South Australian Government is consulting experts on whether to toughen laws to prevent bullying
SCHOOLS could be required by law to have anti-bullying policies to prevent the behaviour and intervene in nasty cases as the State Government considers new legislation.
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SCHOOLS could be required by law to have anti-bullying policies to prevent the behaviour and intervene in nasty cases as the State Government considers new legislation.
Attorney-General Vickie Chapman will tomorrow host a discussion with experts to explore whether South Australia needs further criminal laws to address bullying in schools and, if so, what they should cover.
Last year MPs debated a Bill, known as Libby’s Law, which would have imposed a penalty of up to 10 years but it lapsed when Parliament broke for the March state election.
Libby took her life just over a year ago after what her parents allege was a bullying campaign by peers.
The Bill was put forward by then Australian Conservatives MP, now Liberal backbencher Dennis Hood.
The Liberal Government is considering what changes may be needed but its discussion paper to be presented to experts appears to warn against “criminalising” bullying behaviour among children.
“There continues to be misinformation … that bullying alone causes suicide and that punitive responses to bullying and criminalisation are the most effective response,” the paper states.
“There appears to be no agreed understanding in the community about what bullying is, what is already being done to address it, or indeed, how to best address is.”
Tomorrow’s discussion will bring together senior police, lawyers, mental health workers, ministers and public servants responsible for education, child protection, human services and the justice system and representatives of universities and Catholic and independent schools.
Ms Chapman said she was “committed to looking at what legislative reforms we could introduce to toughen our stance on bullying”.
Education Minister John Gardner is also asking parents, teachers and children to share their views on how best to crack down on bullying in schools through an online survey.
The feedback will contribute to a new schools policy to be in place for the start of next year.
Last year, the Education Department received 236 complaints about bullying.
A departmental audit of 500 schools found 12 per cent either didn’t meet basic expectations or didn’t have an anti-bullying policy.
Experts will be asked to consider laws in place in Canada which impose a legal requirement for public and private schools to implement anti-bullying strategies with specific measures for intervention, prevention and education.
Bullying is not defined as a crime in South Australian law but the behaviour can be prosecuted as assault, threats, stalking, causing harm or risk of harm and taking or distributing humiliating or invasive images.
Children aged younger than 10 cannot be charged with a criminal offence in SA.
The final report of a Senate inquiry into existing cyber-bullying laws, delivered in March, argued against new laws to increase penalties for cyber-bullying offences committed by children.
For support, call Kids Helpline on 1800 55 1800 or Lifeline on 13 11 14.