State · Australia
Victoria: cyberbullying law for schools
Bottom line for counselors: Schools must have anti-bullying rules, and those rules cover online bullying. Takedown help is limited, so report harmful posts to the platform first. Serious online abuse can be a crime.
Last verified: checked against official sources on 11 November 2026.
State
Victoria
Every school needs a bullying policy; Brodie's Law makes serious bullying a crime.
Compare with anywhere elseProtection score
One point for each of the seven questions answered yes, half a point for partly. Where a rule is set nationally, the national answer counts. A quick guide, not a legal rating.
- Yes:
Do schools have to have anti-bullying rules?
Yes. Every Victorian government school must have a bullying prevention policy.
Legal detail and sources
Department of Education Bullying Prevention and Response policy (Policy and Advisory Library).
- Yes:
Do those rules cover online bullying?
Yes. The policy covers cyberbullying.
- Set nationally:
Is there a regulator that can get harmful posts taken down?
Yes. Australia's eSafety Commissioner can order platforms to remove serious cyberbullying aimed at an Australian child, usually within 24 hours.
Legal detail and sources
Online Safety Act 2021 (Cth), in force 23 January 2022, sets up the Cyberbullying Scheme. A child, parent or school can complain to eSafety once the post has been reported to the platform. eSafety can issue a removal notice to the service and an end-user notice to the person who posted it.
- Set nationally:
Is there a minimum age for social media?
Yes. Since 10 December 2025, major platforms must stop under-16s from holding accounts.
Legal detail and sources
Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). Platforms named by the government include Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube. The duty falls on platforms, not on children or parents.
- Yes:
What are the rules on phones at school?
Phones must be switched off and stored for the whole school day in all government schools since 2020.
- Yes:
When is online abuse a crime?
Victoria's Brodie's Law makes serious bullying, including online, a form of stalking with up to 10 years in prison.
Legal detail and sources
Criminal Code Act 1995 (Cth) s474.17, using a carriage service to menace, harass or cause offence. Since 24 January 2022 the maximum penalty is 5 years in prison. Threats to kill or seriously harm (s474.15) carry higher penalties. Each state also has stalking and intimidation offences. Victoria: Crimes Act 1958 s21A (stalking), as amended in 2011 by Brodie's Law, covers bullying behaviour including online conduct.
- Yes:
What guidance do staff and counselors get?
Yes. The department publishes bullying prevention and response guidance for staff.
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