Referral to the Victorian Law Reform Commission pursuant to section 5(1)(a) of the Victorian Law Reform Commission Act 2000
Protections for emergency workers on duty under Victorian criminal law
Victorian law currently provides a range of protections for emergency workers while they are on duty.
The Sentencing Amendment (Emergency Workers) Act 2014 introduced new targeted offences and sentencing requirements to ensure that significant penalties would apply to offending against emergency workers while they are on duty. These protections were supplemented and refined by further reforms in the Justice Legislation Miscellaneous Amendment Act 2018 and the Sentencing Amendment (Emergency Worker Harm) Act 2020.
Section 10AA(9) of the Sentencing Act 1991 defines when an emergency worker will be considered ‘on duty’ for purposes of the relevant protections. Broadly, these definitions cover an emergency worker who is actively performing a duty or exercising a power, which may exclude situations in which emergency workers are nonetheless at risk while at work. The Government seeks advice from the Commission on what reforms may be required to ensure emergency workers are adequately protected while at work.
The Commission is asked to review and report on the meaning of ‘on duty’, including:
- how to amend the ‘on duty’ definition so that the definition adequately reflects the changing risk environment within which emergency workers are required to perform their duties and adequately covers the circumstances where emergency workers are at risk while at work, and
- whether any reforms to the Crimes Act 1958, Summary Offences Act 1966, Sentencing Act 1991, or any other Act, may be required.
In conducting the review, the Commission should have regard to:
- emergency worker protection frameworks in other jurisdictions in Australia, and
- any other matter the Commission considers relevant.
The Commission is requested to engage with the Sentencing Advisory Council during the review, including to consider intersections with the Council’s Review of the Sentencing Act 1991.
The Commission is asked to deliver its report to the Attorney-General by the target date of 30 June 2027.
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