Fears WA retail barring orders could add further pressure on state’s court backlog and delays

Proposed laws to ban hostile and violent shoppers from entering retail stores for up to two years could add to the crippling workload of WA’s already stretched court system, legal experts have warned. The proposed retailing barring orders, announced by Roger Cook on Tuesday, would allow an employer, union official or shopping centre to apply for a magistrate to ban from the premises a person who is violent towards staff. The Law Society of WA has raised concerns the barring orders could add to court delays, would require additional court resources, and may not prevent further violence against retail staff. “Any new scheme must be accompanied by additional court resourcing,” president Gary Mack said. “Otherwise, the system risks becoming even more congested, which ultimately affects everyone – victims, accused persons, retailers and the broader community.” Under the proposed laws, applications for a barring order would be managed as a civil matter, and the courts would have the ultimate decision-making power. A breach of an order would constitute a criminal offence, with a maximum penalty of five years’ jail. The court would determine whether reasonable grounds existed to believe a person will, or is likely to, commit a further violence. Mr Mack said the legal fraternity questioned why banning orders were needed, and what difference they could make in reducing violence against retail workers. “We already have substantial legal tools to deal with retail violence, including restraining orders, bail conditions and criminal charges,” he said. “Predicting future behaviour is a complex task. We would urge Parliament to ensure the test for imposing an order is rigorous and evidence-based. “A low threshold risks orders being granted in circumstances that do not justify such far-reaching restrictions.” Attorney General Tony Buti said he didn’t believe any additional court resources would be required to establish the system. The legislation must still pass through the parliament to become law. “The Magistrates Court, (and) the Children’s Court, has been very agile, very flexible in dealing with what comes before it,” Mr Buti said. “We made this an election commitment. It was a very strong election commitment, and we’re honoured that we are fulfilling that obligation.”