Prescribed Emergency Worker & Occupations in SA
If you are charged with assaulting someone in South Australia, the consequences may be more serious than you expect.
Especially, if the victim is considered a prescribed emergency worker or someone in a prescribed occupation.
These classifications are significant under section 5AA of the Criminal Law Consolidation Act 1935 (SA), because they can elevate a basic assault into an aggravated offence, with harsher penalties.
In this article, we explain who counts as a prescribed emergency worker and prescribed occupation, how courts treat these charges, and what it means for your legal defence.
What Is a Prescribed Emergency Worker?
Importantly, section 20AA of the Act defines a “prescribed emergency worker” to include any person listed under section 5AA(1)(ka).
This means that many occupations in South Australia that make an assault “aggravated” also trigger a more serious offence if the assault occurs while the person is performing their duties.
This allows the prosecution to charge the matter under section 20AA, which carries significantly higher maximum penalties, including up to 15 years’ imprisonment.
This is because a prescribed emergency worker is someone who performs a public-facing or high-risk role that warrants special legal protection under South Australia’s criminal laws.
Therefore, assaulting or threatening one of these individuals, during the course of their everyday duties, may can lead to aggravated assault charges or charges of assaulting police.
These occupations include:
- Police officer
- Law enforcement officer
- Protective security officer (under the Protective Security Act 2007)
- Prison officer
- Community corrections officer
- Community youth justice officer
- Training centre employee (as defined in the Youth Justice Administration Act 2016)
- Officer of the Department (under section 4A of the Correctional Services Act 1982)
- Court security officer
- Bailiff (appointed under the South Australian Civil and Administrative Tribunal Act 2013)
- Police support workers
Healthcare & Emergency Medical Services
- Medical practitioner (including GPs and emergency doctors)
- Nurse or nurse practitioner
- Midwife
- Health practitioner (as defined under the Health Practitioner Regulation National Law (South Australia))
- Person performing duties in a hospital, including assistants and support staff
- Person assisting others performing hospital duties
- Person performing duties at a medical or testing site, such as general practices, COVID/vaccination clinics, or disease screening centres
- Person performing retrieval medicine duties, such as a pilot, paramedic, or emergency doctor
- Medical or health practitioner attending an unscheduled or out-of-hours callout, or treating a person at the scene of an accident or other emergency in a rural area
Ambulance, Fire & Emergency Services
- SA Ambulance Service Inc member
- South Australian Metropolitan Fire Service (SAMFS) member
- South Australian Country Fire Service (SACFS) member
- South Australian State Emergency Service (SASES) member
Pharmacy & Medicine Dispensation
- Pharmacist
- Pharmacy assistant
- Person performing duties in a pharmacy
- Person providing pharmacy services at a location other than a pharmacy
- Person assisting with off-site pharmacy services
Transport, Retail & Miscellaneous Roles
- Passenger transport worker
- Person working in publicly accessible areas of a shop
- Inspector (as defined under the Animal Welfare Act 1985)
- Any other occupations listed in the Criminal Law Consolidation Regulations 2021.
Why Are These Occupations Treated Differently?
These roles are considered essential to public safety.
The law assumes that attacks or threats against people in these occupations are not only dangerous to the individuals involved, but also undermine the functioning of public institutions. For this reason, courts treat these cases more seriously by:
- Imposing higher maximum penalties;
- Emphasizing general deterrence in sentencing;
- Making orders for compensation for any equipment or property that was damaged;
- Making it significantly harder to be released on bail.
How Are Assaults Against Prescribed Emergency Workers Charged?
While assaults in South Australia are generally prosecuted under section 20 of the Criminal Law Consolidation Act 1935 (SA), there is a separate, more serious offence under section 20AA that applies specifically to prescribed emergency workers which is distinct from other assault and violent offences.
This section criminalises a range of conduct, including causing harm intentionally or recklessly, as well as basic assaults — so long as the victim is a prescribed emergency worker acting in the course of their official duties.
Offences Under Section 20AA:
- A person who causes harm to a prescribed emergency worker acting in the course of official duties, intending to cause harm, faces a maximum term of imprisonment for 15 years.
- A person who causes harm to a prescribed emergency worker acting in the course of official duties, and is reckless in doing so, faces a maximum term of imprisonment for 10 years.
- A person who assaults a prescribed emergency worker acting in the course of official duties is guilty of an offence, and faces a maximum term of imprisonment for 5 years.
- A person who hinders or resists a police officer acting in the course of official duties, and, in so doing, causes harm to the officer, faces a maximum term of imprisonment for 15 years.
The law applies to both paid and volunteer workers, and the protections are available even in cases where no physical harm occurs, such as spitting or threatening with bodily fluids.
Human Biological Material (Spitting, etc.)
Section 20AA also specifically criminalises the act of causing “human biological material” (like saliva, blood, vomit, urine, or semen) to come into contact with the emergency worker.
- Even if no injury occurs, spitting or throwing such substances can amount to an offence under s 20AA(3) or even s 20AA(1) if there is intent to cause harm.
- This provision was introduced to protect workers from both psychological trauma and biohazard risk.
Examples
- A drunk patron spits on a paramedic during a late-night callout
- A person pushes a pharmacist after being denied codeine
- Someone punches a police officer during an arrest
- A commuter verbally threatens a bus driver and throws a bottle
Defending a Charge Involving a Prescribed Emergency Worker
Being charged does not automatically lead to a conviction. Potential defences include:
- Disputing the prescribed status (Was the person actually on duty?)
- Self-defence or provocation
- Lack of intent or mistake of fact
- Mental health or cognitive impairment
- Negotiation to downgrade the charge (e.g. basic assault)
In some cases, we’ve successfully argued for non-conviction outcomes or a reduction in charges altogether.
Charged With Assaulting a Prescribed Emergency Worker?
Facing charges for assaulting police?
Do not leave your future to chance. These charges are serious and carry lasting consequences. We act quickly, communicate clearly, and fight hard to protect your rights. Book a free 30 minute consultation to get started.
