Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 26A

    (1)     A person commits an offence if—

        (a)     the person assaults another person; and

        (b)     the other person is a frontline community service provider; and

        (c)     the person knows, or is reckless about whether, the other person is a frontline community service provider; and

        (d)     the assault is committed—

              (i)     when the frontline community service provider is exercising a function given to the person as a frontline community service provider; or

              (ii)     as a consequence of, or in retaliation for, action taken by the person in exercising a function as a frontline community service provider; or

              (iii)     because the person is a frontline community service provider.

Maximum penalty: imprisonment for 2 years.

    (2)     For subsection (1) (c), it is presumed, unless there is evidence to the contrary, that the defendant knew that the person was a frontline community service provider if—

        (a)     the person identified themselves as a frontline community service provider; or

        (b)     the fact that the person was a frontline community service provider was reasonably apparent, having regard to all of the circumstances, including the conduct and manner of the frontline community service provider.

Examples—par (b)

1     the frontline community service provider was in uniform

2     the frontline community service provider was in an emergency vehicle

    (3)     The defendant has an evidential burden in relation to evidence to the contrary mentioned in subsection (2).

    (4)     For subsection (1) (d) (i) and (ii)—

        (a)     strict liability applies to the circumstance that the frontline community service provider was exercising a function as a frontline community service provider; and

        (b)     it does not matter if the frontline community service provider was off duty when exercising a function as a frontline community service provider.

    (5)     In this section:

    "corrections worker" means a corrections officer, or an interstate escort officer, exercising a function under the Corrections Management Act 2007

.

    "frontline community service provider "means—

        (a)     a police officer; or

        (b)     a protective service officer; or

        (c)     a corrections worker; or

        (d)     a member of an emergency service.

    "interstate escort officer" means a person mentioned in the Corrections Management Act 2007

, section 213.

    "member", of an emergency service—

        (a)     see the Emergencies Act 2004

, dictionary; and

        (b)     includes—

              (i)     a person operating in the ACT in accordance with a cooperative arrangement under the Emergencies Act 2004

, section 176; and

              (ii)     a person employed by the ACT Emergency Services Agency; and

              (iii)     a volunteer assisting the ACT Emergency Services Agency.

    "protective service officer" means a person in relation to whom a declaration under the Australian Federal Police Act 1979

(Cwlth), section 40EA is in force.