STRAIGHT TO PRISON
BIPARTISAN support is set to allow the State Government to progress new anti-bullying laws this week.
Under the long-awaited changes to the criminal code, persistent bullies could face jail terms.
Leader of Government Business in the House of Assembly Michael Ferguson said the proposed laws protected young people in particular from the harms of cyber-bullying and sent a warning to would-be offenders.
“The Government believes our legislation strikes the right balance to ensure our laws protect Tasmanians, while not unnecessarily bringing people, especially the young, before the courts,” he said.
“It also sends a clear message that serious bullying behaviour, including cyberbullying, is unacceptable and must be stopped.”
The Bill expands the existing crime of stalking to address serious bullying behaviour — which includes targeting those who use the internet with the intention to cause serious physical or mental harm.
It would provide for lengthy jail terms in the most serious cases.
Mr Ferguson called on Labor to support the legislation after the party, together with Speaker Sue Hickey, last week voted down laws that would have provided mandatory sentences for people who assaulted emergency services workers.
However, Shadow Attorney-General Ella Haddad indicated Labor would support the anti-bullying laws.
THE Liberals’ bid to crack down on cyber-bullying and stalking is set to pass Tasmania’s Lower House with support from Labor.
The Criminal Code Amendment (Bullying) Bill 2019 aims to expand the existing crime of stalking to address serious bullying behaviour, including targeting those who use the internet with the intention to cause serious physical or mental harm.
Debate on the legislation is set to begin in the House of Assembly this week.
The State Government is pursuing the potential for jail time for bullying — including cyber-bullying — on the recommendation of the Tasmanian Law Reform Institute.
The institute recommended the offence of stalking be broadened to cover the worst types of bullying, such as persistent online harassment, social exclusion and name-calling.
Under the proposed laws prosecution would only proceed with the permission of the Director of Public Prosecutions.
Leader of Government Business in the House of Assembly Michael Ferguson said the bullying Bill was the result of more than three years of consultation.
“For the cases of very, very serious and persistent bullying, where the intention is to harm the other person, we will be taking that to be against the law with significant penalties,” Mr Ferguson said.
He challenged Labor not to be “soft on crime” and to support the Bill.
“When we bring strong measures to parliament we are not getting the support of the other side, from Labor. They are soft on crime and we will be testing them on that,” he said.
However, the Opposition has indicated it will not stand in the way of the anti-bullying measures.
Shadow Attorney-General Ella Haddad said Labor had been calling for the Government to introduce cyber-bullying legislation for many years.
“Labor is firmly committed to the safety of our young people and introduced our own draft cyber-bullying bill in the last term of opposition,” Ms Haddad said.
“Online activity is now such a part of our lives and it is imperative for government to do all that is possible to ensure young people are safe online.”
The Government’s majority of one in the House of Assembly means the Liberals have been subject to legislative defeats when Speaker Sue Hickey chooses to cross the floor.
Aided by Ms Hickey, Labor and the Greens have been able to thwart the Government on measures including gender law changes and mandatory minimum sentences for child sex offences and assaults on frontline workers.
In each instance Ms Hickey has said she was voting based on informed advice.
In last week’s debate on mandatory minimum sentences for serious assaults on frontline workers, she said she believed mandatory sentencing was against the principle of the separation powers of the judiciary and the state.