SDA NT, Chamber of Commerce call for urgent changes to trespass laws

A major shake-up to the way businesses can ban reoffenders from their premises is being sought as one small solution to the Territory’s crime crisis. Here’s what’s likely to change.

A shake-up to the Territory’s trespass laws is being called for as workers and business owners bear the brunt of another crime crisis.

The renewed push comes as a survey found 85 per cent of Territory workers reported an increase in abuse towards them in 2022.

Shop, Distributive and Allied Employees Association (SDA) NT director Shlok Sharma, who’s organisation ran the survey, said the laws should allow employees to verbally issue a trespass notice.

“Recently, we’ve received reports of members being racially abused, having food and drinks thrown (at them), and violent offenders armed with weapons fight in their workplace,” he said.

Shop, Distributive and Allied Employees Association (SDA) NT director Shlok Sharma. Picture: Supplied

“Some have even been physically and verbally assaulted – and the issues are up and down the highway.

“The trespass legislation is failing at every level.”

Mr Sharma said there is “a lot of ambiguity” on how the law currently operates, but only business owners, management and landlords can issue a trespass notice.

General employees or even security guards cannot.

Alice Springs is in the grip of yet another crime crisis, with the Mayor Matt Paterson calling for federal policing support in January 2023. Picture: Action for Alice/Facebook

“If you have an aggressive, violent or abusive customer, our trespass laws are leaving workers at risk of further abuse,” he said.

“Changing the laws to allow any employee to issue a verbal order, that could later be backed up by a statutory declaration, would help.

“I’m not saying it’s a silver bullet but it is a step that could be taken right now.

“We also want to see increased fines and greater consequences for repeat offenders.”

The NT government announced in October it would modernise the Trespass Act 1978 to expand issuing powers to more workers, including security.

The removal of a ‘second chance’ warning was also earmarked, meaning second-time offenders would be fined $3080, with subsequent breaches to possibly result in arrest and imprisonment.

While early consultations have started, advocating groups including SDA and the NT Chamber of Commerce are still waiting to see draft legislation.

The Chamber of Commerce’s Alice Springs chief executive Nicole Walsh said it was something she had advocated for over many years.

Chamber of Commerce NT Central Australia chief executive Nicole Walsh. Picture: Supplied

“There is no doubt the challenges for businesses are very, very real,” she said.

“A trespass notice is often the only option available for a business to attempt to keep its staff and premises safe from frequent intimidating and violent attacks.

“Regrettably however, for most businesses particularly in Central Australia, a trespass notice is largely unworkable and ineffective due to the unclear nature of the legislation.

“There are not only issues with serving trespass notices, but how that process is followed up and enforced is a real grey area.”

Police Minister Kate Worden is travelling to Alice Springs on Thursday in light of calls for urgent action on crime in the town. Picture: Action for Alice/Facebook

Following a string of violent scenes and alleged assaults against employees in Central Australia this week, Acting Chief Minister Nicole Manison said the government was working on the trespass law changes.

“There is work happening with regards to development of trespass reforms,” she said.

“(The Act) is very old, antiquated and very difficult, particularly for people to be able to go out and implement – it’s quite resource intensive.

“So it’s about making it a more streamlined process.”

The government has not committed to a timeline on passing the reforms.

[e-mail]

Originally published as SDA NT, Chamber of Commerce call for urgent changes to trespass laws