Anti-bullying strategy instead of criminal law to protect thousands of victims in the South Australian schools

Teachers in South Australian public schools were trained to know how to effectively identify and respond to bullying, including cyberbullying.

An average of 5,000 or 14% of students in South Australian public schools were being bullied weekly with the rise in social media, according to a 2017 state education department survey.

These figures were quoted by Australian Conservatives party state leader Dennis Hood in the Legislative Council when introducing a bill, called “Libby’s Law”, was introduced to parliament by to target and punish serious forms of bullying, including cyberbullying. Under this law, a person who bullied another person would be jailed for up to 10 years.

The suicide death of 13-year-old Adelaide student Libby Bell in particular, prompted the review of the South Australian anti-bullying laws by the South Australian government in 2017. The Year 8 Seaford Secondary College student took her own life last year after prolonged bullying in the schoolyard, in public and online on Facebook, Snapchat and Instagram.  The bill was modelled on Victoria’s 2011 act in response to serious and ongoing bullying, following the death of Brodie Panlock, a 19-year-old Melbourne waitress who took her own life after suffering relentless workplace bullying.

Hood’s bill was passed by the Legislative Council in November 2017 and sent it to the House of Assembly. The bill was opposed by Youth Affairs Council of South Australia and the commissioner for children and young people, who argued that the criminal law wasn’t the answer and endorsed further education, policies and procedures in schools.

Aside from factors such as Hood moving to join the Liberal party that took over government in March 2018, the legislation didn’t go ahead and a new anti-bullying strategy put prevention first.

Other changes to legislation protected staff from abuse and deal with violence in schools. Teachers in public schools would be trained to know how to effectively identify and respond to bullying, including cyberbullying. A new intensive support team would respond to children with complex and challenging behaviours. A developmental psychiatrist, doctor and mental health nurse will work with schools, preschools and parents.

The anti-bullying strategy was shaped in 2018 by public consultations including a Keeping Children Safe from Bullying conference attended by 900 delegates, a public survey through YourSAy, an expert roundtable hosted by the attorney general and youth consultation by the commissioner for children and young people.