This article will discuss the acts and penalties of assault against law enforcement officers. Sections 60AA and 60 of the Crimes Act 1900 contain the relevant provisions. An assault against law enforcement officers is an assault on our entire community. When perpetrators attack officers, it makes it more difficult for officers to do their jobs and keep the citizens safe.
Assault Against Law Enforcement Officers: Who Is a Law Enforcement Officer?
Section 60AA identifies the following persons as law enforcement officers under the Crimes Act 1900:
- a police officer
- a Commissioner or Assistant Commissioner of the Independent Commission Against Corruption (ICAC)
- an officer of the Independent Commission Against Corruption, within the meaning of the Independent Commission Against Corruption Act 1988, who performs investigation functions
- a Commissioner or Assistant Commissioner of the Law Enforcement Conduct Commission (LECC), within the meaning of the Law Enforcement Conduct Commission Act 2016
- any other officer of the Law Enforcement Conduct Commission, within the meaning of the Law Enforcement Conduct Commission Act 2016 , who performs investigation or confiscation functions
- the Commissioner for the New South Wales Crime Commission or an Assistant Commissioner for that Commission
- a member of staff of the New South Wales Crime Commission, within the meaning of the Crime Commission Act 2012, who performs investigation or confiscation functions
- the Commissioner of Corrective Services
- governors of correctional centres, correctional officers and community corrections officers, within the meaning of the Crimes (Administration of Sentences) Act 1999
- a person who is employed or otherwise engaged to provide services to an inmate in a correctional centre, within the meaning of the Crimes (Administration of Sentences) Act 1999, for the purposes of education, health or rehabilitation.
- a Crown Prosecutor or an Acting Crown Prosecutor
- an Australian legal practitioner who is employed as a member of staff of the Director of Public Prosecutions
- a sheriff’s officer
- a recognised law enforcement officer within the meaning of the Police Act 1990
- an officer of an approved charitable organisation, within the meaning of the Prevention of Cruelty to Animals Act 1979, who performs investigation, confiscation or other law enforcement functions.
How Is a Frontline Emergency Worker Different From Frontline Health Worker?
According to Section 60AA, a frontline emergency worker is a member of an emergency services organisation, within the meaning of the State Emergency and Rescue Management Act 1989 other than the Ambulance Service of NSW and the NSW Police Force, who provides emergency or rescue services.
Moreover, this type of frontline worker is employed within the National Parks and Wildlife Service or the NSW Forestry Corporation while the person is undertaking firefighting activities.
On the other hand, the same section defines a frontline health worker as:
- a person employed or otherwise engaged to provide medical or other health treatment to patients or security services in a hospital or in a health institution under the control of a local health district or statutory health corporation under the Health Services Act 1997, or
- a member of the Ambulance Service of NSW
- a person employed or otherwise engaged by the St John Ambulance Australia (NSW) who, in that capacity, provides medical care
- a member of Hatzolah who, in that capacity, provides medical care
- a person provides community first responder services
- a person employed or otherwise engaged to provide community health services
- a pharmacy staff.
Assault Against Law Enforcement Officers: What Actions Are an Assault Against Police Officers?
Here are the actions under section 60 that can be an assault against police officers. Duration of imprisonment also differs depending on the severity of the action.
| Action | Penalty |
| A person who hinders or resists, or incites another person to hinder or resist, a police officer in the execution of the officer’s duty commits an offence. | Imprisonment for 12 months or a fine of 20 penalty units or both |
| A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer. | Imprisonment for 5 years |
| A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer. | Imprisonment for 7 years |
| A person who assaults a police officer while in the execution of the officer’s duty, and by the assault occasions actual bodily harm. | Imprisonment for 7 years |
| A person who, during a public disorder, assaults a police officer while in the execution of the officer’s duty, and by the assault occasions actual bodily harm. | Imprisonment for 9 years |
| A person who by any means: – wounds or causes grievous bodily harm to a police officer while in the execution of the officer’s duty, and – is reckless as to causing actual bodily harm to that officer or any other person. | Imprisonment for 12 years |
| A person who by any means during a public disorder: – wounds or causes grievous bodily harm to a police officer while in the execution of the officer’s duty, and – is reckless as to causing actual bodily harm to that officer or any other person. | Imprisonment for 14 years |
Moreover, section 60 emphasises that an action can be one that is against a police officer when the officer is doing their duties, even if the police officer is not on duty at the time:
- as a result of, or as payback for, actions taken by that police officer while carrying out his or her official duties, or
- because the person is a police officer.
Criminal Offence Lawyers
Note that assault against law enforcement officers is a serious offence in Australia. It can result in significant penalties, including imprisonment.
If you have are facing a charge of assault against law enforcement officers, seek legal advice and representation. Our experienced criminal defence lawyers at JB Solicitors can help you understand your rights and options under the law.
Contact us today to know more.
