Updated April 17, 2026
If you work in retail, hospitality, or transport in Victoria, the law now takes assaults against you far more seriously. The Crimes Amendment (Retail, Fast Food, Hospitality and Transport Worker Harm) Act 2025 has introduced tough new offences under the Crimes Act 1958 and the Summary Offences Act 1966. Here is what has changed and what it means if you are facing charges.
Assault has always been a criminal offence in Victoria, but the retail worker assault law changes in 2026 go further. They create specific, tougher penalties for people who target customer-facing workers.
You do not actually have to hit someone to be charged with assault. Under Victorian law, it is enough if you intentionally or recklessly make someone fear that immediate violence is about to happen. The actual use of force also counts, even where no physical injury results.
Victoria has several assault offences, and the charge depends on how serious the conduct was:
Most summary offences end up in the Magistrates’ Court. Serious indictable offences may go to the County Court. The new worker harm offences are tiered, so police can charge at either level.
Violence against frontline retail staff, fast food workers, hospitality workers, and transport workers across the retail sector had gotten out of hand.
Retail crime in Victoria shot up 20% in the year to June 2025, hitting crisis levels. The Australian Retailers Association found 51% of retailers deal with physical abuse monthly, while 87% of retail workers report verbal abuse. Roughly 800,000 retail crime incidents were recorded across Australia in a single year.
The Allan Government flagged new laws in May 2024. A Worker Protection Consultation Group sat down with the Shop, Distributive and Allied Employees Association (SDA), employers, and industry. The bill passed Parliament in December 2025.
This was not a partisan issue. Both parties backed the legislation, and the message was clear: violent customers face real consequences. The Australian Retailers Association, the National Retail Association, and the SDA welcomes these reforms, having pushed for tougher penalties and retail barring orders since 2020.
So what changed? The new laws make it a specific offence to assault, threaten, or intimidate a customer-facing worker while they are on the job.
The protections are broad, covering retail and hospitality staff, security guards, delivery riders, taxi and rideshare drivers, and transport workers. Fast food outlets, shopping centres, and the wider retail sector all fall within scope.
Here is a breakdown of the new offences under the Crimes Amendment Act:
| Offence | Legislation | Type | Maximum Penalty |
| Assaulting or threatening a customer-facing worker | Crimes Act 1958 | Indictable offence | Up to 5 years’ imprisonment |
| Lower-level assault of a customer-facing worker | Summary Offences Act 1966 | Summary offence | Up to 6 months’ imprisonment |
| Threatening or intimidating conduct | Summary Offences Act 1966 | Summary offence | Up to 6 months’ imprisonment |
| Ram raids (reclassified as aggravated burglary) | Crimes Act 1958 | Indictable offence | Up to 25 years’ imprisonment |
Five years for the top-end indictable offence is no small thing. Repeat offenders face Adult Time for Violent Crime provisions. The Victorian Government has also committed to workplace protection orders to ban violent customers from shops.
The penalty range under the new laws is broad, covering everything from verbal abuse to serious physical assaults.
For summary offences, a person found guilty could face fines, a good behaviour bond, or a community correction order. The government is also working on workplace protection orders, modelled on retail barring orders in Western Australia and the ACT, to keep violent customers out of stores.
Getting found guilty means a criminal conviction on your record, unless the court decides otherwise. Even summary offences can have this effect, impacting employment and travel. A lot of people do not realise that until it is too late.
The new indictable offence carries up to five years’ imprisonment. Ram raids, reclassified as aggravated burglary, attract up to 25 years. Serious and repeated offending falls under Adult Time for Violent Crime.
Charges under the new worker harm offences follow the same general path as other assault charges in Victoria.
Police look into the report and can caution or lay formal charges. The new laws give them a range of options, including summary charges where the more serious threshold is not met.
Once charged, you attend a first hearing at the Magistrates’ Court. The charges get read out, and you can apply for bail or ask for an adjournment. Getting a lawyer involved at this point makes a real difference.
From there, you enter a plea. If you plead not guilty, the matter goes to a contested hearing or committal. Sentencing depends on the offence, your prior history, and the circumstances.
Victoria is not acting alone. New South Wales, Western Australia, and South Australia have brought in similar legislation. Victoria’s additional measures, including workplace protection orders and 200 extra Protective Services Officers in shopping centres, show a longer-term commitment to worker safety.
At Doogue + George, we defend assault charges day in, day out, across every Victorian court. If you have been charged under the new worker harm offences, do not try to sort it out on your own. Contact our team today.
Any act where you intentionally or recklessly make someone fear violence is about to happen counts as assault. So does using force. You do not need to cause a physical injury.
They do. The Crimes Amendment Act 2025 creates targeted offences for assaults, threats, and intimidation against customer-facing workers, covering retail staff, hospitality workers, and transport workers.
The indictable offence carries up to five years’ imprisonment. Lower-level assaults as summary offences carry up to six months.
If found guilty, yes. A conviction goes on your record unless the court uses its discretion.
Absolutely. These are serious charges with real consequences, and the stakes are high. A criminal defence lawyer can protect your rights and work towards the best result.
“This content is for informational purposes only and should not be considered legal advice. Please consult a qualified criminal defence lawyer before making any decisions regarding your matter”
