New protections for hospitality workers and patrons

The Minns Labor Government has spent two years working to cut red tape and revive nightlife, and in rebuilding Sydney’s nightlife we are also making it safer for workers in the hospitality sector.

Following concerning allegations about the workplace culture at some licenced venues in Sydney, the NSW Government is making it easier to both remove individuals from the industry and cancel or suspend the liquor licences of venues who are notorious for a culture of inappropriate behaviour. 

As part of the third phase of vibrancy reforms, the grounds for cancelling or suspending a liquor licence are being expanded to include where a licensee has failed to address or prevent a significant risk to the safety of staff or patrons, including by not preventing the risk of sexual assault.

The power to take a licence away on these grounds will be exercised by the Independent Liquor & Gaming Authority, the NSW Police and Liquor & Gaming NSW will be able to apply to the independent Authority to make a complaint against a licensee based on concern for staff or patrons.

The reforms, currently in front of NSW Parliament, also make it easier for the Authority to revoke the Responsible Service of Alcohol competency card of any individual who has engaged in harmful behaviours, including sexual assault.

This will prevent people being sacked for misconduct at one venue getting rehired at another venue days later, as can be the case.

The Authority will also have the discretion to determine if someone has failed to act in a fit and proper manner.

Earlier this year, the NSW Government introduced specialised sexual harassment and sexual violence prevention training as a part of mandatory RSA and licensee training.

Licensee training has also been updated to reflect employers' obligations under the Federal Government’s Respect@Work legislation, which requires businesses to take proactive steps to prevent workplace sexual harassment, including providing relevant education and training for all employees.

Under the reforms, venues would be given more scope to protect vulnerable patrons on a night out after the NSW Government scrapped the requirement to immediately remove an intoxicated person.

Under the changes, venues can keep an intoxicated patron on the premises and actively monitor them while transport or medical assistance arrives, rather than requiring them to leave immediately.

Minister for Music and the Night-time Economy John Graham said: 

“The safety of our hospitality workers and their customers in NSW is simply non-negotiable.

“These reforms increase the ability for us to weed out the wrong people from an industry that is reliant on young people, often women, willing to work late in settings where the danger of sexual assault increases in lockstep with poor management.

“Getting nightlife and the 24-Hour economy back on its feet after the era of lockouts and lockdowns is important but helping to ensure the safety of the hospitality workers who enable a night out is paramount.

“I particularly want to thank Sorry Not Sorry, a collective of hospitality workers advocating against abuse, assault and discrimination in the industry, for their engagement.”

Minister for Work, Health and Safety Sophie Cotsis said:

"I welcome tougher sanctions for venue owners, licensees, managers and staff who fail to ensure a safe workplace for both staff and patrons.

“SafeWork NSW is recruiting 51 new inspectors, which includes 20 psychosocial-focused inspectors and five psychosocial investigators, as part of a $127.7 million investment to improve workplace mental health and safety.

“Hospitality is also one of the focus industries called out in the SafeWork NSW Respect at Work Strategy.

“Strengthening our inspectorate force means stronger enforcement on psychological hazards like bullying, harassment, and treating workers with respect.

“Our government is also establishing the Psychosocial Advisory Service, as part of a broader effort to create psychologically safer workplaces across the state.”

Minister for Gaming and Racing David Harris said:

“We've already strengthened our RSA training to support staff to better identify report and prevent instances of sexual harassment and other harmful behaviour.

“These proposed changes reinforce our commitment to supporting a safe night out, not just for people out and about enjoying themselves in a pub, club or restaurant, but also for the hard-working staff keeping our state’s nightlife pumping.”

Full Stop Australia CEO Karen Bevan said:

“These reforms are an important step towards eradicating sexual harassment and sexual violence from licensed venues and supporting victim survivors. They reflect the evidence that sexual violence and workplace sexual harassment are preventable, not inevitable.

“Going to work or enjoying a night out free from sexual violence and harassment is a right and accountability for businesses failing to comply meets community expectations. Implementing further training and resources for venues to implement these reforms will be an important next step.”

Night Time Industries Association CEO Mick Gibb said:

“The Night Time Industries Association welcomes the NSW Government's commitment to creating safer workplaces in our industry and supports measures that protect workers and patrons.

“This initiative will bolster the efforts that are already underway across the sector, with many venues implementing comprehensive safety protocols, staff training programs and cultural changeinitiatives."

Australian Hotels Association NSW Director John Green said:

“Safety is something we all want when we go out, and these reforms deliver that.”

“One shouldn’t come at the cost of the other – vibrancy and safety should go hand in hand. The proposed reforms build on our ability to look after patrons and staff.”

ClubsNSW CEO Rebecca Riant said:

“Registered clubs take the safety of workers and patrons extremely seriously. Clubs provide regular training and already have strong protocols in place, which is why our members pride themselves on being the safest venues in New South Wales.

“Those who fail to uphold safety standards tarnish the reputation of the entire hospitality industry. ClubsNSW welcomes this announcement from the Minns Labor Government — these reforms are a great step towards holding bad actors accountable and ensuring consistent, high-quality safety practices across the industry.”