Criminal Code Amendment (Bullying) Bill 2019 - Have your say

The Tasmanian Government is committed to ensuring that public consultation processes are open and transparent and we are seeking your input on proposed amendments to section 192 of the Criminal Code Act 1924.

Criminal Code Amendment (Bullying) Bill 2019

An election commitment of the Government was to make serious cyberbullying a criminal offence.

Cyberbullying is a form of bullying that has arisen from the widespread use of electronic devices and social media platforms.

Bullying, such as cyberbullying, can permeate almost any social environment, and can be perpetrated or experienced by a range of people.  Bullying has lasting effects on individuals and their families and serious bullying can result in tragic personal consequences for victims, such as long term mental health impacts, self-harm and psychological damage.

The Criminal Code Amendment (Bullying) Bill 2019 amends section 192 of the Criminal Code by:

  • expanding the fault elements relating to the state of mind of the accused to include an intention to cause another person extreme humiliation or self-harm;
  • expanding the conduct elements to include:
    • actions of making threats and/or abusive or offensive acts;
    • acting in another way that could reasonably be expected to cause the other person extreme humiliation or physical or mental harm (including self-harm); and
  • requiring that the Director of Public Prosecutions is to consent to a prosecution for the amended offence under section 192.

The amendments will target people who use the internet with the intention to cause serious physical or mental harm to others.

Download the draft Bill: Criminal Code Amendment (Bullying) Bill 2019 (PDF, 237.8 KB)

Publishing submissions

Other than indicated below, submissions will be treated as public information and will be published on our website.

Submissions will be published once the Government’s consideration of submissions has concluded.

No personal information other than an individual’s name or the organisation making a submission will be published.

For further information, please read the Tasmanian Government Public Submissions Policy (external link).

Accessibility of submissions

The Government recognises that not all individuals or groups are equally placed to access and understand information. We are therefore committed to ensuring Government information is accessible and easily understood by people with diverse communication needs.

Where possible, please consider typing your submission in plain English and providing it in a format such as Microsoft Word or equivalent.

The Government cannot however take responsibility for the accessibility of documents provided by third parties.

Important information to note

  1. Your name (or the name of the organisation) will be published unless you request otherwise.
  2. In the absence of a clear indication that a submission is intended to be treated as confidential (or parts of the submission), the Department will treat the submission as public.
  3. If you would like your submission treated as confidential, whether in whole or in part, please indicate this in writing at the time of making your submission clearly identifying the parts of your submission you want to remain confidential and the reasons why. In this case, your submission will not be published to the extent of that request.
  4. Copyright in submissions remains with the author(s), not with the Tasmanian Government.
  5. The Department will not publish, in whole or in part, submissions containing defamatory or offensive material. If your submission includes information that could enable the identification of other individuals then either all or parts of the submission will not be published.

The Right to Information Act 2009 and confidentiality

Information provided to the Government may be provided to an applicant under the provisions of the Right to Information Act 2009 (RTI). If you have indicated that you wish all or part of your submission to be treated as confidential, your statement detailing the reasons may be taken into account in determining whether or not to release the information in the event of an RTI application for assessed disclosure. You may also be contacted to provide any further comment.