Bullying Is A Crime

Bullying Is A Crime In Victoria

Bullying is a crime in Victoria and the crimes amendment (bullying 2011 – section 21A) of the stalking provisions are now in effect. This amendment strengthens the existing stalking and harassment provisions of the Crimes Act 1958 and covers bullying/cyber bullying behaviours. Victorian Police have the power to prosecute individuals or stalking and serious bullying conduct. In other states stalking and harassment behaviour is covered under respective acts but there is no specific law that makes bullying a crime.

Cyber Bullying Is A Crime

The Commonwealth legislation governs online stalking and harassment behaviour. The crimes legislation amendment (telecommunications offences and other measures Act) – (No. 2) 2004 makes it a crime to use a carriage service to menace, harass or cause offence. The alleged individual could be found guilty under – 474.17 A (1) if:

  • (a) Person uses a carriage service;
  • (b) Does so in a way (whether by method of use or content of a communication, or both) that reasonable persons would regard as being, in all circumstances;
  • Menacing, harassing or offending;
  • Penalty: Imprisonment of up to – 3 years.