Criminalisation of workplace bullying

The Victorian Government recently introduced the Crime Amendment (Bullying) Bill 2011 into State Parliament, which will provide a maximum jail term of ten years for perpetrators found guilty of workplace bullying.

The amendment is commonly being referred to as ‘Brodie’s Law’ after the 2006 death of Brodie Panlock. She committed suicide at age 19 after being victimised by colleagues at a café in Melbourne. We reported on the case in our Winter Edition 2010 of The Workplace. The Bill will amend the existing offence of stalking to cover the types of conduct and behaviour that is often described as workplace bullying.

What will change?

While certain behaviours typical of being described as workplace bullying may fall within the current definition of stalking, the Bill expands the definition of what is considered stalking to include:

making threats to the victim
using abusive or offensive words to or in the presence of the victim
performing abusive or offensive acts in the presence of the victim
directing abusive or offensive acts towards the victim
acting in any other way that could reasonably be expected to cause physical or mental harm to the victim, including self harm; or to arouse apprehension or fear in the victim for his or her own safety or that of any other person.
Further, a definition of mental harm is inserted and includes psychological harm and suicidal thoughts. Attorney-General Rob Clarke believes that the changes ‘…will make it clear that the kind of suffering inflicted upon Brodie Panlock will be treated as stalking and will be liable to a jail term’.

What does it mean for employers?

The amendments enhance the current protection afforded to employees under the Occupational Health and Safety Act 2004 (Vic) (OHS Act), which requires employers to provide a safe, risk free working environment, by criminalising the more extreme examples of workplace bullying.

One of the issues will be the level of understanding about the changes in workplaces. Employers should communicate the changes to their employees and amend relevant policies and procedures to alert employees to the potential for criminal sanctions.

While the Bill is aimed at the individual as opposed to employers generally, employers still have an obligation to provide a safe workplace for all employees under the OHS Act.

For more information, please contact:

Kirsty Galbraith, Solicitor
Workplace Relations, Employment and Safety
Tel +61 3 9274 5187
[email protected]

Rick Catanzariti, Partner
Workplace Relations, Employment and Safety
Tel +61 3 9274 5810
[email protected]