Category: psychiatric

Brodie’s Law on bullying needs more consideration for workplace application

Recent attention on the presentation of the Crimes Amendment (Bullying) Bill 2011 to the Victorian Parliament has, understandably, focussed on the changes to the criminal code. However some of that attention should also have been given to the existing rules and control measures under workplace law, particularly considering that the proposed amendments, commonly referred to as Brodie’s law, are being described in the context of workplace bullying.

WorkSafe Victoria’s 2005 guidance on workplace violence and bullying specifies what elements of the Crimes Act 1958 could be relevant to workplace bullying:

  • Intentionally or Recklessly Causing Serious Injury
  • Intentionally or Recklessly Causing Injury
  • Threats to Kill
  • Threats to Inflict Serious Injury
  • Stalking

The inclusion of the last item may surprise some who have been reading only the newspaper coverage of Brodie’s Law as there was a clear implication that the application of stalking to workplace bullying was new.

Law firm Clayton Utz reminds us that workplace bullying remains undefined in the Crimes Act and that the Bill

“… extends the definition of the pre-existing offence of stalking by expanding the definition of that offence to pick up the type of behaviours that are typical of workplace bullying.”

If the Bill passes the Victorian Parliament, the OHS regulator will need to amend its advice on workplace bullying to reflect the expanded definition of stalking. But as can be seen by the bullet points above, changes to guidance may be minor as stalking is already seen as a potential element of workplace bullying. Continue reading “Brodie’s Law on bullying needs more consideration for workplace application”

Australian lawyers comment on Brodie’s Law

Clayton Utz lawyers have looked at Victoria’s new bullying-related law changes for their relevance to workplace safety management and have found the following.

“Is this an issue for employers?

Yes and no.

Theoretically, even before these proposed amendments, certain types of workplace bullying already fell within the definition of stalking.  In one sense, therefore, this doesn’t change the situation much – employers already had the potential problem of, for example, dealing with keeping apart at work a victim and stalker subject to an intervention order.

In another sense, this is clearly an important change.  More types of workplace bullying are now criminalised, and public awareness of bullying issues will certainly have been increased by the publicity surrounding this Bill.  We can therefore expect a rise in complaints and the number of victims coming forward, and not just in Victoria, as other States and Territories have stalking laws that could cover at least some types of workplace bullying.”

Clearly the awareness of bullying in the workplace is already high but these laws are likely to make the management of this issue more complex and and challenging. Continue reading “Australian lawyers comment on Brodie’s Law”

Brodie Panlock – the catalyst for new bullying/stalking laws

“Brodie’s Law” is gaining considerable attention in the Victorian newspapers in anticipation of the introduction of the Crimes Amendment (Bullying) Bill 2011 in Parliament but it may be unreasonable to label these changes “Brodie’s Law” as, although Brodie Panlock’s suicide and the related court actions were the catalyst for the Bill, the proposed Bill is much broader than workplace bullying and, in many ways, focuses more on stalking than bullying, if there can be a differentiation.

The draft bill will broaden the existing offence of stalking in the Crimes Act to capture types of bullying behaviour and are likely to expand the types of  environments in which such bullying can occur. Continue reading “Brodie Panlock – the catalyst for new bullying/stalking laws”

Conference videos provide optimism and nerves

Several years ago I assisted the Safety Institute of Australia in providing introductory video profiles for many of their conference speakers.  The intention was to provide a teaser for the content of conference presentations and to introduce more obscure speakers.  The strategy is continuing with several pre-conference videos being made available on-line.

Conference teasers in 2011 include Professor Niki Ellis and Australian lawyer, Andrew Douglas.

Andrew Douglas

Andrew Douglas says that safety professionals need to be careful of jargon as it can create an impenetrable elitism that may run counter to the aim of the profession.  Part of the risk of professional jargon is that it may support an inaccuracy that creates considerable damage.

Douglas identifies “zero harm” as an example of a phrase or concept that con become popular, perhaps dominant, even though it may  be unsupported by OHS laws.  Because the laws and the reality of workplace safety is that there will always be people who are hurt or injured at work, “zero harm” is unattainable and those who utter the “mantra of zero harm”, as Andrew Douglas describes it, lose any OHS credibility. Continue reading “Conference videos provide optimism and nerves”

Evidence on the need for safe job design

One reader has provided an example of recent research that supports the previous SafetyAtWorkBlog article on the importance of quality and safety in job creation.

In the March 2011 online edition of the Occupational & Environmental Medicine journal, Australian researchers have analysed data concerning “the psychosocial quality of work”.  According to an accompanying media release (not available online yet) they found that

“The impact on mental health of a badly paid, poorly supported, or short term job can be as harmful as no job at all…” Continue reading “Evidence on the need for safe job design”

Creating jobs is a waste unless those jobs are safe

Coming out of recession or, at least, a global financial crisis seems to mean that the creation of jobs is the only driver of economic growth.  Governments around the world seem obsessed with employment creation but rarely is the quality of the employment ever considered.

The drive for jobs at the cost of other employment conditions such as safety was illustrated on 11 March 2011 in an article in The Australian newspaper.  New South Wales’ election is only a short while away and, as it is widely considered to be an easy win for the conservative Liberal Party, government policies are already being discussed.

“Industrial relations spokesman Greg Pearce, a former partner at Freehills, said he was aware that concerns about the workplace safety system had emerged in the legal profession.

But the Coalition’s main goal was to minimise uncertainty to encourage job creation.”

The push for jobs is also indicative of short-term political thinking. Continue reading “Creating jobs is a waste unless those jobs are safe”

Raising awareness about stress instead of controlling it

In March 2011, in response to one of the several Stress Awareness Days, HRLeader magazine ran an edited version of a Personnel Today article called “5 steps to tackle employee stress”.  The Personnel Today had “6 steps”, so are Australian readers being ripped off?

Personnel Today included a step called “Refer the Health and Safety Executive’s management standards”.  HRLeader’s editor must have made the call that HSE information is geographically specific and therefore not relevant to Australia but the change is more indicative of the fact that Australia does not have anything to match the HSE management standards to help control stress.  According to the HSE website:

“….the six Management Standards cover the primary sources of stress at work. These are:

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