Assaulting a police officer, paramedic, firefighter, or other emergency worker is considered one of the most serious forms of assault in Australia. These offences are treated with zero tolerance by the courts and often result in harsh penalties, including mandatory imprisonment in some states.
Australian law provides extra protection to frontline workers performing public duties. Even minor contact or threats made while a person is resisting arrest, intoxicated, or in a heated situation can lead to criminal charges.
Whether you’ve been charged or are seeking to understand your rights and obligations, this guide explains how these offences are treated across different states, including the relevant laws, penalties, court process, and available legal defences.
Police typically lay charges for assaulting an officer or emergency worker under the following circumstances:
During or after an arrest
When a person obstructs, resists, or harms emergency personnel carrying out lawful duties
If there’s physical contact, threats, spitting, or injury caused
Once reported or observed, the accused may be arrested on the spot or issued a Court Attendance Notice. Depending on the severity, the matter may proceed summarily or on indictment.Court Process
First Appearance: Bail application, formal charges read
Case Management/Committal: Evidence disclosure and preliminary hearings
Plea or Trial: The accused may plead guilty or contest the charges
Sentencing: Penalties may include fines, community orders, or jail
Some states impose mandatory jail terms for assaults on police or emergency service workers—even for first-time offenders.
Defences to assaulting a police officer or emergency worker may include:
Self-defence (especially if excessive force was used by police)
Lack of intent
Unlawful arrest or conduct by the officer
Mental impairment
Mistaken identity
No knowledge the person was an emergency worker
Assaulting a police officer or emergency worker is treated as a serious criminal offence across Australia, with many states imposing mandatory jail terms to deter violence against frontline personnel. Below is a state-by-state breakdown of the relevant legislation, penalties, legal definitions, and court processes in NSW, VIC, QLD, SA, WA, and the ACT.
Relevant Act: Crimes Act 1900 (NSW), s60
Charge: Assaulting, stalking, harassing, or intimidating a police officer or emergency worker in the execution of duty
Penalties:
Base offence: Up to 5 years
With actual bodily harm: Up to 7 years
With grievous bodily harm or during public disorder: Up to 12 years
Court: Local Court or District Court
Relevant Act: Crimes Act 1958 (VIC), s31, s320A
Charge: Assaulting or threatening an emergency worker on duty
Penalties:
Up to 5 years for basic assault
Up to 10 years if injury caused
Mandatory minimum imprisonment of 6 months in some cases
Court: Magistrates’ Court or County Court
Relevant Act: Criminal Code Act 1899 (QLD), s340
Charge: Serious assault of police or public officers
Penalties:
Up to 14 years if the assault causes harm, involves spitting or biting, or is committed while resisting arrest
Mandatory imprisonment may apply if the offender is armed
Court: Magistrates’ Court or District Court
Relevant Act: Criminal Code Act Compilation Act 1913 (WA), s318
Charge: Assault public officer or worker in the course of duty
Penalties:
Minimum 9 months jail for certain offences
Maximum up to 10 years
Court: Magistrates’ Court or District Court
Relevant Act: Criminal Law Consolidation Act 1935 (SA), s20AA
Charge: Assault against emergency service workers or police
Penalties:
Up to 15 years imprisonment depending on harm caused
Aggravating circumstances increase sentencing range
Court: Magistrates’ Court or District Court
Relevant Act: Criminal Code 2002 (ACT), s26, s27
Charge: Assaulting a public official or emergency services worker
Penalties:
Up to 13 years depending on injury and intent
Court: Magistrates’ Court or Supreme Court
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
