NSW Government targets unsafe workplace culture

The NSW Government has introduced tougher sanctions for venue owners, licensees, managers and bar staff that fail to ensure a safe workplace for staff and patrons.

As part of the NSW vibrancy reforms, and following concerning allegations about the workplace culture at some licenced venues in Sydney, the reforms will make 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.

The changes are intended to create a safer working environment for the hospitality sector by expanding the grounds for cancelling or suspending a liquor licence to include situations where a licensee has failed to address or prevent a significant risk to the safety of staff or patrons. This includes situations where the risk of sexual assault has not been prevented.

The reforms will give the Independent Liquor & Gaming Authority the power to take away licences on these grounds, while the NSW Police and Liquor & Gaming NSW will be able to apply to lodge complaints with the independent authority.

The reforms will also make it easier for individuals to have their Responsible Service of Alcohol (RSA) competency cards removed for engaging in such behaviour – preventing people being sacked for misconduct at one venue, and rehired at another days later.

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.”

The Sorry Not Sorry collective was formed in the wake of the Sydney Morning Herald’s investigation into disturbing allegations against Swillhouse, as a means for its founding members to stand in solidarity, campaign for meaningful change, and raise funds to support legal proceedings against their former employer.

Jenna Hemsworth, Co-founder of Sorry Not Sorry, told Bars & Cocktails: “The announcement of the new legislation is a great step toward a safer and more inclusive industry for everyone, and we are elated to see tangible evidence of the advocacy we have been driving for the last 12 months.

“It is a monumental occasion in the hospitality industry that key decision makers in the NSW government have not only listened – but taken action. We are excited to continue working alongside the NSW government and other key decision makers to continue building a safer and more inclusive industry.”

According to Minister for Work, Health and Safety, Sophie Cotsis, SafeWork NSW is recruiting 51 new inspectors, including 20 psychosocial-focused inspectors and five psychosocial investigators, as part of a $127.7 million investment to improve workplace mental health and safety, with hospitality being one of the focus industries.

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

“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.”

These changes form part of the third phase of vibrancy reforms, which last month included changes to ensure vulnerable patrons are safer on nights out, giving venues the ability to keep intoxicated people on premises while they wait for transport or medical assistance, rather than requiring their immediate removal.

Earlier this year, the NSW Government also became the first in Australia to require all hospitality staff and liquor licence-holders to complete specialist training in preventing sexual harassment and sexual violence, as part of the enhanced RSA course.

AHA NSW Director John Green commented: “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.”

Night Time Industries Association CEO Mick Gibb added: “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 change initiatives.”