Australian Bullying Law

Legal frameworks regarding bullying are diverse. The federal nature of law in Australia means that recognition of bullying varies from jurisdiction to jurisdiction. Targets of bullying accordingly rely on a range of statute and common law in dealing with the problem. It is important to have a mechanism for ensuring that organisations are aware that bullying in the workplace or schools is unacceptable.

Remedies

Legal remedies in Australia have included action under -

• Anti-Discrimination Legislation
• Common Law (eg for physical and/or psychological injury)
• Constructive Dismissal aspect of Industrial Relations Law
• Occupational Health & Safety Law
• Workers Compensation schemes
• Criminal Law
  

Those remedies reflect expectations about individual responsibilities and restrictions on things such as assault and workplace discrimination. Sodomising a cadet as part of military hazing, setting fire to an apprentice as part of workplace initiation or leaving pork chops in a Muslim colleague's locker is frowned on; physical injury may be rewarded by criminal sanctions against the perpetrator. The bullying that occurs among university academics and in the professions may simply go unreported and be accepted as appropriate industrial discipline aka professional practice.