Crimes (Reasonable Parental Control and Correction) Amendment Bill

  • defeated on 08 September 2010
5 New section 59 substituted
  • Section 59 is repealed and the following section substituted:

    59 Reasonable parental control and correction
    • (1) Every parent of a child and, subject to subsection (4), every person acting in place of a parent of a child, is justified in using force if the force used is reasonable in the circumstances and is for the purpose of—

      • (a) preventing or minimising harm to the child or another person; or

      • (b) preventing the child from engaging or continuing to engage in conduct that is prohibited by an enactment creating a criminal offence; or

      • (c) preventing the child from engaging or continuing to engage in offensive or disruptive behaviour; or

      • (d) performing tasks that are incidental to good care and parenting; or

      • (e) correcting the behaviour of the child.

      (2) Without limiting the circumstances in which the use of force may be found to be unreasonable, subject to subsection (3) the use of force is unreasonable if—

      • (a) it causes the child to suffer injury that is more than transitory and trifling or materially contributes thereto; or

      • (b) it is inflicted by any weapon, tool, or other implement; or

      • (c) it is inflicted by any means that is cruel or degrading.

      (3) Subsections (2)(a) and (2)(b) do not apply in circumstances where the person applying the force believes on reasonable grounds that the use of force is necessary to prevent death or serious harm to the child or another person.

      (4) Nothing in this section justifies the use of force towards a child in contravention of section 139A of the Education Act 1989.