1. What is Brodies Law?

Brodies law is a legislation that established in June 2011 after a serious bully case of
Brodie. A young woman, named Brodie Panlock, suicided after her colleagues long-term
bullying. After this horrible tragedy, Victoria has set up an anti-bully act named after
Brodie. From then on, serious bullying is defined as a crime and can be punishable by up
to 10 years in jail. (Government of WA, 2013)
1.2 What does Brodie's Law cover?
All forms of serious bully are considered as crimes under Brodies law. It involves physical
bullying, psychological bullying, verbal bullying and cyber bullying. (Department of
Justice Victoria, 2013) It normally includes behaviours such as threats and abuses and
offensive words or behaviours. In addition, Brodies Law is not only against bully in work
placement as Brodie has suffered, but also applies to other places where bullying can be
possibly conducted, such as schools, and even on the internet, for instance bullying through
email or on social networking sites such as Facebook and Twitter.
2. What is workplace bullying?
In section 55A (1) of the Occupational Health, Safety and Welfare Act 1986, it defines that
'Workplace bullying means any behaviour that is repeated, systematic and directed towards
an employee or group of employees that a reasonable person, having regard to the
circumstances, would expect to victimise, humiliate, undermine or threaten and which creates
a risk to health and safety.' (Stop Bullying in SA, 2008)
Frankly speaking, workplace bullying refers to any repeated, unreasonable, ongoing
behaviour that was doing on purpose (for example, there was a plan to tease somebody), and
the behaviour may lead to serious result like threatening the safety or health of the victim in
the workplace.
There are several typical bullying examples in the workplace:
-

Isolating a person from normal workplace activities on purpose

Unfair treatment about employees entitlement, such as leaves or rewards

Overloading a staff with work deliberately

Setting goals or tasks that are unreasonable to achieve deliberately

3. Who has duties in relation to workplace bullying?

All the staffs including employer and employees are obligated to prevent or stop workplace
bullying.
3.1 employers

The employers, according to OHS Act, should be responsible for providing a health and
safety working environment. (Safe Work Australia, 2011) If any complaints from staffs, it
should be considered seriously and investigated promptly and carefully (because employers
false decision may even worsen the situation). The regularly train courses should also be
provided among staffs.
3.2 employees
Under the OHS Act, employees must take all reasonably practicable steps to ensure that they
do not increase or create a risk to their health and safety or to the health and safety of other
people at work. Bullying behaviours are very likely to create or increase a risk to the health
and safety of others. When witnessed or reported, the bullying behaviour should be addressed
immediately.
4. What is involved in preventing workplace bullying?
Regular training courses should be provided among staffs to ensure everyone has a clear perspective
of the appropriate behaviours in work place. It should also make sure that staffs understand about
related legislations and know who or which organisation they should talk to if anything happens. The
consequences and inappropriate behaviours may also be put in the written policy so that everyone has
the same access to it. For employers, they should show an attitude that they are encouraging reporting.

Reference List

Department of Justice Victoria. (2013). Bullying Brodies Law. Retrieved from:

http://www.justice.vic.gov.au/home/safer+communities/crime+prevention/bullying++brodies+law

Government of WA. (2013). Case Study: Brodies Law. Retrieved from:

http://smartmove.safetyline.wa.gov.au/mod/page/view.php?id=318

Safe Work Australia. (2011). Code of Practice: Preventing and Responding to Workplace
Bullying. Retrieved from:
http://cdn3.blocksassets.com/assets/tfia/home/ouB1GNmDLeCqkYh/Preventing-andResponding-to-Workplace-Bullying.pdf

Stop Bullying in SA. (2008). What is Workplace Bullying. Retrieved from:

http://www.stopbullyingsa.com.au/whatis.asp