THE LAW FOR BULLYING OF CHILDREN AND YOUNG PEOPLE

Bullying is something done deliberately against a person or group of people to upset or hurt them or damage their property, reputation or acceptance by others. Bullying can be in person or online and can be obvious or hidden.

Other than for workplace bullying, there is no specific anti-bullying law or an offence of bullying or cyber bullying in South Australian or Commonwealth legislation. However, there are a range of criminal laws and civil laws which may be relevant in circumstances where bullying is occurring or has occurred.

The following sections set out these laws.

The Children and Young People (Safety) Act 2017 (SA) requires that prescribed organisations:

  • develop policies and procedures to ensure child safe environments [s 114(1)(b)] and
  • lodge a child safe environments compliance statement setting out their child safe environment policies and procedures [s 114(3)]

A prescribed organisation must, at the request of a person in relation to whom the prescribed organisation provides, or is to provide, a service, produce for inspection a copy of the policies and procedures prepared or adopted [s 114].

These policies and procedures must comply with standards and principles issued from time to time by the Chief Executive, Department of Human Services [s 145(a)]. The standards of care for ensuring the safety of children and young people include standards for addressing bullying by children within the organisation.

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