Latest news with #QueenslandLawReformCommission
The Advertiser
19-05-2025
- Health
- The Advertiser
It's time to treat children with the same respect and protection as adults
Right now, it's legal for parents to physically punish their children in Australia. This includes smacking, pinching, or even washing their mouth out with soap. While laws protect adults from physical assault, children don't have the same protection. But that could soon change. The Queensland Law Reform Commission (QLRC) is reviewing the state's criminal code and looking at ways to better protect children from physical harm. Two options are being considered - option one, repeal the defence, and option two, amend the defence. Option one would remove the law that allows "reasonable" physical punishment by parents. It would treat hitting a child the same as hitting an adult. This option includes providing parents with support and education instead of charging them with a crime for minor incidents. Option two would keep the law allowing parents to use low-level physical punishment (like a light smack) but clarify what is and isn't allowed. Research shows children who are smacked or hit are more likely to experience anxiety, depression, and low self-esteem later in life. The Australian Child Maltreatment Study found children who were physically punished four or more times were almost twice as likely to develop anxiety or depression in young adulthood. Physical punishment affects a child's brain development, making it harder for them to manage stress and emotions. Parents might think smacking stops bad behaviour, but studies show it doesn't work in the long term. In fact, it can make children more aggressive, disobedient, and antisocial. More than 70 international studies have linked corporal punishment to increased aggression and worse behaviour. Children who are punished physically are more likely to hit others as they grow up, including their own children or partners. It teaches them that violence is a normal way to solve problems. Physical punishment breaks trust. Children who are hit by their parents can become scared, angry, or emotionally withdrawn. This weakens their bond with caregivers, making it harder to guide them positively in the future. In 2009, the Australian government estimated that the costs of corporal punishment - including medical treatment, mental health issues, and lost productivity - would reach more than $200 million between 2012 and 2022. Preventing violence saves money as well as lives. Australia is falling behind. So far, 68 countries have banned corporal punishment. New Zealand did so in 2007 and ran a national public health campaign to teach parents about non-violent discipline. Since then, child assault reports have decreased and support for smacking has dropped from 89 per cent in 1981, to 19 per cent in 2018. This shows that when laws change and parents are supported, attitudes and behaviours change, too. If Queensland repeals the legal defence for corporal punishment, it must support parents with free evidence-based parenting programs and a public health campaign to explain why the law is changing and alternatives to smacking. MORE OPINION: It must work closely with Aboriginal and Torres Strait Islander communities and culturally diverse groups to avoid repeating past harms, and monitor whether corporal punishment is decreasing and if families are getting the help they need. Changing the law isn't about criminalising parents. It's about protecting children and guiding families toward safer, more effective ways to teach right from wrong. While option two may address concerns about over-criminalisation, it sends a mixed message about the acceptability of physical discipline. Parents need to know that any form of physical punishment can be harmful. The law should unequivocally prohibit such practices to protect children's rights and wellbeing. Many parents use smacking because they think it's the only way to get their child to behave. But there are better ways including praising good behaviour, setting clear rules, implementing fair consequences, helping children to regulate their emotions, and using time-outs or quiet moments to help children reflect. These methods build stronger relationships and help children learn self-control without fear or pain. Queensland and Australia have an opportunity to lead in child protection. The evidence is clear - corporal punishment doesn't work, and it causes harm. It's time to treat children with the same respect and protection as adults. Children deserve to feel safe in their homes. Parents deserve support to use better parenting strategies. Society benefits when we reduce violence, improve mental health, and raise resilient children. The law must change. And with the right support, families can thrive without violence. Right now, it's legal for parents to physically punish their children in Australia. This includes smacking, pinching, or even washing their mouth out with soap. While laws protect adults from physical assault, children don't have the same protection. But that could soon change. The Queensland Law Reform Commission (QLRC) is reviewing the state's criminal code and looking at ways to better protect children from physical harm. Two options are being considered - option one, repeal the defence, and option two, amend the defence. Option one would remove the law that allows "reasonable" physical punishment by parents. It would treat hitting a child the same as hitting an adult. This option includes providing parents with support and education instead of charging them with a crime for minor incidents. Option two would keep the law allowing parents to use low-level physical punishment (like a light smack) but clarify what is and isn't allowed. Research shows children who are smacked or hit are more likely to experience anxiety, depression, and low self-esteem later in life. The Australian Child Maltreatment Study found children who were physically punished four or more times were almost twice as likely to develop anxiety or depression in young adulthood. Physical punishment affects a child's brain development, making it harder for them to manage stress and emotions. Parents might think smacking stops bad behaviour, but studies show it doesn't work in the long term. In fact, it can make children more aggressive, disobedient, and antisocial. More than 70 international studies have linked corporal punishment to increased aggression and worse behaviour. Children who are punished physically are more likely to hit others as they grow up, including their own children or partners. It teaches them that violence is a normal way to solve problems. Physical punishment breaks trust. Children who are hit by their parents can become scared, angry, or emotionally withdrawn. This weakens their bond with caregivers, making it harder to guide them positively in the future. In 2009, the Australian government estimated that the costs of corporal punishment - including medical treatment, mental health issues, and lost productivity - would reach more than $200 million between 2012 and 2022. Preventing violence saves money as well as lives. Australia is falling behind. So far, 68 countries have banned corporal punishment. New Zealand did so in 2007 and ran a national public health campaign to teach parents about non-violent discipline. Since then, child assault reports have decreased and support for smacking has dropped from 89 per cent in 1981, to 19 per cent in 2018. This shows that when laws change and parents are supported, attitudes and behaviours change, too. If Queensland repeals the legal defence for corporal punishment, it must support parents with free evidence-based parenting programs and a public health campaign to explain why the law is changing and alternatives to smacking. MORE OPINION: It must work closely with Aboriginal and Torres Strait Islander communities and culturally diverse groups to avoid repeating past harms, and monitor whether corporal punishment is decreasing and if families are getting the help they need. Changing the law isn't about criminalising parents. It's about protecting children and guiding families toward safer, more effective ways to teach right from wrong. While option two may address concerns about over-criminalisation, it sends a mixed message about the acceptability of physical discipline. Parents need to know that any form of physical punishment can be harmful. The law should unequivocally prohibit such practices to protect children's rights and wellbeing. Many parents use smacking because they think it's the only way to get their child to behave. But there are better ways including praising good behaviour, setting clear rules, implementing fair consequences, helping children to regulate their emotions, and using time-outs or quiet moments to help children reflect. These methods build stronger relationships and help children learn self-control without fear or pain. Queensland and Australia have an opportunity to lead in child protection. The evidence is clear - corporal punishment doesn't work, and it causes harm. It's time to treat children with the same respect and protection as adults. Children deserve to feel safe in their homes. Parents deserve support to use better parenting strategies. Society benefits when we reduce violence, improve mental health, and raise resilient children. The law must change. And with the right support, families can thrive without violence. Right now, it's legal for parents to physically punish their children in Australia. This includes smacking, pinching, or even washing their mouth out with soap. While laws protect adults from physical assault, children don't have the same protection. But that could soon change. The Queensland Law Reform Commission (QLRC) is reviewing the state's criminal code and looking at ways to better protect children from physical harm. Two options are being considered - option one, repeal the defence, and option two, amend the defence. Option one would remove the law that allows "reasonable" physical punishment by parents. It would treat hitting a child the same as hitting an adult. This option includes providing parents with support and education instead of charging them with a crime for minor incidents. Option two would keep the law allowing parents to use low-level physical punishment (like a light smack) but clarify what is and isn't allowed. Research shows children who are smacked or hit are more likely to experience anxiety, depression, and low self-esteem later in life. The Australian Child Maltreatment Study found children who were physically punished four or more times were almost twice as likely to develop anxiety or depression in young adulthood. Physical punishment affects a child's brain development, making it harder for them to manage stress and emotions. Parents might think smacking stops bad behaviour, but studies show it doesn't work in the long term. In fact, it can make children more aggressive, disobedient, and antisocial. More than 70 international studies have linked corporal punishment to increased aggression and worse behaviour. Children who are punished physically are more likely to hit others as they grow up, including their own children or partners. It teaches them that violence is a normal way to solve problems. Physical punishment breaks trust. Children who are hit by their parents can become scared, angry, or emotionally withdrawn. This weakens their bond with caregivers, making it harder to guide them positively in the future. In 2009, the Australian government estimated that the costs of corporal punishment - including medical treatment, mental health issues, and lost productivity - would reach more than $200 million between 2012 and 2022. Preventing violence saves money as well as lives. Australia is falling behind. So far, 68 countries have banned corporal punishment. New Zealand did so in 2007 and ran a national public health campaign to teach parents about non-violent discipline. Since then, child assault reports have decreased and support for smacking has dropped from 89 per cent in 1981, to 19 per cent in 2018. This shows that when laws change and parents are supported, attitudes and behaviours change, too. If Queensland repeals the legal defence for corporal punishment, it must support parents with free evidence-based parenting programs and a public health campaign to explain why the law is changing and alternatives to smacking. MORE OPINION: It must work closely with Aboriginal and Torres Strait Islander communities and culturally diverse groups to avoid repeating past harms, and monitor whether corporal punishment is decreasing and if families are getting the help they need. Changing the law isn't about criminalising parents. It's about protecting children and guiding families toward safer, more effective ways to teach right from wrong. While option two may address concerns about over-criminalisation, it sends a mixed message about the acceptability of physical discipline. Parents need to know that any form of physical punishment can be harmful. The law should unequivocally prohibit such practices to protect children's rights and wellbeing. Many parents use smacking because they think it's the only way to get their child to behave. But there are better ways including praising good behaviour, setting clear rules, implementing fair consequences, helping children to regulate their emotions, and using time-outs or quiet moments to help children reflect. These methods build stronger relationships and help children learn self-control without fear or pain. Queensland and Australia have an opportunity to lead in child protection. The evidence is clear - corporal punishment doesn't work, and it causes harm. It's time to treat children with the same respect and protection as adults. Children deserve to feel safe in their homes. Parents deserve support to use better parenting strategies. Society benefits when we reduce violence, improve mental health, and raise resilient children. The law must change. And with the right support, families can thrive without violence. Right now, it's legal for parents to physically punish their children in Australia. This includes smacking, pinching, or even washing their mouth out with soap. While laws protect adults from physical assault, children don't have the same protection. But that could soon change. The Queensland Law Reform Commission (QLRC) is reviewing the state's criminal code and looking at ways to better protect children from physical harm. Two options are being considered - option one, repeal the defence, and option two, amend the defence. Option one would remove the law that allows "reasonable" physical punishment by parents. It would treat hitting a child the same as hitting an adult. This option includes providing parents with support and education instead of charging them with a crime for minor incidents. Option two would keep the law allowing parents to use low-level physical punishment (like a light smack) but clarify what is and isn't allowed. Research shows children who are smacked or hit are more likely to experience anxiety, depression, and low self-esteem later in life. The Australian Child Maltreatment Study found children who were physically punished four or more times were almost twice as likely to develop anxiety or depression in young adulthood. Physical punishment affects a child's brain development, making it harder for them to manage stress and emotions. Parents might think smacking stops bad behaviour, but studies show it doesn't work in the long term. In fact, it can make children more aggressive, disobedient, and antisocial. More than 70 international studies have linked corporal punishment to increased aggression and worse behaviour. Children who are punished physically are more likely to hit others as they grow up, including their own children or partners. It teaches them that violence is a normal way to solve problems. Physical punishment breaks trust. Children who are hit by their parents can become scared, angry, or emotionally withdrawn. This weakens their bond with caregivers, making it harder to guide them positively in the future. In 2009, the Australian government estimated that the costs of corporal punishment - including medical treatment, mental health issues, and lost productivity - would reach more than $200 million between 2012 and 2022. Preventing violence saves money as well as lives. Australia is falling behind. So far, 68 countries have banned corporal punishment. New Zealand did so in 2007 and ran a national public health campaign to teach parents about non-violent discipline. Since then, child assault reports have decreased and support for smacking has dropped from 89 per cent in 1981, to 19 per cent in 2018. This shows that when laws change and parents are supported, attitudes and behaviours change, too. If Queensland repeals the legal defence for corporal punishment, it must support parents with free evidence-based parenting programs and a public health campaign to explain why the law is changing and alternatives to smacking. MORE OPINION: It must work closely with Aboriginal and Torres Strait Islander communities and culturally diverse groups to avoid repeating past harms, and monitor whether corporal punishment is decreasing and if families are getting the help they need. Changing the law isn't about criminalising parents. It's about protecting children and guiding families toward safer, more effective ways to teach right from wrong. While option two may address concerns about over-criminalisation, it sends a mixed message about the acceptability of physical discipline. Parents need to know that any form of physical punishment can be harmful. The law should unequivocally prohibit such practices to protect children's rights and wellbeing. Many parents use smacking because they think it's the only way to get their child to behave. But there are better ways including praising good behaviour, setting clear rules, implementing fair consequences, helping children to regulate their emotions, and using time-outs or quiet moments to help children reflect. These methods build stronger relationships and help children learn self-control without fear or pain. Queensland and Australia have an opportunity to lead in child protection. The evidence is clear - corporal punishment doesn't work, and it causes harm. It's time to treat children with the same respect and protection as adults. Children deserve to feel safe in their homes. Parents deserve support to use better parenting strategies. Society benefits when we reduce violence, improve mental health, and raise resilient children. The law must change. And with the right support, families can thrive without violence.
The Advertiser
09-05-2025
- Politics
- The Advertiser
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."
The Guardian
16-03-2025
- Climate
- The Guardian
Tropical Cyclone Alfred
Decomposing organic matter in catchments flooded by Cyclone Alfred removed oxygen from water, suffocating aquatic life Mar 16 2025 24.01 EDT With power unlikely to be restored in some areas for weeks, EV owners are finding clever uses for their 'batteries on wheels' Mar 15 2025 15.00 EDT Mar 14 2025 19.00 EDT Entire colonies filmed clinging on to debris, ready to make nests on dry ground in Queensland and beyond Mar 12 2025 10.00 EDT Queensland Law Reform Commission will no longer deliver recommendations to government despite two-year inquiry Mar 12 2025 03.33 EDT Mar 12 2025 01.38 EDT Mar 11 2025 22.44 EDT Just over 100,000 homes and businesses in Queensland remain without power Mar 10 2025 23.32 EDT 'The immediate threat to the community has been reduced,' premier says – but SES warns residents to remain vigilant Mar 10 2025 21.35 EDT Mar 10 2025 20.41 EDT About 114 results for Tropical Cyclone Alfred
The Guardian
20-02-2025
- Politics
- The Guardian
Queensland's mandatory life imprisonment for murder lacks public support, law reform body finds
Queensland's mandatory penalty of life imprisonment for murder lacks community support, according to the state's law reform commission, despite the government recently expanding the provision to cover children as young as 10. In a consultation paper released on Thursday, the Queensland Law Reform Commission described the state's sentencing scheme for murder as 'the most inflexible in Australia' and raised three options for amendment for public debate. The proposed reforms directly contradict the headline policy of the new Liberal National party government. Premier David Crisafulli last year sponsored new laws expanding the mandatory sentence to children, which the government concedes is a violation of their human rights. Sign up for Guardian Australia's breaking news email 'The community does not support the mandatory penalty of life imprisonment for murder. The community expects sentencing to reflect the culpability of murder defendants,' according to the QLRC paper. Queensland's combination of mandatory sentencing and minimum non-parole periods of at least 20 years makes it the most inflexible in the country, the commission said. South Australia, the Northern Territory, Canada and the United Kingdom are among the other jurisdictions that impose mandatory life sentences for murder. The independent law reform institution was tasked with undertaking the review as a result of a recommendation of the Women's Safety and Justice taskforce in 2021, which examined coercive control and the experience of women and girls across the criminal justice system. It conducted preliminary consultation, including 96 meetings with stakeholders including judges, prosecutors, criminal defence lawyers, DFV victim survivors, legal aid, community justice groups and Aboriginal and Torres Strait Islander elders. The QLRC raised four options for the state's approach to murder sentences: Making no change Keeping mandatory life for particular killings such as of very vulnerable victims like children Setting a presumptive life sentence which the defence would have to argue down Or a maximum life sentence. The latter is most common in comparable jurisdictions, it said. The mandatory penalty creates several problems, the QLRC said, including discouraging guilty pleas, with almost three-quarters of convicted defendants to a murder charge pleading not guilty, compared to just 11.2% of those guilty of manslaughter. It also does not adequately reflect the particulars and 'nature of the crime and 'may disproportionately impact disadvantaged persons, including Aboriginal peoples and Torres Strait Islander peoples … and (domestic and family violence) DFV victim survivors', the QLRC said. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion 'In jurisdictions, such as Victoria, where the penalty for murder is maximum life imprisonment, the rate of guilty pleas is higher than in Queensland,' the paper reads. The commission also found that the state's self-defence laws are unnecessarily complex and hard to understand, and do not work effectively for victim survivors of domestic and family violence who use force against their abuser. It found that the defence of domestic discipline – which permits the legal use of corporal punishment by parents and teachers for purposes of behavioural discipline or correction – is used to excuse the unreasonable use of serious violence. And the defence of 'killing on provocation' continues to be used by domestic violence perpetrators who have killed out of jealousy or anger. The QLRC chair, Fleur Kingham, said: 'our preliminary assessment is that significant reforms are required.' The Crisafulli government's 'adult crime, adult time' policy was a key commitment at the election in October. The government conceded it directly discriminates against children by limiting their 'protection from cruel, inhuman or degrading treatment'. The commission is open to submissions from the public until 20 April. A final report with recommendations is expected in December this year.
