Brodie's Law: A Historical Perspective On Its Enactment

Brodie's Law is an amendment to the Victorian Crimes Act 1958, which makes serious bullying an offence punishable by a maximum penalty of 10 years' imprisonment. The law came into effect in June 2011 and was named after 19-year-old Brodie Panlock, who took her own life after enduring relentless bullying at her workplace. Brodie's parents, Damien and Rae Panlock, successfully lobbied the Victorian Government to amend the law, ensuring that perpetrators of serious bullying face criminal sanctions. The tragic circumstances surrounding Brodie's death and her parents' advocacy highlight the critical need for comprehensive anti-bullying legislation and the significant impact that individuals and families can have in shaping legal frameworks.

Brodie Panlock's tragic death

In September 2006, 19-year-old Brodie Rae Constance Panlock took her own life after enduring relentless bullying by her co-workers at Cafe Vamp in Hawthorn, Melbourne.

Brodie worked 12 hours a day, six days a week, and was described as a "loyal employee" and a "buoyant, chirpy, compassionate, patient, giving girl" by her co-workers. She had plans to save money to travel overseas with her brother and his girlfriend before enrolling to study social work.

In the 15 months leading up to her death, Brodie was involved in an intermittent intimate relationship with cafe manager Nicholas Smallwood. Brodie became infatuated with Smallwood, but her feelings were not reciprocated. Instead, Smallwood, along with fellow waiter Rhys MacAlpine and, to a lesser extent, chef Gabriel Toomey, bullied Brodie, both physically and emotionally. They called her names, kicked and spat on her, and covered her in oil, chocolate sauce, and fish oil.

On 20 September 2006, Smallwood left Brodie's flat after she had begged him to stay. Brodie called a former school friend, Ashlea Cooper, who recalled that Brodie "cried hysterically" and felt that she had made a fool of herself, saying: "How embarrassing ... I want to die. Ash, it is over. I have had enough. It's over."

Later that night, Brodie jumped from the top of a multilevel car park in Hawthorn and died from her injuries in The Alfred Hospital three days later.

Four men and the MAP Foundation, the company that owned Cafe Vamp, were charged with offences under the Occupational Health and Safety Act 2004 for their part in bullying Brodie. They pleaded guilty and were ordered to pay a total of $335,000 in fines.

Brodie's parents, Damien and Rae Panlock, successfully lobbied the Victorian Government to amend the Crimes Act 1958 to make serious bullying an offence punishable by up to 10 years' imprisonment. The amendment, known as Brodie's Law, came into effect in June 2011.

The campaign by Brodie's parents

In September 2006, 19-year-old Brodie Panlock took her own life after enduring relentless bullying by her co-workers at Cafe Vamp in Hawthorn, Melbourne. The coroner, Peter White, found that Brodie had been "systematically bullied, both physically and emotionally" by her manager Nicholas Smallwood, fellow waiter Rhys MacAlpine, and, to a lesser extent, chef Gabriel Toomey. They called her names, kicked and spat on her, covered her in chocolate sauce, and filled her bag with fish oil. Despite the severity of the bullying, none of the perpetrators were charged with a serious criminal offence. Instead, they were convicted and fined under the Occupational Health and Safety Act 2004.

Devastated by their daughter's death, Damien and Rae Panlock successfully lobbied the Victorian Government to amend the Crimes Act 1958 to make serious bullying an offence punishable by up to 10 years' imprisonment. They established the Brodie's Law Foundation in memory of their daughter and to raise awareness about the issue of bullying. The foundation provides education in workplaces, schools, and sporting clubs, with speaking engagements and educational packages for teachers, club members, employers, and employees.

In November 2010, the Victorian Attorney-General asked the Victorian Law Reform Commission to review the adequacy of Victoria's criminal laws in dealing with serious bullying. This review was conducted to ensure that perpetrators of serious bullying would receive appropriate sanctions under the state's criminal code. In April 2011, the Attorney-General introduced the Crimes Amendment (Bullying) Bill 2011 to Parliament, which amended the offence of stalking under the Crimes Act 1958 to include serious bullying as a crime carrying a maximum penalty of 10 years. The bill received royal assent in June 2011 and the amendment became known as "Brodie's Law".

In the five years following the introduction of Brodie's Law, 58 offenders were charged with 140 offences. However, Damien and Rae Panlock continued their lobbying efforts at the federal level, fearing that the states would fail to agree on the matter. They met with Australian Prime Minister Julia Gillard and Minister for Workplace Relations Bill Shorten in May 2012, resulting in a joint announcement of a national parliamentary inquiry into bullying. The inquiry's report, released in November 2012, contained 23 recommendations, including the adoption of a new national definition of "workplace bullying", the establishment of a workplace bullying hotline, and the development of a legislative and regulatory framework. In response to these recommendations, the Federal Parliament passed the Fair Work Amendment Act 2013, which gave the Fair Work Commission the power to hear and resolve workplace bullying incidents.

The Victorian government's response

On November 4, 2010, the Victorian Attorney-General requested that the Victorian Law Reform Commission review the adequacy of Victoria's criminal laws in dealing with serious bullying. The Attorney-General introduced the Crimes Amendment (Bullying) Bill 2011 to Parliament on April 5, 2011, amending the offence of stalking under Section 21A of the Crimes Act 1958 to include serious bullying as a crime with a maximum penalty of ten years. The bill received royal assent on June 7, 2011, and took immediate effect, becoming informally known as "Brodie's Law."

Brodie's Law Foundation was established by Brodie's parents, Damien and Rae Panlock, to raise awareness about bullying and to assist workplaces, schools, and sporting clubs with education and resources. The foundation was formed in February 2017 and registered as a charity.

The law's introduction in 2011

The tragic death of 19-year-old Brodie Rae Constance Panlock in September 2006 was a turning point in the fight against bullying. Brodie, who worked at Cafe Vamp in Hawthorn, Melbourne, took her own life after enduring relentless bullying from her colleagues and manager, Nicholas Smallwood. The coroner, Peter White, found that Brodie had been "systematically bullied, both physically and emotionally". The perpetrators of this bullying were charged under the Occupational Health and Safety Act 2004 and fined, but they were not charged with a serious criminal offence. This highlighted the limitations of existing laws in addressing serious bullying.

In the aftermath of their daughter's death, Brodie's parents, Damien and Rae Panlock, successfully lobbied the Victorian Government to amend the law. On 4 November 2010, the Victorian Attorney-General requested the Victorian Law Reform Commission to review the adequacy of Victoria's criminal laws in dealing with serious bullying. This review was conducted to ensure that perpetrators of serious bullying would be appropriately sanctioned under the state's criminal code.

On 5 April 2011, the Attorney-General introduced the Crimes Amendment (Bullying) Bill 2011 to Parliament. This bill amended the offence of stalking under section 21A of the Crimes Act 1958 to include serious bullying as a crime carrying a maximum penalty of ten years' imprisonment. The bill received royal assent on 7 June 2011 and came into force immediately. Colloquially known as "Brodie's Law", this amendment sent a strong message that bullying would not be tolerated.

In the five years following its proclamation on 16 June 2011, Brodie's Law proved its effectiveness with 58 offenders charged with a total of 140 offences. The law's introduction was also met with support from the Federal Assistant Treasurer, Bill Shorten, and the New South Wales Government, which began examining the legislation in September 2011. The Victorian Government's response demonstrated a commitment to addressing bullying and set a precedent for other states to follow.

The law's impact and legacy

The impact of Brodie's Law has been significant in addressing the issue of serious bullying in Victoria, Australia. The law sends a strong message that bullying is a criminal offence and can result in severe penalties, including imprisonment of up to 10 years. This change in legislation has empowered victims of bullying to come forward and seek justice, knowing that their perpetrators can be held accountable for their actions.

In the five years following its proclamation, 58 offenders were charged with a total of 140 offences against Brodie's Law. This statistic highlights the law's effectiveness in addressing bullying incidents and providing legal recourse for victims. The law also had a preventative effect, raising awareness about the seriousness of bullying and potentially deterring potential perpetrators.

The legacy of Brodie's Law extends beyond its legal implications. The law is a lasting tribute to Brodie Panlock, honouring her memory and ensuring that her tragic death was not in vain. The establishment of the Brodie's Law Foundation by her parents, Damien and Rae Panlock, is a testament to their dedication to raising awareness about bullying and helping communities and workplaces create safer environments for everyone.

The foundation actively campaigns against bullying through educational initiatives in workplaces, schools, and sporting clubs. By sharing Brodie's story and providing educational resources, the foundation empowers individuals to recognise and address bullying behaviour. The work of the Brodie's Law Foundation has had a significant impact on community awareness and understanding of the harmful consequences of bullying.

Furthermore, the advocacy efforts of Brodie's parents extended beyond Victoria. They successfully lobbied the federal government for a national parliamentary inquiry into bullying, resulting in the Fair Work Amendment Act 2013. This amendment gave the Fair Work Commission the authority to hear and resolve workplace bullying incidents, demonstrating the far-reaching impact of their efforts to address bullying on a national scale.

Brodie's Law and the subsequent advocacy efforts have played a pivotal role in shaping how bullying is perceived and addressed in Australia. The law's impact has not only led to legal repercussions for offenders but also contributed to a cultural shift, where bullying is no longer tolerated and victims are empowered to speak up.

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