Legal & Regulatory Developments within the Hospitality, Retail & Leisure sectors (September 2026)

This update highlights the legal and regulatory developments occurring between July – September 2026 that we see as relevant to our clients with portfolios focused on the Australian Hospitality and Leisure industries.

Once again, the major recent developments within the Australian Hospitality and Leisure industries have been centred around amendments to the liquor licensing laws and regulations, as well as proposed protections for workers in these industries against customer violence and abuse.  

There has continued to be few substantive developments when it comes to “slip and fall” case law, which is likely informed by cost-benefit analyses weighing into settlement vs trial decision making. 

Legislative and Regulatory Developments

New South Wales

Proposed Workplace Protection Orders (WPOs)1  

On 1 September 2026, the NSW Government announced proposed WPOs aimed to protect staff from customer violence and abuse.  

Once passed, Courts will be able to make orders for the duration and with conditions deemed necessary to stop protected workers aged 14 and older being assaulted, threatened, stalked, harassed or intimidated. This can include banning someone from a premises, contacting staff or possessing weapons.  

Breaching a WPO will be a criminal offense, punishable by up to two (2) years in prison and fines of up to $5,500.  

The scheme will initially target retail workplaces, with plans to expand to other public facing sectors over time.

The laws are expected to come into force within 12 months of their passage; this will allow for education, training and justice system upgrades. They will also be subject to a statutory review after three years.  

Victoria

Bill – Equal Opportunity Amendment (Work from Home) 

This Bill amends the Equal Opportunity Act 2010 (Vic) to give eligible full-time employees the right to work from home two days per week (pro rata for part-time employees), with no exemptions for business size or industry. Employers must cover reasonable associated costs (e.g. equipment and secure system access). 

Reasonableness is assessed against the inherent requirements of the role (e.g., need for in-person attendance, client interaction, or workplace-based equipment) and the impact on the employer (productivity, safety, supervision, client relationships, confidentiality, cost, and practicality). Requests must be made in writing, with employers required to respond in writing within 21 days, including reasons for any refusal. 

The Bill has been referred to a select committee, reporting by 20 October 2026, with the second reading deferred until then. 

The Bill will likely be limited to professional staff rather than frontline roles but will require employers to assess the suitability of employee work from home arrangements and is likely to see an increase in claims for injuries at home, which will necessitate an analysis of the definition of injuries ‘arising the course of employment’. 

Western Australia

Retail Barring Orders Bill 2025 (WA) 

This Bill was introduced to implement the Western Australian Government’s commitment to protect retail workers and businesses from escalating violence, threats and intimidation. It complements earlier reforms that created a specific offence of assaulting a retail worker and removed the fine-only penalty for stealing property valued at $1,000 or less, allowing courts to impose up to two years’ imprisonment. It also supplements existing protective measures, including surveillance, de-escalation practices, and retailer-issued banning notices. 

The Bill establishes an enforceable retail barring order scheme covering conduct such as physical or sexual violence or abuse, threats, stalking, intimidation and offensive behaviour on retail premises. An eligible person may apply to a court for an order restricting an offender from returning to specified retail premises. 

The Bill underwent its second reading in the Legislative Council, which published a Supplementary Notice Paper setting out proposed amendments to the Bill, on 17 September 2026. 

South Australia

Amendments to Knife Storage Laws2 

From 1 July 2026, South Australia is enforcing new legislation requiring retailers to either securely store or tether any dangerous knives for sale that are kept in publicly accessible areas. In addition, retailers will be required to display signs informing shoppers that the sale of knives to minors under 18 years of age is prohibited by law.  

Exemptions to the secure storage requirements for retailers will apply in cases where the knives being sold don’t actually pose a threat – such as disposable knives used for the consumption of food, butter knives or similar knives sold in a cutlery set that do not have a sharp point, as well as razor blades that are permanently enclosed in a cartridge.  

Non-compliance carries fines up to $10,000 or a $1,000 expiation fee. 

Tasmania

Repeal of the Liquor Licensing Regulations 2016 (Tas)3 

On 17 August 2026, the Tasmanian Liquor Licensing Regulations 2016  were repealed and now operate under the Liquor Licensing Regulations 2026 supporting the Liquor Licensing Act 1990.  

It includes:  

• interests for the purposes of the definition of “best interests of the community”;  

• specifying certain substances as liquor;  

• identifying small producers for the purposes of the small producer’s permit;  

• a minimum age of 16 years to sell or serve liquor;  

• certain matters relating to barring orders; and  

• certain matters relating to the collection of wholesale liquor supply information.  

Northern Territory

Introduction of the Liquor Amendment Bill 2026 

The Liquor Amendment Bill 2026 was introduced into the Northern Territory Legislative Assembly on 23 July 2026. According to its Explanatory Statement, the Bill aims to improve the effectiveness and clarity of the Liquor Act 2019 (NT), modernise liquor-licensing processes, strengthen compliance and enforcement, and reduce unnecessary regulatory burdens. It also proposes to transition Interim Alcohol Protected Areas into the General Restricted Area framework and establish a process through which communities may seek to vary or revoke those restrictions. 

The Bill was referred to the Legislative Scrutiny Committee and within its August 2026 inquiry report, the Committee recommended that the Bill be passed with amendments. In particular, it recommended expressly requiring the Liquor Commission to consider community impact and public-interest requirements when varying licence conditions, and expanding the circumstances in which a person subject to a banning notice may enter a high-risk area to include accessing essential services or attending another appropriate place authorised by police. 

Australian Capital Territory

Introduction of the Liquor Amendment Bill 2025 

The Liquor Amendment Bill 2025 seeks to regulate same-day alcohol delivery and to introduce: 

•  A maximum volume of liquor that can be delivered to one customer over a 24-hour period; 
• Restricted delivery hours which limit when alcohol deliveries can take place; 
• An offence of delivering alcohol to a person who is evidently intoxicated; 
• A requirement for customers to register their ID when creating an account with a delivery service; and 
• Responsible Service of Alcohol (RSA) training requirements for same-day delivery providers and their drivers. 

The RSA training requirements for delivery drivers could be relevant to workers’ compensation insurers. Delivery staff that are inadequately trained could face greater risk of incidents, especially where deliveries involve confrontations with intoxicated customers.