[Greens-Media] Time for Brodie’s Law in SA: Federal Committee finds that States, not Commonwealth, must act on workplace bullying laws

[Franks, Office]

Following the federal report: “Workplace Bullying: We Just want It To Stop” findings this week that the Commonwealth is constitutionally limited to act for criminal laws (such as ‘Brodie’s Law’) around workplace bullying,* Greens’ SA Industrial Relations’ Spokesperson, Tammy Franks MLC, has called on the State Government to act urgently to recognise work place bullying as a criminal, as well as an Occupational Health & Safety (OHS) concern.

In Question Time today Ms Franks raised the recommendations of the report with the Minister for Industrial Relations. She also drew Minister Wortley’s attention to the tragic workplace bullying-related suicide of a young woman, Brodie Panlock, which triggered a widespread community campaign and eventual law reform to Victoria’s criminal law expressly prohibiting and penalising workplace bullying. These amendments made to the Victorian Criminal Code in 2011 are colloquially known as ‘Brodie’s Law’.

Ms Franks said: “Under Brodie’s Law, anyone in Victoria found guilty of causing physical or mental harm to a victim, can now face jail terms of up to 10 years. Previously the only penalty available was a fine under OHS laws.

“Throughout the federal inquiry there were many calls for such laws as Brodie’s Law to protect all Australians from workplace bullying. It is now clear that those laws must come from the States, not the Commonwealth. They must also empower those being bullied to have these activities not only investigated by Police, but taken more seriously under the law.

“The Minister’s response that SafeWork SA are looking at the report and will provide recommendations for consideration in the near future is welcome, but the Greens put the Minister on notice that we will not rest until we can guarantee we have provisions in the SA criminal code as well as our OHS laws that take workplace bullying seriously,” Ms Franks concluded.

*Other than when a ‘carriage service’ such as the internet or telephones are used.

For further comment contact Jamnes Danenberg on 0457 549 938