There are two different offences of assaulting a police officer under South Australian legislation and the police may choose which offence they are to charge an offender with.

Aggravated Assault

A person commits this offence when they assault a police officer or other person engaged in a prescribed occupation or employment, knowing that the victim was acting in the course of their official duties, or, in the case of a police or other law enforcement officer, in retribution for something the offender believes they have done in the course of their duty [Criminal Law Consolidation Act 1935 (SA) s 5AA(1)(c) and (ka), s 20 and Criminal Law Consolidation (General) Regulations 2021 (SA) reg 4].

The maximum penalty is imprisonment for 5 years, or 7 years if the assault causes harm [s 20(3), (4)].

Assault Emergency Worker

There are also offences of assaulting a prescribed emergency worker or causing them harm under s 20AA. An assault, or harm, can include intentionally causing human biological material to come into contact with a victim or threatening to do so (for example, by spitting). There is also a separate offence of committing a prohibited act involving human biological material, see Prohibited act involving human biological material.

An emergency worker is prescribed in section 20AA(9) to include:

The maximum penalty for an assault under s 20AA is imprisonment for 5 years [s 20AA(3)]. The maximum penalty is imprisonment for 10 years if harm was caused recklessly or while hindering or resisting a police officer acting in the course of official duties [s 20AA(2), (4)], and 15 years if harm was caused intentionally [s 20AA(1)].

For the purposes of an offence against s 20AA, harm has the same meaning as in Division 7A s 21, namely physical or mental harm (whether temporary or permanent).

Commonwealth Frontline Workers

There are also federal offences under the Criminal Code Act 1995 (Cth) that criminalise causing harm or threatening to cause harm to Commonwealth public officials [see Criminal Code Division 147]. Public officials include Commonwealth judicial officers, Commonwealth law enforcement officers (such as members of the Australian Federal Police) and Commonwealth frontline workers. A Commonwealth frontline worker is any Commonwealth public official who performs work that requires them to deal directly with the public. The penalty for an offence against Division 147 can be imprisonment for up to 13 years.