Experts deliver report to South Australian Government warning against making bullying by children a crime

Making bullying a crime is not the answer to protecting children and could even cause more harm, experts have told the State Government.

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Making bullying a crime is not the answer to protecting children, experts have told the State Government.

Instead, it should consider requiring families to come together to address problems between children or use existing laws to put protection orders in place in the most serious cases.

Police, lawyers, educators and academics attended a roundtable in late September, where they were asked to consider if new laws were needed to make bullying a crime in South Australia.

The group has delivered its report to Attorney-General Vickie Chapman which finds that “existing criminal laws are adequate”.

Ms Chapman said the experts were “concerned with further criminalising this behaviour”, which could “pose its own risks” as children were still developing mentally and behaviourally.

Last year, MPs debated a Bill, known as Libby’s Law, which would have imposed a penalty of up to 10 years in jail for bullying but it lapsed when parliament broke for the March state election.

Libby Bell took her life at 13 after what her parents allege was a bullying campaign by peers.

Commissioner for Children and Young People Helen Connolly presented findings to the roundtable, gleaned from interviews with 284 students, which showed that the responses young people wanted to bullying were “not necessarily what adults think would work”.

“For example, they said things like punishment do not work,” the final report to government states.

Instead, it makes recommendations to consider:

EXPANDING laws before parliament to require parents and children to take part in family conferences to resolve bullying cases

DEVELOPING a “rapid expert response” team within the Education Department that principals could call on for advice on managing bullying

USING intervention orders issued by the courts, usually to protect adults from violence or stalking, to keep children safe in severe cases of bullying

BETTER training teachers, including student teachers and recent graduates, to boost their confidence to intervene, when they see bullying.

The report notes that there are many existing measures that parents, children or teachers do not know about or are not using, such as the Youth Court being able to issue formal cautions against further offending and order young bullies to pay compensation or apologise to their victims.

Bullying also can also be addressed with charges for assault, stalking, threats, humiliating or degrading filming or distributing an invasive image.

The Office of the eSaftey Commissioner can help with swift removal of bullying content from online platforms.

For support, phone Kids Helpline on 1800 551 800 or visit kidshelpline.com.au

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