Bully for Brodie's Law

Criminalisation of bullying … Brodie's Law falls flat … Difficulties in opening the new frontiers of bully law … Subspecies of harassment … Former judge says it's lagging behind the "sun-smart" campaign as an awareness issue … Sylvia Varnham O'Regan's Yarraside Yarns 

Brodie Panlock and her bullies

JUNE 11 marked a year since the passing of Brodie's Law.

It's named for Melbourne teenager Brodie Panlock, who took her own life in 2006 after sustained bullying at the Hawthorne café where she worked. 

Police now have the power to investigate and prosecute bullies under the Crimes Act, with the the prospect of up to 10 years in the slammer for perpetrators. 

There was jubilation at the time the law was passed, particularly from Panlock's parents who had campaigned tirelessly for it. 

Roll on to today, and the anniversary is characterised by a discouraging fact: the law has yet to be applied.

In the hope of spreading awareness about Brodie's Law, Panlock's parents recently released a video on YouTube, urging the victims of bullying to come forward and lay complaints. 

The clip emphasised that Victoria Police now have greater powers to investigate and prosecute bullies like those who tormented their 19-year-old daughter. 

Have a look.

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THERE is some evidence that bullied people can themselves become bullies, so it's a good idea to nip the disease in the bud. 

So why has Brodie's Law fallen flat, so far?

Moira Rayner, deputy chair of the Law Institute of Victoria's workplace relations section, thinks that victims fear they will be persecuted if they go to the police. 

And in many cases, like that of Brodie Panlock, management knows bullying is going on and do nothing. Not surprisingly, victims read this as a sign that, if they complain, nothing will come of it.

Convictions could also be difficult to secure, which means the police don't make enforcement a priority. 

To get a case up requires witnesses who aren't afraid to testify and evidence of a prior complaint. 

It's also easy to forget that not far beneath the surface most bullies are also cowards.

In another twist, it turns out that police themselves are often victims.

New findings reported this week show that a fifth of the Victorian police force have experienced bullying at work, and nearly a third have witnessed bullying behaviour.

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RETIRED Family Court chief justice Alastair Nicholson has weighed into the issue as chairman of the National Centre Against Bullying. 

"What we would like to see is a seismic community change of attitude towards bullying in the same way that we have seen with smoking, drink-driving and being sun-smart." 

His outfit is rolling out an eSmart program in state schools. 

Nicholson also makes the point that the law has never properly or systematically addressed the issue of bullying. 

A House of Reps committee has been charged with the job of delving into what laws are needed to fill the cracks in relation to remedies for workplace bullying. 

Naturally, The Australian warned that this might lead to an "anti-business jamboree". 

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Delta Goodrem: bullied online

RAYNER tells me that the increase in reports of workplace bullying over the last few years shows there's a link between bullying and tough economic conditions. 

Managers who are under pressure to cut costs and increase productivity are more inclined to bully employees.  

That is not to say bullying takes place only from the top. 

Peer-to-peer bullying is also all-go and management is often confused about what action they should take - so they look the other way. 

The internet has turned bullying into a 24 hour, seven day a week industry. No one is immune - if someone doesn't like you they can hammer you online.

Even singer Delta Goodrem has endured a large online hate campaign since appearing on Channel Nine's The Voice.

Last week the Hun reported (Rupert's paywall) that this could lead to actions in stalking and defamation. 

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IT'S not all rotten news for victims. There are some successful bullying claims, such as that taken by International Airlines Services' cleaner Pasquale De Petro last year. 

De Petro was awarded $325,000 in the County Court for the shocking harassment and abuse he endured from his superiors at the cleaning company, based at Tullamarine.  

De Petro's lawyer, Tony Carbone, explained after the ruling that most cases of a similar nature don't succeed because it's difficult to find witnesses to corroborate claims. 

The causal links between workplace interactions and physical or psychological health problems are elusive. 

Because of the complexities in taking on the bully at law, many victims are advised to simply quit their jobs.

General protection against adverse action is provided for under the Fair Work Act 2009 and disputes under the legislation are typically resolved through mediation. 

Given that most bullied people want the bullies to go away, is Brodie's Law really much help? 

Tweet me @sylviavarnham 

See also: Bully beef and Too much testosterone