Defence of lawful correction

Defence title:

Defence of lawful correction

Act:

61AA Crimes Act (NSW)

Defence:

(1)   A person who applies physical force to a child has a defence if, and only if:

(a)   The person was the parent or a person acting for the parent; and

(b)   The force was reasonable having regard to the age, health, maturity or other characteristics of the child, the nature of the alleged misbehaviour or other circumstances.

(2)   The application of physical force, unless that force could reasonably be considered trivial or negligible in all the circumstances, is not reasonable if the force is applied—

(a)   to any part of the head or neck of the child, or

(b)   to any other part of the body of the child in such a way as to be likely to cause harm to the child that lasts for more than a short period.

Penalty:

Imprisonment for 2 years.

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District and Supreme Courts

How committed:

Person A pushes Person B for any reason and without the consent of Person B.

Important note:

Child - means a person under 18 years of age.

Parent – means a person having all the duties, powers, responsibilities and authority in respect of the child which, by law, parents have in relation to their children.

person acting for a parent of a child - means a person—

(a)   who—

                         i.         is a step-parent of the child, a de facto partner of a parent of the child, a relative (by blood or marriage) of a parent of the child or a person to whom the parent has entrusted the care and management of the child, and

                       ii.         is authorised by a parent of the child to use physical force to punish the child, or

(b)   who, in the case of a child who is an Aboriginal or Torres Strait Islander (within the meaning of the Children and Young Persons (Care and Protection) Act 1998), is recognised by the Aboriginal or Torres Strait Islander community to which the child belongs as being an appropriate person to exercise special responsibilities in relation to the child.