Laws brought in to crack down on those who assault retail staff with larger prison sentences are yet to result in a single sentence greater than the existing penalty.
URGENT UPDATE: New laws aimed at cracking down on retail assaults have failed to yield tougher convictions, raising serious concerns about the safety of retail workers. Despite the legislation passing in July 2024, a mere 52 out of 567 offenders charged have received jail time, with none sentenced to more than 12 months. The largest fine imposed so far is a paltry $3,156, significantly below the maximum penalty of $36,000.
The legislation created a new offense for assaulting retail staff, allowing for sentences of up to seven years in prison. However, industry leaders argue that the lack of stringent sentencing undermines the law’s intent. Ben Heptinstall, owner of IGA and a victim of multiple assaults, stated, “People just don’t care anymore. They know that the law is soft and it protects them instead of protecting the victims.” He described harrowing experiences, including being threatened with a syringe and enduring three armed hold-ups, yet only one perpetrator served time.
The statistics reveal a troubling trend: of the 308 individuals convicted under these new laws, 80 received fines, and 77 were given community-based orders. This has led many to question whether the legislation has any real deterrent effect. Liquor Stores Association WA chief executive Peter Peck lamented the situation as “Groundhog Day,” emphasizing that the judiciary does not appear to heed community expectations.
Shadow police minister Adam Hort echoed these concerns, stating, “Labor talked tough about protecting retail workers, but the sentencing outcomes show the deterrent they promised is not being applied.” This sentiment reflects a growing frustration among industry stakeholders who feel that the government’s claims of enforcing tougher laws are not being realized in practice.
Attorney General Tony Buti defended the current sentencing outcomes, attributing them to the courts’ independence. “The Government’s focus has been on sending a clear and unequivocal message that violence against retail workers will not be tolerated,” he stated. However, critics argue that the existing penalties are not sufficient to deter repeat offenders.
Criminal barrister Tom Percy commented, “The expectation that increasing penalties alone might decrease the rate of offending is delusional.” As calls for more effective measures grow, new retail barring orders aimed at prohibiting violent individuals from entering stores are set to be debated in Parliament next week.
The failure of these laws to protect retail workers has sparked a significant dialogue about the justice system’s role in safeguarding vulnerable employees. As the situation develops, stakeholders continue to advocate for stronger protections and more effective enforcement to ensure the safety of those on the front lines of retail.
Stay tuned as this story unfolds, and share your thoughts on what should be done to improve the safety of retail workers in your community.