NSW retailers could gain new powers to ban violent and abusive customers from their stores under proposed laws targeting repeat offenders.
The Minns government’s proposed legislation would allow businesses to seek court-issued Workplace Protection Orders (WPOs) against people who threaten, intimidate or assault staff.
The orders could prevent offenders from entering stores or contacting workers, with breaches carrying penalties of up to two years in prison, a $5,500 fine, or both.
The Australian Association of Convenience Stores (AACS) has welcomed the proposal, citing rising levels of abuse, aggression and violence against frontline retail workers.
CEO Theo Foukkare told SmartCompany convenience stores employ around 80,000 frontline workers nationally, including 25,000 in NSW.
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“There’s a small bunch of high-harm repeat offenders who systematically target retailers to cause chaos,” Foukkare said.
He said some offenders were involved in organised retail crime, stealing goods for resale, while also subjecting staff to aggression, weapons and violence.
NSW Industrial Relations Minister Sophie Cotsis said in a statement the reforms are intended to protect these frontline workers from abuse.
“For too long, workers have been told the customer is always right, but there is no excuse for abuse and that’s why we’re cracking down on this appalling behaviour,” Cotsis said.
Repeat offenders on notice
Under the proposal, businesses would be able to seek court orders against people aged 14 and over who engage in stalking, intimidation or violent conduct, where there are reasonable grounds to fear it will continue.
Orders could ban offenders from stores, contacting staff or possessing weapons. Business associations, unions and health and safety representatives could also apply with workers’ authorisation.
While the court process could prove challenging for smaller retailers without legal teams, Foukkare said businesses of all sizes should find it effective solution.
He stressed the orders would target high-risk offenders rather than petty theft, with shoplifting alone insufficient to qualify.
“If someone steals a chocolate bar and we’re not going to apply for a Workplace Protection Order,” he said.
He also warned that banning offenders from individual stores could simply push the problem onto neighbouring businesses.
“The challenge that we have is, if only one retailer is applying it to their premises, then they’ll just go across the road to another retailer,” Foukkare said.
Extending orders across multiple premises or shopping centres could help prevent offenders from moving between retailers, he added.
Foukkare said NSW had learned from similar legislation interstate, arguing Victoria’s approach has fallen short.
“If you compare it to Victoria, they have introduced similar laws, but they only went 90% of the way,” he said.
Unlike the NSW proposal, Victoria’s legislation does not provide for urgent interim orders to protect workers while courts consider a final application.
This policy gap has been heavily criticised by retail industry groups.
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Foukkare also pointed to the ACT’s experience with similar protections, saying they had helped keep repeat offenders away from stores.
A crackdown years in the making
The proposed laws follow NSW’s introduction of tougher penalties for assaults on retail workers in 2023.
A 2025 Shop, Distributive and Allied Employees’ Association (SDA) survey of 2,592 retail workers found 88% had experienced verbal abuse at work, while 25% reported physical violence.
According to the NSW government, 673 people have since been charged with 884 offences under those provisions, with 103 receiving custodial sentences.
A separate police operation targeting retail theft and repeat offenders has resulted in more than 2,000 people being charged with over 3,900 offences since its statewide roll out in October 2025.
According to SDA NSW, repeat offenders were behind much of the abuse, with just 10% responsible for 60% of incidents in shops.
The proposed scheme will initially cover retail workplaces, with scope to expand to other public-facing industries.
The laws are expected to take effect within 12 months of passing Parliament, with a statutory review three years after commencement.