New laws in Victoria mean workplace bullies could face criminal penalties of up to 10 years imprisonment after Parliament this week passed the Crimes Amendment (Bullying) Bill 2011.
The Bill amends provisions in the Crimes Act 1958 to bring serious bullying behaviour such as "threats and abusive words or acts" within the definition of stalking. The penalty for stalking is up to 10 years' imprisonment". The Bill also extends the scope of "harm", to include self-harm and defines "mental harm" as psychological harm and suicidal thoughts.
The Bill, commonly referred to as "Brodie's Law", was introduced in April 2011 in response to the death of Melbourne waitress Brodie Panlock, who committed suicide in 2006 after being incessantly bullied at work.
The new law is expected to take effect when it receives royal assent in early June 2011. Important legislative changes in the Bill include:
- broadening the scope of the definition of stalking to include serious bullying behaviour such as abusive and offensive words or acts
- making bullying behaviour subject to stalking penalties of up to 10 years imprisonment
- expanding the definition of harm to include self-harm and mental harm such as psychological harm and suicidal thoughts
- allowing bullying victims to apply for the protection of a stalking intervention order.
These laws will be in addition to the current provisions under the Occupational Health and Safety Act 2004 dealing with employers' obligations to provide a workplace which is safe and without risks to health, including mental health. The OHS Act also places obligations on individuals to take reasonable care for the health and safety of themselves and others.
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