of assaults on workers (new section 188A) is inserted into 
section 131A(1) of the Justices Act to allow a Court constituted by a Magistrate to have jurisdiction to hear and determine a charge of assaults on workers in a summary manner, unless the Court considers that the charge should proceed on an indictment.