Report Cards

• Article 19: Children should be protected from all forms of physical or mental violence
• Article 28(2): School discipline to respect human dignity and accord with Convention
• Article 37(1): States must take actions against cruel, inhuman or degrading treatment or punishment

Positive developments

NATIONAL: All states adopt the National Quality Framework: Education and Care Services National Law

Western Australia became the final state to adopt the Education and Care Services National Law in July 2012. This law prohibits corporal punishment in alternative care settings, including preschools, after-school-care and day-care centres. This law does not, however, apply to schools, foster homes or care services provided at the child’s home, which are all governed by state specific legislation.

NATIONAL: The Royal Australasian College of Physicians release brochure on alternative discipline techniques

To accompany their position statement calling for the prohibition of physical punishment of children, the Royal Australasian College of Physicians has released a brochure providing parents with information on alternative, positive methods of disciplining their children. [1]

Areas lacking progress

NATIONAL: Corporal punishment remains lawful in homes

It is legal in all jurisdictions for parents to use ‘reasonable’ physical punishment in order to discipline their child. Subjecting a child to violence as a form of punishment, however mild or severe, has consistently been criticised for breaching human rights, being ineffective, or at least no more effective than positive disciplinary methods, and for having adverse effects on a child’s behavioural and emotional health. [2] Despite this, physical punishment by parents remains a lawful practice and ‘reasonable chastisement’ remains a defence for a parent, or a person acting in place of a parent, who is charged with assault of a child. [3]

QLD, NT, SA, WA: Lawful corporal punishment in schools

Corporal punishment is lawful in schools in Queensland (QLD), the Northern Territory (NT) and Southern Australia (SA) and in private schools in Western Australia (WA). [4] In practice, corporal punishment in most schools in these jurisdictions is banned through education policies and other decisions. [5] Nevertheless, there remain reports of a few private schools in WA and QLD who continue to include corporal punishment as a possible disciplinary method. [6]

WA: Corporal punishment in detention centres

Corporal punishment as a disciplinary measure is not prohibited in detention centres in Western Australia . [7] It is also not expressly prohibited in detention centres in the ACT, although it is also not expressly permitted under the Children and Young People Act 2008. [8]

NATIONAL: Awareness of the effects of corporal punishment and alternative discipline methods

Despite the adverse effects of physical punishment and its human rights implications for children, the majority of Australians believe that physical punishment of children is necessary in some circumstances. [9] In December 2013, Prime Minister Tony Abbott indicated he was not in favour of a ban on corporal punishment, admitting he had chastised his children with “pretty gentle smacks”. [10] Queensland Premier Campbell Newman also sided with the PM, rejecting a ban, describing the issue as a “trivial” [11] one.

The GCall Futures Project has explored how Australia could bring an end to the physical punishment of children. [12] Their report identifies what parents’ intentions are when disciplining their children and concludes that there is evidence to suggest that non-physical discipline methods are more effective than, or at least as effective as, physical discipline at attaining parents’ objectives. [13] The GCall Futures Project, however, recognises that there will be no legislative change unless there is a cultural shift in the attitudes of Australian people. [14] In order to achieve this, educational programs raising awareness of alternative, positive discipline techniques as well as the effects of corporal punishment need to be introduced. The GCall Futures project emphasises that any campaign against physical punishment will have a greater chance of success if there is a focus on parents’ objectives when disciplining their children, along with realistic alternatives to physical discipline. [15]

• The Australian federal and state governments should take steps to ensure that corporal punishment in all schools, detention centres and all alternative care settings is expressly prohibited.
• The defence of ‘reasonable chastisement’ to assault against a child should be removed.
• Australia should take steps towards prohibiting corporal punishment in the home. In order to achieve this, the national, state and territory governments should introduce education programs to increase awareness of the damaging effects of corporal punishment. The national, state and territory governments should also promote positive discipline techniques.
• All professionals who work with or for children should be provided with adequate training to enable them to identify and report the signs of child abuse and violence .

1. Royal Australasian College of Physicians, How to manage your child’s behaviour without smacking: tips for parents, July 2013, available from www.racp.ed.au (accessed 5 August 2013).
2. See for example Royal Australasian College of Physicians, ‘Position statement: Physical Punishment of Children,’ July 2013, available from ://www.racp.edu.au (accessed 5 August 2013) ; K.Block, H.Croom, A.Gwizdalski, S.Jamtsho, S.Polling, P.Steer, Preparing Australia’s Children for a better future: Designing an end to physical punishment of children, GCall Futures Project Final Report, June 2013, 34-38.
3. See evaluation of the current law Australia detailed in K.Block, H.Croom, A.Gwizdalski, S.Jamtsho, S.Polling, P.Steer, Preparing Australia’s Children for a better future: Designing an end to physical punishment of children, GCall Futures Project Final Report, June 2013, 28-31.
4. Preparing Australia’s Children for a better future: Designing an end to physical punishment of children, GCall Futures Project Final Report, June 2013, 28-31; Criminal Code Act 1899 (Qld)s.280; Criminal Code Act 1983 (NT) sch 1 s11; Criminal Law Consolidation Act 1935 (SA) s20; Criminal Code Act 1913 (WA) s257.
5. Preparing Australia’s Children for a better future: Designing an end to physical punishment of children, GCall Futures Project Final Report, June 2013, 28-31: For example Queensland’s Department of Education banned corporal punishment in 1995, see http://education.qld.gov.au/library/edhistory/topics/corporal/abolition.html (accessed 5 August 2013).
6. R.Barrett, ‘States refuse to buckle amid calls to ban cane,’ The Australian, 25 June 2012, available at http://www.theaustralian.com.au/national-affairs/education/states-refuse-to-buckle-amid-calls-to-ban-cane/story-fn59nlz9-1226407027267 (accessed 5 August 2013); A.Risso, ‘Call for party stance on smacks,’ The Border Mail, 28 July 2013, available at http://www.bordermail.com.au/story/1666449/call-for-party-stance-on-smacks/ (accessed 05 August 2013).
7. Criminal Code Act 1913 (WA) s257.
8. Preparing Australia’s Children for a better future: Designing an end to physical punishment of children, GCall Futures Project Final Report, June 2013, 31.
9. Research by Nicholson as referred to in Preparing Australia’s Children for a better future: Designing an end to physical punishment of children, 26.
10. Emma Griffiths, ‘Tony Abbott says ‘gentle smack’ can be good for children’ (ABC News, 12 December 2013) <http://www.abc.net.au/news/2013-12-12/abbott-says-gentle-smack-can-be-good-for-children/5151798> (accessed 19 January 2014).
11. Ibid.
12.  ‘Preparing Australia’s Children for a better future: Designing an end to physical punishment of children,’ above n2.
13. Ibid. 34-38.
14. Ibid. 60.
15. Ibid. 59.