People who assault SA retail workers to face tougher penalties but experts raise concerns
South Australia has followed in the footsteps of the United Kingdom by introducing harsher penalties for people who assault retail workers.
But legal experts have questioned whether extending the rules based on profession comes with its own risks.
Perpetrators who attack retail workers will be handed the same punishments as those for assaulting a police officer or paramedic.
Under the new rules, people convicted of basic assault against a worker selling goods could face up to five years in prison, while someone convicted of assault causing harm could be imprisoned for up to seven years.
The penalty is double that under previous rules.
Similar laws came into force in the UK in April following a rise in attacks against shop workers during the pandemic.
Retail assistant James Taylour has witnessed a large amount of abuse over the last few years.
He said the changes would make employees feel more safe.
"We've needed extra protections," Mr Taylour said.
"I've seen team members spat at, screamed at, belittled — these are little kids at the front sometimes."
He said he had felt scared at work.
"As things have got desperate for people, violence has increased," Mr Taylour said.
"Especially concerning theft during the pandemic when things started to get desperate for people.
"They're not happy when they can't run off with the products.
"I think [the penalty changes are] some good first steps. I would like to see better protections like increased security."
The changes have yet to pass parliament as legislation but have been implemented by the state government as regulation.
The rules apply to anyone selling goods — something experts say is tricky to argue in court.
University of Adelaide associate professor David Plater said extending regulations would create confusion.
"We all agree assaults upon retail workers are truly unacceptable," Dr Plater said.
"What exactly is a shop worker? Does it mean someone who works in a restaurant? A cafe? A volunteer at the Salvation Army store? I really don't know.
"It's becoming quite complicated.
"There are many situations which are now regarded as an aggravated offence.
"Whether it's sound advice to keep extending the notion of aggravated offences, I'm not sure."
The union representing retail workers has pushed for these changes, saying it is unfair that workers are treated badly.
"No-one should have to go to work each day expecting to be punched, spat on or yelled at by customers when they're trying to do their job," Josh Peak, secretary of the Shop, Distributive and Allied Employees Association in SA, said.
"Customer abuse is a very serious and real threat for retail workers that not only impacts their physical safety but their mental health and wellbeing.
"Retail workers are essential — they put food on our tables and clothes on our backs, they got us through COVID and they deserve to be treated with respect."
South Australian Attorney-General Kyam Maher said the new rules were an election promise the state government made.
"Those on the front line serving us, making sure we had what we needed during the COVID pandemic faced pretty hard situations and frustrated customers," Mr Maher said.
"We see there's around 50 assaults each month in a retail setting.
'We committed to increase the penalties for those who assault retail workers."
But the opposition has questioned why not all workers are protected under the regulations.
Shadow Attorney-General Josh Teague said tough penalties should be in place for many industries.
"What South Australians will be asking themselves is are some workers more equal than others, and under this Labor government are some unions more equal than others?" Mr Teague said.
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