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Book 8 - Parliament of Victoria

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CRIMES AMENDMENT (BULLYING) BILL 2011<br />

1560 COUNCIL Tuesday, 31 May 2011<br />

and <strong>of</strong> course many people are in a similar situation in<br />

this country and in many countries around the world.<br />

As young people grow there is also the need to belong<br />

to their peer group — they need that sense <strong>of</strong><br />

belonging — and the need to establish their own<br />

identity. Safety and security intersect and graduate into<br />

the urge to belong. When you belong there is a<br />

corollary, which is that some cannot or do not belong.<br />

When young people establish a group <strong>of</strong> friends and a<br />

sense <strong>of</strong> belonging there is always someone who does<br />

not belong. How people have learnt to interact with the<br />

world will very much determine how that manifests and<br />

how people cope with it.<br />

I am fortunate that my son is a very strong-minded<br />

individual who is also very sensitive, especially to those<br />

who are victimised and bullied. As a new immigrant —<br />

having migrated to Australia as a 10-year-old — I was<br />

beaten up every Friday at school by a girl called<br />

Melanie. That happened throughout grade 6, because I<br />

was a weedy little kid, but at the end <strong>of</strong> the year I was<br />

given the courage and encouragement to stand up for<br />

myself. I pushed the aggressor into the rubbish bin, and<br />

she never a lifted a finger against me again.<br />

Unfortunately this sort <strong>of</strong> thing happens all too <strong>of</strong>ten. It<br />

is very sad that we have to use the legislation to send a<br />

very strong signal about it. This is only one <strong>of</strong> the many<br />

measures with which we as a society, trying to deal<br />

with a whole range <strong>of</strong> issues involving people from a<br />

vast range <strong>of</strong> backgrounds and who have had a vast<br />

range <strong>of</strong> experiences in lots <strong>of</strong> different circumstances,<br />

can somehow make our expectations <strong>of</strong> what is<br />

acceptable, what is tolerated and what is not, more<br />

explicit. The introduction <strong>of</strong> this legislation, which<br />

recognises types <strong>of</strong> serious bullying as an indictable<br />

<strong>of</strong>fence, is a very strong message we are sending to our<br />

community, and it will hopefully go some way to<br />

protecting the rights <strong>of</strong> people who are victims <strong>of</strong><br />

bullying and in particular victims <strong>of</strong> serious bullying.<br />

I would like to make some comments on some<br />

initiatives I have seen as being very important both<br />

from the general community perspective and in<br />

particular in relation to education. First and foremost<br />

the Baillieu government saw community safety as a<br />

very important priority at the recent election. As part <strong>of</strong><br />

its agenda, the government has announced the<br />

employment <strong>of</strong> protective services <strong>of</strong>ficers and transit<br />

police. Every day people are bullied and are the<br />

subjects <strong>of</strong> violence. There are people who have given<br />

up on reporting such events. Hopefully we will turn that<br />

around, and people will have the right to feel safe as<br />

they move about their everyday business.<br />

We have empowered school principals to <strong>of</strong>fer greater<br />

support to students by, for example, searching students<br />

for weapons so that schools are safer, and that is very<br />

important. There was a vigorous debate in this place<br />

about that. I remember as a schoolteacher being on yard<br />

duty and seeing one group <strong>of</strong> year 7 students being very<br />

violent and aggressive. I reported it to the principal at<br />

the time and said, ‘There’s something going on there.<br />

They are either doing alcohol or drugs. We need to do a<br />

locker search and get to the bottom <strong>of</strong> it’. The situation<br />

was ignored, and the principal said to me, ‘You are just<br />

being Stalin-esque. These are just kids’. Several weeks<br />

later we found out that those children had been bringing<br />

bottles <strong>of</strong> alcohol to the school and drinking during<br />

lunchtime, and there were some very severe<br />

consequences. The use <strong>of</strong> alcohol and drugs<br />

exacerbates other issues and increases the incidence <strong>of</strong><br />

bullying. As adults and employers with a duty <strong>of</strong> care<br />

we must exercise that duty at all times, be vigilant and<br />

make it known what sort <strong>of</strong> behaviour is acceptable and<br />

what is not.<br />

We have also launched an inquiry into <strong>Victoria</strong>’s<br />

vulnerable children and proposed laws barring certain<br />

persons from licensed premises. We have announced a<br />

$14.5 million Stamp Out Bullying program which<br />

includes $10.5 million for cyberbullying in <strong>Victoria</strong>n<br />

schools. My mother re-established contact with a<br />

distant relative on Facebook; she would never have<br />

imagined she would be able to do that. Very soon they<br />

came to discussing, via Facebook, some old emotional<br />

baggage, and the reasons why they had lost contact<br />

were resurrected. In her wisdom my mother turned<br />

around and said, ‘This Facebook is really not all it’s<br />

cracked up to be. Basically it means we can argue 24/7,<br />

and there is no reprieve’. I thought that was a fairly<br />

wise comment from a 76-year-old woman.<br />

The Crimes Amendment (Bullying) Bill 2011 is just<br />

one additional step in the process <strong>of</strong> making our<br />

community safer. I will not go through the various<br />

types <strong>of</strong> bullying; everyone knows what it is. It exists<br />

throughout our community — in schools, workplaces,<br />

family homes, sporting clubs and even the various<br />

levels <strong>of</strong> government. There is a difference in degree<br />

between vigorous conduct within the confines <strong>of</strong> one’s<br />

role and behaviour that crosses those boundaries.<br />

Bullying does not respect those boundaries.<br />

This legislation tries to draw a line in the sand to make<br />

it clear what we will not tolerate. It is about enhancing<br />

community safety and <strong>of</strong>fering protection to people by<br />

providing serious consequences for those involved in<br />

the bullying <strong>of</strong> others. It will ensure that wherever<br />

bullying occurs it is treated seriously. It strengthens the<br />

criminal law by amending the stalking provision in

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