Australia’s National Anti-Bullying Jurisdiction: Paper Tiger or Velvet Glove

Abstract

Australia’s innovative national anti-bullying legislation came into effect on 1 January 2014, against a backdrop of fear and resistance on the part of some conservative politicians and other stakeholder opponents. This paper contributes to an understanding of the efficacy and value of this fledgling jurisdiction or its lack thereof. In it, we describe the beginnings of the anti-bullying regime, outline the new legislative provisions, explore whether the inaction of the first six months has continued, examine the statistics arising from the jurisdiction’s first 15 months of operation, and review the case law development over its first 18 months. We ask whether the anti-bullying jurisdiction is proving to be a paper tiger in an empty suit or iron fist in a velvet glove.

Keywords

• bullying
• workplace
• Australia anti-bullying legislation