09-05-2025
Should it still be legal for Australians to smack their children?
Queensland could become the first Australian state to outlaw corporal punishment in a move that could pave the way to a national ban.
Physical punishment is no longer legal in Australian schools, but parents and guardians are still free to strike, pinch, push or slap their children.
The lack of legal protection puts Australia behind 69 other countries including New Zealand, France and Sweden, as well as South Sudan, Turkmenistan and the Republic of Congo.
The Queensland Law Reform Commission is reassessing the state's protection of physical punishment in a wider review of Queensland's criminal code.
Queensland Premier David Crisafulli has opposed any change, saying it was "not for the state government to provide advice to a family about how to provide discipline and structure".
Director of the ACU Institute of Child Protection Studies Daryl Higgins said it was "stunning" Australia still allowed corporal punishment, given the overwhelming evidence that it was both ineffective and harmful.
"The truth is, many Australians still don't think it's wrong and don't think it should be illegal," Professor Higgins said.
Professor Higgins led a recent national study of 8500 people to find out how prevalent corporal punishment was in Australia.
"Among Australians aged 16-24 we found nearly six in 10 (58.4 per cent) had experienced corporal punishment in their childhood," he said.
"Across all 8500 participants the rate was 62.5 per cent, so that's a minuscule reduction in the youngest generation."
The research also asked parents about their use and opinion of physical force.
"Nearly 54 per cent of parents said they had used corporal punishment," Professor Higgins said.
"But we also looked at beliefs, and just over a quarter (26.4 per cent) of Australian parents said they thought corporal punishment was necessary to raise children."
Professor Higgins said changing the law was the only way to change those attitudes.
Corporal punishment is illegal in schools in every Australian state except Queensland, where it is prohibited by education department policy.
It is also illegal in early childhood settings.
It isn't illegal in alternative and foster care in the Northern Territory, Tasmania and Victoria, and it's also legal in juvenile detention in ACT and WA.
But it's legal for parents and caregivers in every state and territory.
While the laws differ between jurisdictions, they all protect physical punishment under the right of "reasonable chastisement or discipline".
Professor Higgins said the law effectively provided parents with a defence against what would otherwise be assault.
Most states don't define what "reasonable" force involves, but NSW says it is "unreasonable" to strike a child to the head or neck, or hard enough that the harm "lasts more than a short period".
Professor Higgins said the NSW definition demonstrated the brutality of the current laws.
"If you were thinking about stopping violence against women would you want to go down the path of saying it's OK for husbands to hit their wives as long as they don't hit above the neck?" he said.
"It's beyond belief when you apply it to other contexts, but when it comes to children we feel that parents are sacrosanct."
Professor Higgins led a recent study reviewing decades of corporal punishment research.
"In all the research globally, the only positive outcome that's consistently found in the research is immediate compliance. The child stops the behaviour in the moment," he said.
"It doesn't help the child understand what they've supposedly done wrong, or help them to internalise and change their behaviour.
"It doesn't build empathy, self-regulation or behavioural control, so really any of the things that matter."
Instead, the research showed physical punishment led to depression, low self esteem, and potentially the use of violence by the children themselves.
"Inevitably when you see physical punishment being used it's actually the adult who's out of control. Not the child," Professor Higgins said.
"Calm, self-regulated parenting is the fundamental premise for basically every single evidence-based parenting program."
He said child protection advocates had tried many times to get corporal punishment outlawed.
"My colleagues and I wrote to the NSW Attorney General recently and what we heard back was 'this has been reviewed and the protections are sufficient'," he said.
Professor Higgins said there was nothing standing in the way of legal change, other than "political and public will".
He said he couldn't understand the lack of action.
"The only logical reason I can think of is a society we don't value children as much as we value adults," he said.
"We don't even have a minister for children - we've got a minister for pretty much everything you can think of, but not one for children."
But Professor Higgins said the potential Queensland reforms were a glimmer of hope.
"It's really pleasing the Queensland Law Reform Commission is actually taking this seriously," he said.
"I think they will lead the way in Australia in changing the safety of children."
Queensland could become the first Australian state to outlaw corporal punishment in a move that could pave the way to a national ban.
Physical punishment is no longer legal in Australian schools, but parents and guardians are still free to strike, pinch, push or slap their children.
The lack of legal protection puts Australia behind 69 other countries including New Zealand, France and Sweden, as well as South Sudan, Turkmenistan and the Republic of Congo.
The Queensland Law Reform Commission is reassessing the state's protection of physical punishment in a wider review of Queensland's criminal code.
Queensland Premier David Crisafulli has opposed any change, saying it was "not for the state government to provide advice to a family about how to provide discipline and structure".
Director of the ACU Institute of Child Protection Studies Daryl Higgins said it was "stunning" Australia still allowed corporal punishment, given the overwhelming evidence that it was both ineffective and harmful.
"The truth is, many Australians still don't think it's wrong and don't think it should be illegal," Professor Higgins said.
Professor Higgins led a recent national study of 8500 people to find out how prevalent corporal punishment was in Australia.
"Among Australians aged 16-24 we found nearly six in 10 (58.4 per cent) had experienced corporal punishment in their childhood," he said.
"Across all 8500 participants the rate was 62.5 per cent, so that's a minuscule reduction in the youngest generation."
The research also asked parents about their use and opinion of physical force.
"Nearly 54 per cent of parents said they had used corporal punishment," Professor Higgins said.
"But we also looked at beliefs, and just over a quarter (26.4 per cent) of Australian parents said they thought corporal punishment was necessary to raise children."
Professor Higgins said changing the law was the only way to change those attitudes.
Corporal punishment is illegal in schools in every Australian state except Queensland, where it is prohibited by education department policy.
It is also illegal in early childhood settings.
It isn't illegal in alternative and foster care in the Northern Territory, Tasmania and Victoria, and it's also legal in juvenile detention in ACT and WA.
But it's legal for parents and caregivers in every state and territory.
While the laws differ between jurisdictions, they all protect physical punishment under the right of "reasonable chastisement or discipline".
Professor Higgins said the law effectively provided parents with a defence against what would otherwise be assault.
Most states don't define what "reasonable" force involves, but NSW says it is "unreasonable" to strike a child to the head or neck, or hard enough that the harm "lasts more than a short period".
Professor Higgins said the NSW definition demonstrated the brutality of the current laws.
"If you were thinking about stopping violence against women would you want to go down the path of saying it's OK for husbands to hit their wives as long as they don't hit above the neck?" he said.
"It's beyond belief when you apply it to other contexts, but when it comes to children we feel that parents are sacrosanct."
Professor Higgins led a recent study reviewing decades of corporal punishment research.
"In all the research globally, the only positive outcome that's consistently found in the research is immediate compliance. The child stops the behaviour in the moment," he said.
"It doesn't help the child understand what they've supposedly done wrong, or help them to internalise and change their behaviour.
"It doesn't build empathy, self-regulation or behavioural control, so really any of the things that matter."
Instead, the research showed physical punishment led to depression, low self esteem, and potentially the use of violence by the children themselves.
"Inevitably when you see physical punishment being used it's actually the adult who's out of control. Not the child," Professor Higgins said.
"Calm, self-regulated parenting is the fundamental premise for basically every single evidence-based parenting program."
He said child protection advocates had tried many times to get corporal punishment outlawed.
"My colleagues and I wrote to the NSW Attorney General recently and what we heard back was 'this has been reviewed and the protections are sufficient'," he said.
Professor Higgins said there was nothing standing in the way of legal change, other than "political and public will".
He said he couldn't understand the lack of action.
"The only logical reason I can think of is a society we don't value children as much as we value adults," he said.
"We don't even have a minister for children - we've got a minister for pretty much everything you can think of, but not one for children."
But Professor Higgins said the potential Queensland reforms were a glimmer of hope.
"It's really pleasing the Queensland Law Reform Commission is actually taking this seriously," he said.
"I think they will lead the way in Australia in changing the safety of children."
Queensland could become the first Australian state to outlaw corporal punishment in a move that could pave the way to a national ban.
Physical punishment is no longer legal in Australian schools, but parents and guardians are still free to strike, pinch, push or slap their children.
The lack of legal protection puts Australia behind 69 other countries including New Zealand, France and Sweden, as well as South Sudan, Turkmenistan and the Republic of Congo.
The Queensland Law Reform Commission is reassessing the state's protection of physical punishment in a wider review of Queensland's criminal code.
Queensland Premier David Crisafulli has opposed any change, saying it was "not for the state government to provide advice to a family about how to provide discipline and structure".
Director of the ACU Institute of Child Protection Studies Daryl Higgins said it was "stunning" Australia still allowed corporal punishment, given the overwhelming evidence that it was both ineffective and harmful.
"The truth is, many Australians still don't think it's wrong and don't think it should be illegal," Professor Higgins said.
Professor Higgins led a recent national study of 8500 people to find out how prevalent corporal punishment was in Australia.
"Among Australians aged 16-24 we found nearly six in 10 (58.4 per cent) had experienced corporal punishment in their childhood," he said.
"Across all 8500 participants the rate was 62.5 per cent, so that's a minuscule reduction in the youngest generation."
The research also asked parents about their use and opinion of physical force.
"Nearly 54 per cent of parents said they had used corporal punishment," Professor Higgins said.
"But we also looked at beliefs, and just over a quarter (26.4 per cent) of Australian parents said they thought corporal punishment was necessary to raise children."
Professor Higgins said changing the law was the only way to change those attitudes.
Corporal punishment is illegal in schools in every Australian state except Queensland, where it is prohibited by education department policy.
It is also illegal in early childhood settings.
It isn't illegal in alternative and foster care in the Northern Territory, Tasmania and Victoria, and it's also legal in juvenile detention in ACT and WA.
But it's legal for parents and caregivers in every state and territory.
While the laws differ between jurisdictions, they all protect physical punishment under the right of "reasonable chastisement or discipline".
Professor Higgins said the law effectively provided parents with a defence against what would otherwise be assault.
Most states don't define what "reasonable" force involves, but NSW says it is "unreasonable" to strike a child to the head or neck, or hard enough that the harm "lasts more than a short period".
Professor Higgins said the NSW definition demonstrated the brutality of the current laws.
"If you were thinking about stopping violence against women would you want to go down the path of saying it's OK for husbands to hit their wives as long as they don't hit above the neck?" he said.
"It's beyond belief when you apply it to other contexts, but when it comes to children we feel that parents are sacrosanct."
Professor Higgins led a recent study reviewing decades of corporal punishment research.
"In all the research globally, the only positive outcome that's consistently found in the research is immediate compliance. The child stops the behaviour in the moment," he said.
"It doesn't help the child understand what they've supposedly done wrong, or help them to internalise and change their behaviour.
"It doesn't build empathy, self-regulation or behavioural control, so really any of the things that matter."
Instead, the research showed physical punishment led to depression, low self esteem, and potentially the use of violence by the children themselves.
"Inevitably when you see physical punishment being used it's actually the adult who's out of control. Not the child," Professor Higgins said.
"Calm, self-regulated parenting is the fundamental premise for basically every single evidence-based parenting program."
He said child protection advocates had tried many times to get corporal punishment outlawed.
"My colleagues and I wrote to the NSW Attorney General recently and what we heard back was 'this has been reviewed and the protections are sufficient'," he said.
Professor Higgins said there was nothing standing in the way of legal change, other than "political and public will".
He said he couldn't understand the lack of action.
"The only logical reason I can think of is a society we don't value children as much as we value adults," he said.
"We don't even have a minister for children - we've got a minister for pretty much everything you can think of, but not one for children."
But Professor Higgins said the potential Queensland reforms were a glimmer of hope.
"It's really pleasing the Queensland Law Reform Commission is actually taking this seriously," he said.
"I think they will lead the way in Australia in changing the safety of children."
Queensland could become the first Australian state to outlaw corporal punishment in a move that could pave the way to a national ban.
Physical punishment is no longer legal in Australian schools, but parents and guardians are still free to strike, pinch, push or slap their children.
The lack of legal protection puts Australia behind 69 other countries including New Zealand, France and Sweden, as well as South Sudan, Turkmenistan and the Republic of Congo.
The Queensland Law Reform Commission is reassessing the state's protection of physical punishment in a wider review of Queensland's criminal code.
Queensland Premier David Crisafulli has opposed any change, saying it was "not for the state government to provide advice to a family about how to provide discipline and structure".
Director of the ACU Institute of Child Protection Studies Daryl Higgins said it was "stunning" Australia still allowed corporal punishment, given the overwhelming evidence that it was both ineffective and harmful.
"The truth is, many Australians still don't think it's wrong and don't think it should be illegal," Professor Higgins said.
Professor Higgins led a recent national study of 8500 people to find out how prevalent corporal punishment was in Australia.
"Among Australians aged 16-24 we found nearly six in 10 (58.4 per cent) had experienced corporal punishment in their childhood," he said.
"Across all 8500 participants the rate was 62.5 per cent, so that's a minuscule reduction in the youngest generation."
The research also asked parents about their use and opinion of physical force.
"Nearly 54 per cent of parents said they had used corporal punishment," Professor Higgins said.
"But we also looked at beliefs, and just over a quarter (26.4 per cent) of Australian parents said they thought corporal punishment was necessary to raise children."
Professor Higgins said changing the law was the only way to change those attitudes.
Corporal punishment is illegal in schools in every Australian state except Queensland, where it is prohibited by education department policy.
It is also illegal in early childhood settings.
It isn't illegal in alternative and foster care in the Northern Territory, Tasmania and Victoria, and it's also legal in juvenile detention in ACT and WA.
But it's legal for parents and caregivers in every state and territory.
While the laws differ between jurisdictions, they all protect physical punishment under the right of "reasonable chastisement or discipline".
Professor Higgins said the law effectively provided parents with a defence against what would otherwise be assault.
Most states don't define what "reasonable" force involves, but NSW says it is "unreasonable" to strike a child to the head or neck, or hard enough that the harm "lasts more than a short period".
Professor Higgins said the NSW definition demonstrated the brutality of the current laws.
"If you were thinking about stopping violence against women would you want to go down the path of saying it's OK for husbands to hit their wives as long as they don't hit above the neck?" he said.
"It's beyond belief when you apply it to other contexts, but when it comes to children we feel that parents are sacrosanct."
Professor Higgins led a recent study reviewing decades of corporal punishment research.
"In all the research globally, the only positive outcome that's consistently found in the research is immediate compliance. The child stops the behaviour in the moment," he said.
"It doesn't help the child understand what they've supposedly done wrong, or help them to internalise and change their behaviour.
"It doesn't build empathy, self-regulation or behavioural control, so really any of the things that matter."
Instead, the research showed physical punishment led to depression, low self esteem, and potentially the use of violence by the children themselves.
"Inevitably when you see physical punishment being used it's actually the adult who's out of control. Not the child," Professor Higgins said.
"Calm, self-regulated parenting is the fundamental premise for basically every single evidence-based parenting program."
He said child protection advocates had tried many times to get corporal punishment outlawed.
"My colleagues and I wrote to the NSW Attorney General recently and what we heard back was 'this has been reviewed and the protections are sufficient'," he said.
Professor Higgins said there was nothing standing in the way of legal change, other than "political and public will".
He said he couldn't understand the lack of action.
"The only logical reason I can think of is a society we don't value children as much as we value adults," he said.
"We don't even have a minister for children - we've got a minister for pretty much everything you can think of, but not one for children."
But Professor Higgins said the potential Queensland reforms were a glimmer of hope.
"It's really pleasing the Queensland Law Reform Commission is actually taking this seriously," he said.
"I think they will lead the way in Australia in changing the safety of children."
