Proposed news laws to crack down on police, emergency service workers assaults deemed ‘weak’ by police association

The State Government has introduced a Bill to increase jail time for people who assault police — but the new laws aren’t “fit for purpose”, the police union says.

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Proposed new laws that would see people who assault police and other emergency services workers jailed for an extra year have been labelled “weak” by the police union.

The Police Association of South Australia says the mooted legislation does not go far enough to crack down on people who attack police and emergency services personnel.

The State Government on Thursday introduced legislation into State Parliament to create tougher penalties for this type of offending.

Attorney-General Vickie Chapman said the Government had added two extra measures into the legislation following consultation with stakeholders.

She last month announced that urinating on and spitting and throwing faeces at officers and emergency services workers would be treated as a criminal offence under this new legislation, with those caught facing up to five years’ in jail.

The first extra measure would increase the maximum penalty for specific offences involving the assault of police and emergency services workers.

“As a result, the maximum penalty for an assault causing harm to an emergency services worker would be five years instead of four, and the maximum penalty for unlawfully threatening to harm, recklessly causing harm or committing acts likely to cause harm to an emergency services worker would be eight years instead of seven,” Ms Chapman said.

“Where an offender intentionally causes harm to an emergency services worker, the maximum penalty remains at 13 years, while intentionally causing serious harm will still have a maximum penalty of 25 years.”

Senior Constables Tash Smith and Paul Jelfs with police association president Mark Carroll. Picture: AAP / Brenton Edwards

The second measure would make the protection of emergency services a secondary sentencing consideration, which meant the need for such safeguards would be considered by a judge or magistrate when determining a penalty.

Police Association of SA president Mark Carroll slammed the proposed legislation, saying it was inferior to legislation in other states.

“This new bill is weak, and nowhere near fit for purpose,” he said.

“Maximum penalties rising by only a year will hardly change the way offenders are punished by the courts, nor will it act as a sufficient deterrent.

“If politicians and judges were getting coward punched, doused in petrol, driven at, stabbed, or spat on, the legislation would have been strengthened years ago.”

As The Advertiser reported in February, the Association was seeking the creation of an offence in the Criminal Consolidation Act that specifically dealt with assaults against police, other emergency services workers and public health workers with “suitable potential penalties substantially increased from those that presently apply’’.

It also sought an amendment to the Sentencing Act to make assaults against emergency services workers “designated offences” to ensure suspended sentences were rarely applied by the courts.

Australian Nursing and Midwifery Foundation chief executive officer Elizabeth Dabars welcomed the proposed new laws but said the legislation should also apply to assaults on all doctors, nurses and midwives, regardless of whether they work in an emergency department.

“The reality is that healthcare professionals are exposed to frighting acts of aggression and violence,” she said.

“We believe (the legislation) needs to be more expansive.”

Opposition police and emergency services spokesman Lee Odenwalder said the proposed laws were insufficient.

He said the Opposition was preparing its own legislation to address the “core concerns of police officers, ambulance officers and other emergency workers”.