ASSAULT AND OTHER ACTION AGAINST FRONTLINE EMERGENCY WORKERS: THE LAW
The criminal offence of assault and other action against frontline emergency workers is a criminal offence that can lead to imprisonment. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of assault and other action against frontline emergency workers.
If you or anyone you know have been accused or charged with the criminal offence of assault and other action against frontline emergency workers, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE AND PUNISHMENT FOR ASSAULT AND OTHER ACTION AGAINST FRONTLINE EMERGENCY WORKERS?
Section 60AD of the Crimes Act 1900 (NSW) defines the criminal offence of assault and other action against frontline emergency workers and the associated penalties:
- Hinder or obstruct, or incite another person to hinder or obstruct, a frontline emergency worker in the course of the worker’s duty.
- Maximum penalty: 12 months imprisonment and/or a fine of $2200.
- Assault, throw a missile at, stalk, harass or intimidate a frontline emergency worker in the course of the worker’s duty, although no actual bodily harm is caused to the worker.
- Maximum penalty: 5 years imprisonment.
- Assault, throw a missile at, stalk, harass or intimidate a frontline emergency worker in the course of the worker’s duty and during a public disorder.
- Maximum penalty: 7 years imprisonment.
- Assault a frontline emergency worker in the course of the worker’s duty, and by the assault, cause actual bodily harm to the worker.
- Maximum penalty: 7 years imprisonment.
- Assault a frontline emergency worker in the course of the worker’s duty and during a public disorder, and by the assault, cause actual bodily harm to the worker.
- Maximum penalty: 9 years imprisonment.
- Wound or cause grievous bodily harm to a frontline emergency worker in the course of the worker’s duty, and is reckless as to causing actual bodily harm to the frontline emergency worker or another person.
- Maximum penalty: 12 years imprisonment.
- Wound or cause grievous bodily harm to a frontline emergency worker in the course of the worker’s duty and during a public disorder, and is reckless as to causing actual bodily harm to the frontline emergency worker or another person.
- Maximum penalty: 14 years imprisonment.
WHAT IS A FRONTLINE EMERGENCY WORKER?
To best understand the criminal offence of assault and other action against frontline emergency workers, it is prudent to know what in fact constitutes a frontline emergency worker. Section 60AA of the Crimes Act 1900 (NSW) defines frontline emergency workers as:
- A member of an emergency services organisation, within the meaning of the State Emergency and Rescue Management Act 1989 other than the Ambulance Service of NSW and the NSW Police Force, who provides emergency or rescue services, or
- A person employed within either of the following while the person is undertaking firefighting activities:
- the National Parks and Wildlife Service
- the NSW Forestry Corporation.
DOES THE CRIMINAL OFFENCE OF ASSAULT AND OTHER ACTION AGAINST FRONTLINE EMERGENCY WORKERS APPLY IF THE WORKER WAS NOT ON DUTY?
Section 60AD of the Crimes Act 1900 (NSW) states that an action is taken to be carried out in relation to a frontline emergency worker in the course of the worker’s duty, even if the worker is not on duty at the time, if it is carried out:
- as a consequence of, or in retaliation for, actions undertaken by the frontline emergency worker in the course of the worker’s duty, or
- because the worker is a frontline emergency worker.
FORMER NSW GOVERNMENT RESPONSE TO ATTACKS ON FRONTLINE WORKERS DURING COVID-19 PANDEMIC
On 27 July 2020, the then-Attorney General The Hon. Mark Speakman SC MP asked the NSW Sentencing Council to review the sentencing for offences involving assaults on police officers, correctional staff, youth justice officers, emergency services workers and health workers. The request was substantially in response to a rise in the number of attacks against frontline workers during the COVID-19 pandemic.
The report was released on 1 October 2021 and the then-NSW Government subsequently passed the Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 to introduce sections 60AB to 60AE of the Crimes Act 1900 (NSW).
The then-Attorney General described the amendments proposed by the Bill as a “suite of important reforms for better protection of health and emergency service workers.”
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused of or charged with the serious criminal offence of assault and other action against frontline emergency workers, contact our specialist criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you. Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts, the withdrawal of charges and the avoidance of prison sentences for our clients across NSW who have been charged with the criminal offence of assault and other action against frontline emergency workers.