Smacking Children: Criminal Offences and Legal Perspectives in AU Law

This assignment provides a legal analysis of smacking children in Australia, examining whether it constitutes a criminal offense. It discusses how Australian law differentiates between acceptable discipline and physical abuse, noting that while reasonable discipline by parents is generally permitted, actions causing harm are considered criminal offenses. The analysis also covers the legal restrictions on corporal punishment in schools under the Education (amendment) Act, 2004. It emphasizes the importance of avoiding strict punishments that could become habitual and highlights the need for parents to exercise caution to avoid crossing the line into criminal behavior. The document references several books and journals to support its arguments, offering a comprehensive overview of the legal and humanitarian considerations surrounding child discipline in Australia. Desklib provides access to this and other solved assignments for students.

LEGAL ASPECTS

Contents
Is it Criminal offences to smack our children........................................................................................3
REFERENCES......................................................................................................................................4

Is it Criminal offences to smack our children
As per the norms stated in Australia, it is stated that the hitting the child is not crime
but if the children is harmed or abused than it considered to be the criminal offences and thus
are punishable under the legal humanitarian law. It stated that if any person committing any
such activity which is useful for the children and also committing in good sense, than they are
not liable to be punished under the criminal offence (Farrington and Malvaso, 2019). As per
the research conducted regarding examining whether hitting the children are good or not.
Most of the reviews are in favor of the judgment that if the action taken under discipline and
also for their better future, than smacking the children is not wrong. As corporal punishment
if different from the physical abuse but it is linked with the discipline. As parent carry the
right to smack the children in respect of teaching the discipline, but in case of physical abuse
or harm to their body is the criminal crime (Pitts, 2019).
But in respect of schools, the corporal punishment are not allowed and also if any
teacher undertaken any of such activity, than they are liable to be punished under the
Education (amendment) Act, 2004 (Rowland, Gerry and Stanton, 2017). This rules applied to
both the government and non-governmental schools. In respect of humanitarian, there are
various aspects which is to be undertaken to avoid the criminal offences such as not imposing
strict punishment which became habitual to children. Children are mainly attracted to
groceries, so at that time, it is necessary to avoid such things. Thus, by this views, the
judgment is raised in respect of parents carrying the right to smack their own children
regarding maintaining discipline and thus it not carried to be criminal offences (Saunders and
et.al., 2017).

REFERENCES
Books and Journals
Farrington, D. P. and Malvaso, C. G., 2019. Physical punishment and offending in two
successive generations of males. In Child Abuse and Neglect. (pp. 203-224).
Academic Press.
Pitts, M., 2019. Crime and corruption-does Papua New Guinea have the capacity to control
it?.
Rowland, A., Gerry, F. and Stanton, M., 2017. Physical punishment of children: time to end
the defence of reasonable chastisement in the UK, USA and Australia. The
International Journal of Children's Rights. 25(1). pp.165-195.
Saunders, B. J. and et.al., 2017. Progress toward worldwide recognition of the child's human
right to dignity, physical integrity and protection from harm. Handbook of children's
rights: Global and multidisciplinary perspectives. pp.239-258.