The Employers and Manufacturers Association (EMA) says the expansion of citizen's arrest powers announced by the government today could significantly raise the health and safety risks faced by workers in the retail sector and seems unlikely to effectively reduce shoplifting.

EMA Head of Advocacy Alan McDonald says business owners are being encouraged to put themselves and their staff in harm’s way, which is in breach of the Health and Safety at Work Act.

"Employers have a duty of care not to put their people in harm’s way and encouraging staff to restrain or try to make a citizen’s arrest against offenders deliberately puts employees in the frame for injury. Health and safety applies to all businesses.

"The impact of theft is often far greater on small businesses who can’t absorb the losses so readily, but the impact of possible harm is also great on friends and families if things go wrong.

"Our concern is that these proposals will lead to an escalation in violence. If an offender believes they will be met with aggression, they will come prepared.

"In addition, far from discouraging thefts or aggression in retail workplaces, we believe this will result in swarming behaviour in which a number of offenders will be present to create numerical superiority. Those are outcomes that no-one wants."

New crime data released yesterday showed a drop in violent crime for first time since 2018.

Ram raids have reduced 58% between 2023 and 2024 and total violent crime has reduced by 2%.

A 40% increase in foot patrols by police has much to do with discouraging these behaviours.

The concerning 12% increase in retail theft and related offences can be met the same way, with a heightened presence of trained police, says McDonald.

"Police officers undergo months of training on the correct level of force that is acceptable in apprehending suspects.

"They are the experts in de-escalating violence and their increased presence in shopping centres and other retail areas is the safest solution, alongside preventative measures, the ability to recover goods and effective trespass laws."

Section 48 of the Crimes Act 1961 states that you can use reasonable force in self-defense, including resisting restraint by a member of the public.

"We are very concerned about judgement calls being put in the hands of sometimes young or inexperienced workers in the retail sector and the very real danger of violence being the outcome," says McDonald.

"It’s more likely that those who try to restrain offenders will also face a greater risk of prosecution themselves, if they are perceived to have stepped over the boundary of what is reasonable restraint."

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