A new law has been passed to allow retail businesses, shopping centres and unions to apply to the courts to ban a violent or threatening person from retail premises.
A WA Government election commitment, the Retail Barring Orders Act (RBO) is designed to protect retail workers and other people in a retail setting from violent and aggressive people. It follows 2024 legislation that introduced tougher penalties for people who assault retail workers.
The latest reform will see adult offenders barred for up to two years, and children aged 10 and over for up to one year, for abuse and violent behaviour. A court order will make a ban enforceable by WA Police. Serious or persistent breaches of Retail Barring Orders can result in penalties of up to five years' imprisonment.
What Retail Barring Orders mean for your business
If you are a retail employer or business owner, shopping centre owner or authorised shopping centre manager, or union representing affected workers, you will be able to apply for a Retail Barring Order.
The RBO is a court order to bar individuals who have been violent or threatening towards workers or shoppers whilst at a retail business, workers or shoppers, from entering the premises for a period of time. The types of behaviour that can trigger the RBO include physical and sexual violence or abuse, threatening behaviour, stalking, harassment, intimidation and offensive behaviour - including inciting another person to commit retail violence.
RBOs are designed to prevent repeat offenders from returning to the premises where they have exhibited unwanted behaviour and can also prevent offenders from entering common areas of a shopping centre such as walkways, restrooms, food halls and escalators.
Who can use the Retail Barring Order?
Current information stipulates that you can apply for a RBO if you are:
- An employer, business operator, shopping centre owner or manager, or union.
- A retail business is a business that sells retail goods, including by auction.
Businesses that do not sell retail goods cannot access RBOs.
Application to the courts for a Retail Barring Order can only occur after an incident has already happened. An offender must be identified before the application is made, and evidence, such as video footage or witness statements, may be required in court. Interim orders may be available if required on an urgent basis to prevent further violence.
When will RBOs be available?
The law is expected to be in place by the end of the year alongside more information on how to obtain an RBO. The SBDC will provide further details once available. Sign up to our small business e-news to stay up to date with the latest information.
For information
- For advice and support about your retail business, contact the SBDC on 133 140 or visit smallbusiness.wa.gov.au
- Read Essential security tips for retailers
- Explore the latest government funded CCTV rebate for small business
