Leslie Massey
Australia has been criticised for its failure to ban the physical punishment of children, which is outlawed in 65 other countries. While Australian law permits parents and carers to physically discipline their children, there is evidence to suggest that this harms children and can lead to negative outcomes in adulthood, including anxiety, depression, substance abuse and antisocial behaviours. While some Australians believe that smacking is a reasonable form of discipline, others argue that it is unacceptable and that legislative reform is needed to protect children's rights and promote alternative forms of discipline.
| Characteristics | Values |
|---|---|
| Current legal status of smacking children in Australia | Legal |
| Number of countries that have banned smacking children | 65 |
| Number of countries that have banned smacking children that are English-speaking | 1 |
| Australian states that have prohibited the use of physical punishment in schools | All except Queensland |
| Australian states that have explicitly banned physical punishment in non-government schools | ACT |
| Australian states that have ambiguity in their laws regarding physical punishment | Queensland and Western Australia |
| Percentage of people born in the 1970s or earlier who have been smacked by a parent | 100% (based on personal stories) |
| Number of international studies that found corporal punishment increases aggression in children | 70 |
| Percentage of people who believe it is never acceptable to use physical discipline with a child | 51% |
| Australian states that provide guidance on what is "unreasonable" force against a child | NSW |
| Definition of "unreasonable" force in NSW | Force applied to any part of the child's body that results in bruising, marking, or other injury lasting longer than a "short period" |
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What You'll Learn
- Physical punishment in Australia is legal
- The UN Convention on the Rights of the Child urges countries to prohibit corporal punishment
- Australian law permits parents to use physical force to discipline children
- There are generational differences in attitudes towards corporal punishment
- Calls to outlaw corporal punishment in Australia are not new
Physical punishment in Australia is legal
Physical punishment of children is currently legal in Australia. In all states and territories, parents or carers are permitted to use physical force with the intention of causing pain or discomfort to correct or punish a child's behaviour. This commonly involves smacking, spanking, slapping, or hitting with a hard object. While there have been calls for legislative reform, Australia has not explicitly banned physical punishment.
Australian common law and legislation in some states and territories support the use of physical punishment under the defence of "reasonable chastisement" or "lawful correction". However, there is ambiguity in the legislation, and the definition of "reasonable" is debatable. Only New South Wales (NSW) provides specific guidance on what constitutes "unreasonable" force, such as applying force to the head or neck or causing bruising or other injuries lasting longer than a short period.
The legality of physical punishment in Australia is inconsistent with international human rights guidelines and the United Nations Convention on the Rights of the Child, which Australia has signed. As a signatory, Australia has committed to protecting children from all forms of violence and eliminating physical and mental violence against children. Sixty-five countries have already banned corporal punishment in homes and schools, and Australia's failure to undertake similar legal reform has drawn criticism from the international community.
Research has consistently linked physical punishment with negative effects on children, including increased aggression, lower levels of moral internalisation, and involvement in violent domestic relationships later in life. There is also evidence that physical punishment does not effectively reduce defiant or aggressive behaviour or promote long-term positive behaviour. While some Australian parents believe in the effectiveness of corporal punishment, there are growing calls for legislative reform to prohibit it and provide alternative, more effective discipline strategies.
Despite the legal defence of "reasonable chastisement," there have been cases where parents or carers have been charged with assault for physically disciplining their children. The interpretation of "reasonable" varies, and the use of excessive force or causing injuries can result in criminal charges. As societal attitudes towards corporal punishment evolve, there is a growing recognition that physical punishment is not an acceptable form of discipline, and legislative reform is needed to protect children's rights and well-being.
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The UN Convention on the Rights of the Child urges countries to prohibit corporal punishment
Corporal punishment, commonly involving smacking, spanking, slapping, or hitting, is the use of physical force to cause a child to experience pain or discomfort as a means of correction or punishment. While Australia has not banned smacking across the board, it has prohibited the use of physical punishment in all schools, except in Queensland and Western Australia, where there remains some ambiguity in the law.
The UN Study on Violence against Children urges states to "prohibit all forms of violence against children, in all settings, including all corporal punishment." This is reflected in the Federal Constitutional Act on the Rights of Children 2011, which guarantees all children the right to protection and a non-violent upbringing. Article 5 of this Act explicitly prohibits corporal punishment.
In addition, the Children and Parents Code was amended in 1979 to include a ban on physical punishment and humiliating treatment of children. It highlights that "Children are entitled to care, security and a good upbringing. Children are to be treated with respect for their person and individuality and may not be subjected to corporal punishment or any other humiliating treatment."
Research has consistently linked physical punishment with negative effects on children, including anxiety, depression, substance abuse, and antisocial behaviours in adulthood. There is also evidence to suggest that physical punishment does not reduce defiant or aggressive behaviour nor does it promote long-term positive behaviour in children.
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Australian law permits parents to use physical force to discipline children
Australia has not banned smacking as a form of discipline for children. In all states and territories, parents or carers are permitted to use physical force with the intent to cause some degree of pain or discomfort, however light. This is known as "reasonable chastisement" or "lawful correction" and is a legal defence for the use of physical punishment under Australian common law.
Section 257 of the Criminal Code Act 1913 in Western Australia states that it is lawful for a parent or guardian to use "reasonable" force as a form of correction for a child in their care. This defence can be used in the case of an assault allegation. However, the definition of "reasonable" is debatable, with only New South Wales providing clear guidance on what constitutes "unreasonable" force. According to NSW legislation, "force applied to any part of the head or neck of a child or to any other part of the body that results in bruising, marking or other injury lasting longer than a 'short period' is unreasonable".
Despite the legality of smacking in Australia, there are ongoing calls for legislative reform to ban the practice. Australia is a signatory to the United Nations Convention on the Rights of the Child, which urges countries to prohibit corporal punishment. Additionally, research has linked physical punishment with negative effects on children, including increased aggression and lower levels of moral internalisation. There is also evidence suggesting that physical punishment does not effectively reduce defiant or aggressive behaviour in children.
The Australian Catholic University's Institute of Child Protection Studies director, Prof Daryl Higgins, has stated that there is only one positive outcome associated with corporal punishment, which is immediate compliance. However, even this drops off over time. Furthermore, a meta-analysis of over 70 international studies found that corporal punishment increases aggression and decreases compliance over time.
While there are concerns that banning corporal punishment may result in the prosecution and criminalisation of parents, as well as strain on the justice system, these worries are considered unfounded based on the experiences of other countries that have implemented such bans. For example, New Zealand, which banned corporal punishment in 2007, has not seen an increase in prosecutions subsequent to changing the law.
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There are generational differences in attitudes towards corporal punishment
There are indeed generational differences in attitudes towards corporal punishment in Australia. While the majority (80%) of Australians experienced physical punishment as children, around half (51%) believe it is never acceptable to use physical discipline on a child. This indicates a shift in attitudes across generations.
Many people born in the 1970s or earlier have stories of being smacked with a wooden spoon by their parents as a form of discipline. Today, such an action could be considered assault, depending on the circumstances and the amount of force used. This change in perspective is reflected in the law, with Magistrate Bamberry stating that "society has moved on from physically punishing children."
Research has consistently linked physical punishment with negative effects on children, including increased aggression and defiance. There is also evidence of long-term impacts, with physical punishment during childhood linked to anxiety, depression, substance abuse, and antisocial behaviours in adulthood. Furthermore, studies have found associations between physical punishment in childhood and intimate partner violence as an adult, as well as an increased risk of physical abuse.
Despite these findings, Australia has not banned corporal punishment and remains in breach of its obligations as a signatory to the United Nations Convention on the Rights of the Child. While some Australian states and territories have prohibited physical punishment in schools, there is still ambiguity in the law in Queensland and Western Australia. This lack of clarity contributes to uncertainty among parents about what constitutes reasonable and acceptable physical punishment.
To address these generational differences and reduce violence towards children, comprehensive data and legislative reform are necessary. By gathering national data on the prevalence of corporal punishment and community beliefs, policymakers can develop informed initiatives to drive change. Additionally, legislative reform, accompanied by public health campaigns educating the population about the adverse effects of corporal punishment, has proven effective in other countries.
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Calls to outlaw corporal punishment in Australia are not new
The Australian Institute of Family Studies notes that physical punishment remains legally defensible in certain contexts in Australia. Reasonable chastisement or lawful correction remains a valid legal defence for the use of physical punishment under Australian common law and in some state and territory legislation. This defence allows parents or carers to use physical force with the intent to cause pain or discomfort to correct or punish a child's behaviour. However, there is strong evidence to suggest that physical punishment harms children and is linked to negative effects, including increased aggression and lower levels of moral internalisation.
The legality of corporal punishment in Australia varies across states and territories. With the exception of Queensland and Western Australia, all other Australian states and jurisdictions have prohibited the use of physical punishment in schools. In Western Australia, the Criminal Code Act 1913 states that it is lawful for a parent or guardian to use reasonable force as discipline towards a child under their care. However, the definition of "reasonable" is debatable, and only New South Wales provides clear guidance on what constitutes "unreasonable" force.
The topic of outlawing corporal punishment in Australia remains controversial and contentious among parents and the public. While some believe that corporal punishment is an effective way to correct children's behaviour, others argue that it harms children and is a form of assault. There are also concerns about the potential impact of legal reform on different communities, such as Indigenous Australians, and the possibility of increased prosecution and strain on the justice system.
Despite the complexities and varying opinions, there is a growing recognition of the need for legislative reform to protect children's rights and provide alternative forms of discipline that are effective and do not cause harm.
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Frequently asked questions
No, smacking is not banned in Australia.
Yes, in a survey, 80% of respondents said they had experienced physical punishment as a child.
In all states and territories, parents or carers are permitted to use physical force with the intent to cause pain or discomfort to a child. However, the use of physical punishment in schools is prohibited in all states and territories except Queensland.
This is debatable and varies by state. In NSW, force applied to the head or neck or that results in bruising or injury lasting longer than a "short period" is considered unreasonable.
There have been calls for legislative reform, and 65 countries have already banned smacking. However, there are concerns about how a ban would be enforced and its potential impact on different communities.
