Brodie's Law means workplace and cyber bullies face 10 years in jail

TOUGHER laws for workplace bullies are welcome, but employers shouldn't think they can wash their hands of the problem, unions say.

Damian and Rae Panlock

TOUGHER laws for workplace bullies are welcome, but employers shouldn't think they can wash their hands of the problem, unions say.

Bullies will face up to 10 years' jail under changes to stalking laws to be introduced in Parliament this week, and an industry group wants the laws to be nationwide.

The parents of Brodie Panlock, the bullied waitress whose tragic death prompted the change, yesterday welcomed the news, while some called for the Federal Government to take a leaf from the State Government and implement nationwide bullying laws to stamp out harassment in the workplace.

But ACTU president Ged Kearney told heraldsun.com.au this morning while she hoped the increased penalties would deter people from bullying, she was concerned holding individual bullies responsible could absolve employers of their obligations.

"These laws will hopefully help deter people from conducting such undesired behaviors but it shouldn't suggest to employers that it's no longer their job to provide a safe workplace for all employees," Ms Kearney said.

“Every workplace should have policies and procedures to deal with bullying and harassment, as it's essential for employers to provide a safe and harassment-free environment for all their workers."

The new laws, nicknamed "Brodie's Law", will add serious workplace and cyber bullying to Crimes Act provisions already governing stalking.

Children who use Facebook to threaten or harass could be caught up in the change, although those under 10 cannot be brought before a criminal court.

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"If this law had existed then (when Brodie was victimised), the vultures who caused our daughter's death would be in jail," said Brodie's father, Damian Panlock.

"That's the only way you can show anyone what this law is about - not just give them a fine and a slap on the wrist."

Ms Panlock was 19 when she jumped to her death from a building in 2006 after being bullied at a Hawthorn cafe.

A court was told that co-workers abused her, spat on her, poured beer over her and held her down while she was doused in cooking oil.

When she first attempted suicide she was mocked for failing, then offered rat poison.

Attorney-General Robert Clark said the kind of behaviour inflicted on Brodie would not be tolerated.

"Victorian families are entitled to be confident that their children starting out in the workforce are protected from falling victim to serious bullying," he said.

Cabinet yesterday approved the Crimes Amendment (Bullying) Bill, which is likely to be introduced to Parliament this week.

And calls have been made for the legislation to be used as a federal model, ensuring nation-wide anti-bullying laws.

The Victorian Employers' Chamber of Commerce and Industry's Alexandra Marriot said the legislation to be put before State Parliament should be used to create a federal model.

"Much of this work is already underway," she told heraldsun.com.au this morning.

"Our position is that this kind of thing would be dealt with through a federal model and a federally consistent approach would be adopted to this kind of issue.

"Bullying can be a serious problem in the workplace, the Panlock case is of course one of the more extreme examples of what happens when it's not managed in the workplace.

"Generally speaking employers are very aware of their obligations to provide a safe workplace for their employees and that means a workplace free from severe bullying."

Police association boss Snr-Sgt Greg Davies said he thought it was important bullying and what it referred to was accurately defined in the legislation.

"We need to be very careful the legislation differentiates between the top end of the scale and the bottom and doesn't condemn a teenager for not sharing their cricket bat with someone," Sen-Sgt Davies said.

Bullying behaviour that is part of a course of conduct and could reasonably be expected to cause physical or mental harm to the victim, including self-harm, will be treated as stalking.

Cyber bullying will be covered by the new law if it is part of a pattern of conduct likely to cause physical or mental harm, or fear of it.

The owner, manager, chef and a waiter at the restaurant where Ms Panlock worked were charged with workplace offences rather than assault or criminal offences. They were convicted under the Occupational Health and Safety Act and fined a total of $337,000, but didn't face jail sentences.

Damian Panlock said he and his wife, Rae, had seen no justice since the death of their youngest child.

"They get a fine, a slap on the wrist, then they walk away and have a life," Mr Panlock said.

"We haven't got a life. We don't sleep. We still take sleeping pills nearly five years later."

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Are you a victim of bullying? Do you know somebody who might be?
There is plenty of help and support out there, including some of the organisations listed below:

Headspace
Headspace provides information, services and supports for young people aged 12 to 25 years. If you are going through a tough time or need someone to talk to visit www.headspace.org.au/headspace-centres to get in touch with your nearest headspace centre.

BeyondBlue
For more information on bullying and where to get help go to www.youthbeyondblue.com or call 1300 22 4636

Kids helpline
If you need to speak to a counsellor, call 1800 55 1800, 24 hours a day, 7 days a week or visit our website www.kidshelp.com.au

Workplace bullying
Contact worksafe at worksafe.vic.gov.au/bullying or on 1800 136 089 (9am-5pm Monday to Friday)