CHILDREN as young as 10 could be criminally charged as part of a radical proposal to overhaul Australia's approach to bullying.

A symposium organised by the National Centre Against Bullying (NCAB) and Australian Federal Police will next week consider how laws should be strengthened to fight bullying and cyberbullying.

It's hoped that, as a result of its recommendations, Australia will become the first country in the world to have national laws to address bullying.

NCAB chairman Alastair Nicholson, the former chief justice of the Family Court, said the law does not currently define bullying, cyberbullying or clarify the legal duty of schools, teachers, parents and carers. He said a summary offence for bullying with a maximum penalty of three months jail would help educate people and act as a deterrent.

"There is a real need to examine the way the law operates, if only so people know where they stand, what is against the law and what it isn't," he said.

School bullies will hit the wall

Bullying is usually defined as when someone or a group of people with more power repeatedly and intentionally cause hurt or harm to another person who feel helpless to respond.

School-related bullying is one of the top four concerns of children aged under 15 years, according to Kids Helpline.

Justice Nicholson said bullying had for too long been wrongly considered as an inevitable part of life and that the evolution of social media had produced insidious and more dangerous behaviour.

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"It's a pretty simplistic attitude and I don't think it's valid because we can now see the tremendous damage that's done by bullying," he said.

Federal Education Minister Bill Shorten and New National Children's Commissioner Megan Mitchell will both attend the Bullying, Young People and the Law symposium, which starts on Thursday at Victoria University.

It will also bring together legislators, lawyers, and representatives of children's courts as well as educators, academics and children's advocates.

Justice Nicholson said it was hoped it would lead to recommendations to federal and state governments for law reform. Asked what the laws could look like, Justice Nicholson said the offence would mean children as young as 10 could be charged but that it would not lead to young people being jailed.

"It would only be used occasionally and in most cases they would get a warning or a bond - but you would use that only for a particularly bad case and usually for an older person," he said.

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National reform was needed because there are numerous anomalies between jurisdictions for dealing with bullying and cyberbullying and the community.

NSW law does not define bullying but police can lay general charges for harassment, intimidation, and assault.

There are also Commonwealth and NSW laws covering the use of social media to threaten others and, at the October 2012 meeting of the Standing Council on Law and Justice, ministers said existing laws provided adequate protection against cyberbullying.

However, Justice Nicholson said sexting was a form of cyberbullying and, if the victim is a minor, then an adult offender could be charged with disseminating child pornography.

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Get help, talk to someone

Children who are bullied need to speak out and tell someone they trust to help them deal with their experience, writes Daniela Ongaro.

That's the overwhelming advice from more than 200 people who have shared their stories on the Hope Wall, as part of The Daily Telegraph and Sunday Telegraph's anti-bullying campaign.

The Hope Wall invites people to share their experiences and express support for bullying victims, with comments from around the nation and overseas.

Many recounted painful childhood encounters and urged kids to not let their tormentors succeed. Nicole of Sydney wrote: "I allowed them to get to me. My advice is to get help - talk to someone."

Join our campaign and show your support on our Hope Wall.

LIFELINE 131 114, KIDS HELPLINE 1800 551 800