Book 8 - Parliament of Victoria

CRIMES AMENDMENT (BULLYING) BILL 2011
1548 COUNCIL Tuesday, 31 May 2011
representatives, workers, OHS professionals and my union
that I am not the only person to suffer this kind of response or
lack of it from the OHS regulator we are supposed to be able
to turn to when the workplace is unsafe. I would not want
what has happened to me to happen to anyone else if it can be
prevented.
He said at the end of his letter:
I am aware that the government is looking to make changes to
the Crimes Act to increase the level of accountability and
penalties for people who engage in bullying, and while that
may send a strong message about the potential consequences
of this behaviour it will not necessarily drive prevention of
bullying in workplaces. At the end of the day prevention is
about what WorkSafe does and what they require employers
to put in place and how they deal with these issues when
someone comes to them with a complaint about behaviour
that is going on right then and action needs to be taken. I am
concerned that changes to the Crimes Act will not necessarily
improve the situation for someone who is exposed to the
situation I found myself in.
That is all I can say about Mr Hodge’s case, given that
there are charges pending, but suffice it to say by his
account he is another person who has been subjected to
a long period of humiliation, harassment and
intimidation in his workplace. There are thousands of
such people, so we have a big issue in front of us.
In terms of workplace bullying, employers need to
improve their understanding of what is appropriate
behaviour both in terms of their own behaviour and
recognising bullying of their staff, in particular young
workers. Young workers do not have experience of the
workplace or of life. They can be very vulnerable and
reluctant to speak up because they want to make a good
impression or they do not know what to do, or there
could be many other reasons.
JobWatch is the service people have felt they can turn
to by ringing up and getting help. It is important that
JobWatch continues to be supported by the
government, because we cannot just rely on the Crimes
Act 1958 or the Occupational Health and Safety Act
2004. There is also the antidiscrimination legislation,
such as the Equal Opportunity Act 1995. These are all
areas where people can go.
The government needs to look at how to raise
awareness of the issue in the community similarly to
what was done with sexual harassment. We have made
it such that sexual harassment in the workplace or the
community is just not on any more, but I do not think
we have gotten to that stage with bullying. The issue
needs to be brought out into the open in order to
support this legislation.
The government needs to run public health campaigns
about bullying so that people become aware that the
terrible behaviour that was perpetrated against Brodie
Panlock and thousands of other people in Victorian
workplaces — and Australian workplaces for that
matter — is not on. That is what has to happen. It is
good that people who engage in bullying behaviour will
be punished at the end of the day, but it would be better
if people did not engage in that behaviour so that it does
not escalate. Everyone else around them — not just the
legal system, not just WorkSafe, not just the Victorian
Equal Opportunity and Human Rights Commission, but
everyone — needs to send them the message that it is
completely out of order. I would hope we never have to
use this legislative provision. I would prefer it if we
moved to a situation where people understood that that
type of bullying is unacceptable.
I have a lot of information in front of me. I have
concerned myself with this issue over a long time.
There is so much to say and so little time. I hope I have
been able to convey my feelings for the family of
Brodie Panlock. I feel for them. I understand how they
are going, but then of course I have no idea what they
must suffer every day. My heart goes out to them. I
hope they can find some comfort from the passing of
this legislation today.
I say to members of the government: they are the
government now. A lot of workplace bullying and
cyberbullying is going on; there is a lot to do. This is
one step, but it is not the end of the road — there is so
much more to do. I urge the government to take up that
challenge and spend the rest of its first term working
out how we can stamp out bullying in all its forms.
Mr O’BRIEN (Western Victoria) — It is with
mixed emotions that I rise to speak to the Crimes
Amendment (Bullying) Bill 2011. The bill is a response
to the issue of serious bullying and its devastating
effects on our community. The issues which this bill
seeks to address have most tragically been witnessed
with the suicide of Brodie Panlock as a result of
appalling workplace bullying in September 2006. Hers
is not the only case that has led to the introduction of
the bill. However, her family — in particular her
parents Damian and Rae Panlock — have painfully
undertaken a campaign to seek justice in relation to
their daughter’s tragedy. Their call for the introduction
of what has been appropriately called Brodie’s law is a
testament to their persistence and courage in doing
something for other families so as to reduce the
prospects of Brodie’s tragedy being repeated.
I will answer some of the concerns that have been
raised by the opposition and the Greens. Before doing
so I thank them for their support for this bill. I also take
this opportunity to join with them in expressing our