Canberra emergency workers have called for harsher penalties to be imposed on anyone who assaults first responders, adamant new ACT laws need to be toughened.
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The new legislation was used in sentencing for the first time after Macquarie man Jesse Roland Palmer spat in the face of ACT Policing Sergeant Michael Woodburn during a call-out in August.
Up until June, criminal charges in the territory didn't reflect whether someone had assaulted a frontline worker or a civilian. Offenders who committed low-end attacks were charged with common assault and could be dealt a maximum two years in prison.
Offenders now face a more specific charge - "assault frontline community service provider" - but the maximum penalty of two years in prison remains.
During Palmer's sentencing, Sergeant Woodburn expressed his disgust at the attack, and said he did not believe the community respected the challenging work of community police officers.
"This was reflected in your actions that morning and is also reflected in the territory's offence provisions, which provide no difference in the statutory penalty regime between a common assault and the assault of a frontline community service provider just doing their job," Sergeant Woodburn said.
"Both of these are minor offences punishable by a maximum term of imprisonment of two years.
"I believe this is inadequate recognition of the dangers faced by our frontline workers when keeping our community safe."
Australian Federal Police Association president Alex Caruana said the maximum penalty for assaulting a frontline worker should be increased to five years in prison to reflect the heinousness of the crime.
Making the change would bring the ACT further into line with NSW, where assaulting, throwing a missile at, stalking, harassing or intimidating a police officer attracts a maximum penalty of five years in prison, or seven if the assault is committed during a "public disorder".
"We don't think two years is quite enough considering that you can get in more trouble for damaging a vehicle than you can for assaulting a police officer, or any first responder for that matter," Mr Caruana said.
"I think it's a pretty low blow [when] a police officer is there to help the community and somebody assaults them, especially in times of [coronavirus].
"We have seen people weaponise the fear of COVID-19 [and] this is a way to stop it."
If the maximum penalty for assaulting a frontline worker had been five years in prison, maybe Palmer wouldn't have been handed such a "light" sentence, Mr Caruana said.
The 29-year-old will serve 10 months in jail before he is eligible for parole.
ACT Special Magistrate Margaret Hunter sentenced him to a total 16 months in prison to account for the assault and other crimes, and said the spitting offence was made particularly egregious by COVID-19.
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United Firefighters Union acting ACT branch secretary Mate Peric agrees the maximum penalty for assaulting a frontline worker should be increased to five years in prison.
"Common assault is one thing, but assaulting somebody that's doing their job for the benefit of the person or people at hand ... it's the next level," he said.
Likewise, the Transport Workers' Union, which represents paramedics in the ACT, said it would welcome the change as long as assaults would still be treated on a case-by-case basis.
"Regrettably, the work [of] paramedics far too often brings them into contact with potentially violent patients," union official Ben Sweaney said.
"Our members welcome all steps to deal with and prevent these scenarios."
An ACT government spokesman said the decision to impose a two-year maximum imprisonment penalty was made in consultation with the Human Rights Commission.
He said the legislation included a requirement the offences be reviewed within two years following their commencement, and "this will be an opportunity to consider whether the offences are working as intended, including the penalty provisions".
"We passed new laws to better protect police, firefighters, paramedics, emergency services staff and corrections workers on the job," the spokesman said.
"These frontline workers provide critical services for the ACT and violence against them would not be tolerated."
ACT Opposition spokeswoman on police and emergency services Giulia Jones said a Canberra Liberals government would increase the maximum penalty for assaulting a frontline worker to five years in prison.
She said the party had "steadfastly advocated for greater protections for frontline responders" but had been "repeatedly knocked back by Labor and the Greens".
"Only a Canberra Liberals government will give frontline responders the legal protections they deserve to help keep them safe on the job," Ms Jones said.
The Canberra Liberals said they moved an amendment to increase the maximum penalty for assaulting a frontline worker to five years in prison in May this year, but Labor and the Greens rejected it.