Every person in sport, in every role, has the right to participate in an environment that is fun, safe and healthy. Everyone also has the right to be treated with respect, dignity and fairness.
Bullying denies participants these rights. It can result in feelings of disgrace, embarrassment, shame or intimidation. It can ultimately affect an individual’s enjoyment of sport.
Athletes, parents, coaches, officials, administrators and sporting organisations all have ethical, legal and safety responsibilities to prevent bullying occurring in sport and manage it, should it occur.
Bullying
The Fair Work Act defines bullying as ‘repeated unreasonable behaviour towards another person or group which creates a risk to health and safety’.
Bullying is deliberately hurting a specific person either physically, verbally, psychologically or socially. It can be carried out by one person or several people who are either actively or passively involved. Play by the Rules has these examples of bullying in a sporting context:
- an official being aggressive or intimidating to others
- a parent telling a child that they are incompetent, hopeless, useless, etc.
- a coach alienating an athlete (adult or child)
- several people ganging-up on an individual team member
- an athlete calling a referee names and using offensive language
- an administrator mocking or humiliating a young coach.
Criminal offence
Serious incidents of physical, verbal or psychological bullying may also be a criminal offence. Most states and territories have criminal laws in place covering conduct such as:
- stalking or intimidating
- blackmail
- unlawful use of technology (for example, sending offensive images to scare someone)
- making threats to kill or cause serious harm
- threats of violence
- encouraging self-harm or suicide
- breach of confidence and defamation.
Cyberbullying
Cyberbullying is defined as ‘online communication to or about an Australian child that is seriously threatening, seriously intimidating, seriously harassing or seriously humiliating’. Cyberbullying can include posts, comments, emails, messages, memes, images and videos.
Adult cyber abuse is online communication to or about a person older than 18 years which is intended to cause them serious harm. It must be communicated through a social media service, relevant electronic service or designated internet service. It includes posts, comments, emails, messages, memes, images and videos.
Behaviour not considered bullying
Not all behaviour that makes an individual upset or anxious is bullying. For example, if someone makes an inappropriate comment but it is made once and is not repeated, this is not bullying. But, a one-off incident of inappropriate behaviour may breach a code of conduct.
Managing bullying in sport
Sports should promote their organisation as one that will not allow or tolerate bullying.
The National Integrity Framework and its Member Protection Policy and Safeguarding Children and Young People Policy set out behavioural expectations and unacceptable behaviours (prohibited conduct) for anyone involved in sport. Many sporting organisations may also have their own code of conduct. This sets out behavioural expectations and prohibits inappropriate conduct.
Ways to prevent bullying
There are different ways for sports to help prevent bullying:
- Educate sport stakeholders in pre-season on respectful behaviours and code of conduct
- Educate parents, guardians and carers of children on how they can support positive sideline behaviours
- How to have mediated but supportive one to one conversations with parties on de-escalating the issue and resolving the matter
- What actions parties can take to stop these situations early and record resolving actions as first step.
Reports and investigations
We can receive reports and investigate threats to sport integrity about bullying, intimidation, discrimination or harassment of children, or where the conduct is linked to a ‘protected attribute’ including age, race, disability, sex or religion.
Incidents of bullying where the conduct does not involve children or is not linked to a protected attribute is dealt with by the sport’s code of conduct and related disciplinary policy (if applicable) or through another relevant agency.
If safe to do so, sporting organisations should attempt to resolve any complaints locally as breaches of their code of conduct where the bullying behaviour:
- has low risk of harm
- is unintentional
- lacks an intent to do harm.
Support pathways
Your options for seeking support for managing bullying varies depending on the type of conduct and applicable legislative frameworks.
Managing mental health
If you or someone you know if experiencing bullying, ensure you/they look after their mental health and wellbeing and access support if required.
Visit the mental health and wellbeing page
In the workplace
In the context of the workplace, bullying is prohibited by the Fair Work Act 2009 (Cth). Employers also have an obligation under the work health and safety legislation in each state and territory to eliminate or reduce the risks to workers’ health and safety caused by workplace bullying.
Any concerns about workplace bullying should be directed to your Sport's HR person. If there is no HR person go to your sport's CEO or Integrity Manager for support and advice.
The Fair Work Commission
The Fair Work Commission has powers to resolve complaints of bullying between the parties and to make stop bullying orders under certain circumstances.
Visit the Fair Work Australia website for more information on Bullying in the Workplace.
Workplace health and safety
Each state and territory in Australia has a Workplace Health and Safety Regulator. Their role is to investigate workplace incidents and enforce workplace health and safety laws in their jurisdiction. Workplace Health and Safety Regulators (WHS Regulators) can help an employer to manage and reduce psychosocial hazards (including bullying) at work. For example by ensuring an employer has adequate training, education and risk identification practices in place. They can’t resolve bullying disputes between parties or make orders about a disciplinary process.
Find the regulator for your state or territory on the Safe Work Australia website.
Police
Some bullying behaviours can also be criminal offences in each state and territory, either through specific anti-bullying provisions (such as Brodie’s Law in Victoria), or through other criminal offences also applicable to bullying. Always report it to the police if you are in doubt, so they can assess. In an emergency, phone 000 or if it’s not an emergency, phone Policelink on 131 444 (24 hours, 7 days).
Brodie’s Law made serious bullying a crime punishable by up to 10 years in jail.
eSafety Commissioner
The eSafety Commissioner can investigate:
- cyberbullying of children
- adult cyber abuse
- image-based abuse (sharing, or threatening to share, intimate images without the consent of the person shown)
- issue notices to individuals or service providers
- take formal enforcement action (where required).
You can make complaints about cyberbullying or adult cyber abuse and image-based abuse through the eSafety website.
Human rights, equal opportunity and anti-discrimination agencies
Each Australian jurisdiction has human rights, equal opportunity or anti-discrimination agencies. Their roles are to investigate and resolve complaints about anti-discrimination and equal opportunity legislation breaches in their jurisdiction.
In general, these agencies can also investigate and resolve complaints related to bullying. This is only where such conduct is linked to a ‘protected attribute’ (for example gender, age, race, disability, gender identity, sexual orientation or pregnancy), and can also constitute discrimination or harassment based on those protected attributes.
For more information visit the Australian Human Rights Commission website.
Sport Integrity Australia
We have jurisdiction in matters involving children or where the conduct has a link to a protected characteristic.
We offer a safe place for people to raise concerns about behaviour they’ve witnessed or experienced in sport.
Bullying support pathways summary
Fair Work Act 2009 (Commonwealth)
- Apply for a Stop Bullying Order to Fair Work Commission
- Possible conciliation or hearing and decision/orders issued
Workplace Health and Safety Legislation (state/territory)
- WHS Regulator may intervene upon application
- Education, training, support managing psychosocial hazards at work
- In serious cases possible prosecution for breach of WHS laws
Criminal Laws (state/territory and Commonwealth)
- Police may investigate and refer for prosecution if bullying conduct is an offence
Anti-discimination Laws (state/territory and Commonwealth)
- Only available where a ‘protected attribute’ is relevant to bullying conduct
- Investigation and conciliation by human rights or anti-discrimination body
Online Safety Act 2021 (Commonwealth)
- Applies to Cyberbullying targeted to a child or children or cyber abuse targeting adults
- eSafety may investigate, issue notices and take formal enforcement action
Sport Integrity Australia Act 2020 (Commonwealth)
- Only available where a ‘protected attribute’ is relevant to bullying conduct, or it involves a child or children
- Sport’s Code of Conduct
Bullying in sport guide
