What would happen if a person commits an assault against persons aiding officers and emergency or health workers? This article will discuss sections 60AB to 60AE of the Crimes Act NSW. The officers referred to in this article are police officers and law enforcement officers (other than police officers). Moreover, this also includes a discussion on the assault against frontline emergency and health workers.
Generally, assault is defined as the unlawful act of causing another person bodily injury or unwanted physical contact. It can also refer to the threat or attempt to do so. Since it is a felony as well as a tort, it could lead to criminal charges, civil penalties, or both.
READ: Assault Against Law Enforcement Officers (Sections 60AA to 60)
Let’s discuss the rules and penalties in relation to assault against persons aiding officers and emergency or health workers. We will cover sections 60AB to 60AE of the Act.
Section 60AB and 60AC: Assault Against Persons Aiding Law Enforcement Officers
Section 60AB states that a person who assaults a person who comes to the aid of a law enforcement officer who is being assaulted in the course of the officer’s duty commits an offence. He or she is liable for imprisonment for five years.
Moreover, hindering and obstructing persons aiding law enforcement officers is also a punishable crime. Section 60AC states that someone who hinders or obstructs a person who comes to the aid of a law enforcement officer who is being hindered or obstructed in the course of the officer’s duty commits an offence. The liability for this crime is either:
- Imprisonment for 12 months or
- A fine of 20 penalty units (AUD 2200) or
- Both
Section 60AD and 60AE: Assault and Other Action Against Frontline Emergency or Health Workers
Section 60AD and 60AE outline penalties for eight types of scenarios:
| Assault and other actions against frontline emergency or health workers | Penalty |
| Hindering, obstructing, or inciting another person to hinder or obstruct, a frontline emergency or health worker in the course of the worker’s duty commits an offence. | Imprisonment for 12 months or a fine of 20 penalty units, or both. |
| Assaulting, throwing a missile at, stalking, harassing, or intimidating a frontline emergency or health worker in the course of the worker’s duty, although no actual bodily harm is caused to the worker, commits an offence. | Imprisonment for 5 years. |
| Assaulting, throwing a missile at, stalking, harassing, or intimidating a frontline emergency or health worker in the course of the worker’s duty, during a public disorder, commits an offence. | Imprisonment for 7 years. |
| Assaulting a frontline emergency or health worker in the course of the worker’s duty and causes actual bodily harm to the worker. | Imprisonment for 7 years. |
| Assaulting a frontline emergency or health worker in the course of the worker’s duty and causes actual bodily harm to the worker during a public disorder. | Imprisonment for 9 years. |
| Wounding or causing grievous bodily harm to a frontline emergency or health worker in the course of the worker’s duty. Here, the offender is reckless as to causing actual bodily harm to the worker or another person. | Imprisonment for 12 years. |
| Wounding or causing grievous bodily harm to a frontline emergency or health worker in the course of the worker’s duty during a public disorder. Here, the offender is also reckless as to causing actual bodily harm to the frontline worker or another person. | Imprisonment for 14 years. |
Additional Information
For the purposes of this section, an action is considered to have been taken in relation to a frontline emergency or health worker while they were performing their duties. This is the case even if they weren’t on duty at the time.
Moreover, this is the case if the action was taken in retaliation for actions the frontline emergency worker had taken while performing their duties. Or simply because the worker was a frontline emergency or health worker.
2022 Update: Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Act 2022
This is the most recent update in relation to the law on assault against frontline emergency and health workers.
In October 2022, this Crimes Legislation Amendment came into force with harsher new penalties for assaulting frontline health or emergency services workers. It includes up to 14 years in prison.
A number of essential frontline employees who dedicate their careers to maintaining community safety will be better protected by the new crimes. This regulation makes it very evident that violence and assaults against frontline emergency and healthcare providers are abhorrent and will not be accepted.
Additionally, this law unifies and simplifies the existing legal framework regarding the assault, obstruction, or resistance of emergency services personnel, such as police officers and penitentiary officers.
Mr. Dominic Perrottet, had said that “These new laws reinforce the NSW Government’s commitment to strengthening frontline services and supporting those who selflessly serve in these critical roles.”
He said that among these workers are: firefighters, paramedics, hospital medical staff, state emergency service workers, surf lifesavers and marine rescue volunteers.
Moreover, anyone who assaults a youth justice or prison officer during a riot is subject to heavier punishment under three newly added aggravated crimes under the statute. The personnel who provide jail inmates and detainees in juvenile detention centres with health, education, or rehabilitation services are now included in the term “law enforcement officers.”
Implications of Assault Against Persons Aiding Officers and Emergency or Health Workers
There are several negative implications of assaulting someone who is aiding officers and emergency or health workers:
- Assault against persons aiding officers and emergency or health workers can delay or prevent them from providing vital aid to people in need. This can worsen emergencies and endanger lives.
- Assault against persons aiding officers and emergency or health workers can cause physical injuries and lasting emotional trauma for the victims. These workers are often dedicated to helping others, and being attacked can be deeply disheartening.
- Assault against persons aiding officers and emergency or health workers weakens the overall public safety net and discourages people from helping in emergencies.
Do You Need a Criminal Defence Lawyer?
Are you facing criminal charges of assault against persons aiding officers and emergency or health workers? If so, you’re going to need the services of a criminal defence lawyer. The new penalties are harsher because of the new amendment. Thus, you need legal protection that can minimise your charges and protect your rights.
At JB Solicitors, we can help our clients:
- Understand the charges and their consequences.
- Build a strong defence.
- Protect their rights.
Assault against persons aiding officers and emergency or health workers cases can be stressful. Thus, getting a lawyer can relieve you of the legal burden. We will take care of correspondence with the legal system and keep you informed throughout the process.
Contact us today for more information about assault against persons aiding officers and emergency or health workers.
