But not everyone was happy. The headmaster of one of Sydney's best-known private schools, Mr Rex Morgan, said abolishing the threat of the cane could lead to a worsening of discipline problems in schools. Mr Morgan, the head of the Pittwater House group of schools, said that throughout history forms of corporal punishment had been accepted by both the giver and the receiver as immediate and effective deterrents to anti-social and dangerous behaviour. I believe there are arguments for the judicious or sensible use of caning because there are situations in which schools find themselves where using the cane acts as an immediate and sensible form of punishment.
Mr Morgan said many people thought that headmasters in private schools went around "thrashing boys all day long" but this was not the case. The cane was used only very rarely, probably no more than two or three times a year, in his schools. Hack Home Podcast Contact. Are teachers still hitting students? Because it's still legal in some schools By Alice Matthews. Thursday 13 December am. Share Facebook Twitter Mail Whatsapp.
Whether or not it still happens is another story. And he wants the practice totally banned. Here's why. It was at a time corporal punishment at all Queensland schools - public and private - was legal. Christopher says that incident exacerbated bouts of depression and led to distrust in teachers. Read online. View as a PDF. Scroll down. Overview This resource is designed to inform service providers and practitioners about physical punishment research and legislation.
Read the publication. What is physical punishment? Back to the top of section. What does the evidence tell us about physical punishment of children? The Australian legal context. The Australian legal context In Australia, physical punishment remains legally defensible in certain contexts. Physical punishment by parents It remains lawful for parents in all states and territories to use 'reasonable' physical punishment to discipline their children. However, there are common law decisions on what is considered reasonable punishment by parents.
The defence of 'lawful chastisement' exists in common law. NT Criminal Code Act s 11 On the basis of the Criminal Code Act s 11 and s 27 , it is lawful for parents to apply force to a child for the purposes of discipline and correction, provided the force is not 'unnecessary' and is not likely to cause serious harm.
Qld Criminal Code Act 9 of s The Criminal Code Act s states: 'It is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person's care such force as is reasonable under the circumstances. Criminal Code Act s 50 Physical punishment by a parent towards a child remains lawful under the Criminal Code Act s 50 , which states: 'It is lawful for a parent or a person in the place of a parent to use, by way of correction, any force towards a child in his or her care that is reasonable in the circumstances.
Common law There is no legislation concerning physical punishment by parents in Victoria; however, there is a common law defence for parental use of physical punishment. Section of the code states: 'It is lawful for a parent or a person in the place of a parent … to use, by way of correction, towards a child or pupil under his care, such force as is reasonable under the circumstances.
NSW Children Education and Care Services National Law Application Act No s New South Wales has adopted the National Law Act prohibiting the use of physical punishment by providers, nominated supervisors, staff members, volunteers and family day care providers of an approved education and care service see pt 6, s Qld Education and Care Services National Law s Child Protection Act s Queensland has adopted the Education and Care Services National Law s prohibiting the use of physical punishment by providers, nominated supervisors, staff members, volunteers and family day care providers of an approved education and care service.
The Child Care Centre Regulations s 39 state: 'Behaviour management techniques used should not include physical, verbal or emotional punishment, including, for example, punishment that humiliates, frightens or threatens the child. The Education Act prohibits the use of physical punishment in all schools.
Education and Care Services National Law Act s Children's Services Act s In initiating the National Law Act, the Victorian Education and Care Services Act s prohibits the use of physical punishment by providers, nominated supervisors, staff members, volunteers and family day care providers of an approved education and care service.
Physical punishment in primary and secondary schools With the exception of Queensland, all Australian states and jurisdictions have prohibited the use of physical punishment in all schools. Table 3: Australian law regarding the use of physical punishment in schools Jurisdiction Legislative Act or Criminal Code Legislation regarding the use of physical punishment in primary and secondary government and non-government schools ACT Education Act s 7 Physical punishment was banned in schools in under the Education Act s 7.
The Education Reform Amendment School Discipline Act extended the ban on physical punishment to non-government schools. NT Education Act s The Education Act s prohibits the use of physical punishment in all schools by any person who is a member of staff, engaged to teach or support teaching in any school. Qld Criminal Code Act s Queensland prohibited the use of physical punishment in government schools in by repealing provisions that allowed for it in the Education General Provisions Act Qld.
In the Education and Children's Services Act , all education settings are prohibited from using physical punishment. Education Act s The Education Act s states that any staff member of a school 'must not administer, or threaten to administer, corporal punishment to a student of that school'.
Education and Training Reform Act Education and Training Reform Regulations reg 14 Physical punishment was banned in government schools in It was banned in non-government schools in following the enactment of the Education and Training Reform Act Vic.
Physical punishment in alternative residential care settings In residential care settings residential centres and foster care , physical punishment is prohibited in the Australian Capital Territory, New South Wales, Queensland, Victoria and South Australia.
Table 4: Current Australian law regarding the use of physical punishment in alternative care settings Jurisdiction Legislative Act or Criminal Code Legislation regarding the use of physical punishment in alternative care settings ACT Children and Young People Act s The Children and Young People Act s states that it is an offence to use physical punishment towards a child in a child care service.
NT Criminal Code Act s 27 The Criminal Code Act s 27 states it is reasonable to use force 'to discipline, manage or control' a child provided it is not unnecessary force that could cause serious harm. Qld Child Protection Act s The Child Protection Act s prohibits the use of physical punishment of a child placed in care. Criminal Code Act s 50 The Criminal Code Act s 50 states that it is lawful for ' person in the place of a parent to use, by way of correction, any force towards a child in his or her care that is reasonable in the circumstances'.
Children, Youth and Families Act s The Children, Youth and Families Act s prohibits the use of physical punishment and limits the use of physical force unless it is 'reasonable and necessary' in an out-of-home care service. WA Criminal Code Act Compilation Act s The Criminal Code Act s states it is lawful 'to use, by way of correction, towards a child or pupil under his care, such force as is reasonable under the circumstances'.
Conclusion and further reading. Conclusion and further reading The acceptability, consequences and legality of using physical punishment towards children are dependent on the context in which the physical punishment takes place.
References Afifi, T. Associations of harsh physical punishment and child maltreatment in childhood with antisocial behaviors in adulthood. Afifi, T. Physical punishment and mental disorders: Results from a nationally representative US sample. Pediatrics , 2 , The relationships between harsh physical punishment and child maltreatment in childhood and intimate partner violence in adulthood.
BMC Public Health , 17 1 , Alampay, L. Severity and justness do not moderate the relation between corporal punishment and negative child outcomes: A multicultural and longitudinal study.
International Journal of Behavioral Development , 41 4 , Committee on the Rights of the Child List of issues in relation to the combined fifth and sixth reports of Australia. Retrieved from www. National law. Twenty-five years of physical punishment research: What have we learned? Durrant, J. Addressing punitive violence against children in Australia, Japan and the Philippines.
Journal of Pacific Rim Psychology , 14 , e19, Flouri, E. Environmental adversity and children's early trajectories of problem behavior: The role of harsh parental discipline. Journal of Family Psychology , 31 2 , Gershoff, E. Should parents' physical punishment of children be considered a source of toxic stress that affects brain development?
Family Relations , 65 1 , The strength of causal evidence against physical punishment of children and its implications for parents, psychologists, and policymakers. American Psychologist , 73 5 , Spanking and child outcomes: Old controversies and new meta-analyses. Family Psychology , 30 4 , Heekes, S. A systematic review of corporal punishment in schools: Global prevalence and correlates.
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