VIC Is it Legal To Spank/Hit Your Child?

[Victor Loquat]

I'm asking for a friend, who is in Victoria, Melbourne. She used to live in Delhi. She used to spank her child(boy) when needed to be disciplined or corrected. Never hit her child excessively. They have been settling down in Australia a few months now. They told her child that her mother cannot hit her. And she doesn't know the law, so she just has to let it go when the child is naughty. Is it Legal to spank the child? What are the things necessary to know if it is legal? Been searching google, i just didn't understand it at all. Can you help me in easy words?(if possible)

 

[Scruff]

I recommend that you get together with your friend and carefully read through the following document. It was last updated in March 2017 and is likely to still be current.

The document is long and very extensive, but I think that is appropriate in the circumstances where someone has come to a new country where the culture may be very different from what they're used to. So be thorough and explain everything that your friend doesn't understand. If you have trouble understanding anything yourself or have any questions after reading it, then feel free to come back here and ask.

Corporal punishment: Key issues

 

[Victor Loquat]

I recommend that you get together with your friend and carefully read through the following document. It was last updated in March 2017 and is likely to still be current.

The document is long and very extensive, but I think that is appropriate in the circumstances where someone has come to a new country where the culture may be very different from what they're used to. So be thorough and explain everything that your friend doesn't understand. If you have trouble understanding anything yourself or have any questions after reading it, then feel free to come back here and ask.

Corporal punishment: Key issues

Vic.
Common law defence

There is no legislation concerning corporal punishment by parents in Victoria, however, there is a common law defence for parental use of corporal punishment.

Victorian common law allows parents to administer corporal punishment to children in their charge provided the punishment is neither unreasonable nor excessive.

"According to my understanding, does it mean that a parent may use corporal punishment but must be reasonable. Causing pain for just a "short period". What would your interpretation be? btw thanks for the reply

 

[Scruff]

Wow - you got through that quick!

Okay, that's probably where NSW law is a good example. Take a look at the relevant section from the NSW Crimes Act:

CRIMES ACT 1900 - SECT 61AA Defence of lawful correction

Before you do, the word "reasonable" in law generally means what would be acceptable to the general public and the words "short period" would be similar, in regard to what the general public would consider to be appropriate.

When I was growing up, my parents would slap us across the back of the upper leg (if warranted). It stings like hell when it happens, but it dissipates quickly because there's a lot of tissue and muscle there. So for me, "short period" would be less than 5 minutes. In my opinion, if you cause pain that lasts longer than that, then you got it wrong.

 

[Victor Loquat]

Wow - you got through that quick!

Okay, that's probably where NSW law is a good example. Take a look at the relevant section from the NSW Crimes Act:

CRIMES ACT 1900 - SECT 61AA Defence of lawful correction

Before you do, the word "reasonable" in law generally means what would be acceptable to the general public and the words "short period" would be similar, in regard to what the general public would consider to be appropriate.

When I was growing up, my parents would slap us across the back of the upper leg (if warranted). It stings like hell when it happens, but it dissipates quickly because there's a lot of tissue and muscle there. So for me, "short period" would be less than 5 minutes. In my opinion, if you cause pain that lasts longer than that, then you got it wrong.

I agree with you....I live in India, my grandma would spank me with every possible household item she would fine....smack me on butt or my palm... would hurt around 5 minutes....And the kid and his mom i'm talking about....would be the same i think...she loves her child....never did anything that would be called as child abuse....So lets say...if the kid can be no longer disciplined through words....what a bout a slap on the butt (quite hard) a few times. Would that go as a child abuse? The mom and kids are from Myanmar....The mom usually beat his ass if needed to be....Not being impolite but To be honest, she is uneducated and she would just believe and trust whatever someone with more experience would say... She's been complaining to me about the kid being very naughty.....She wants to teach him a lesson, beat his ass but afraid she might go to jail if she did that. What's your say?