Parents in Queensland could soon face criminal charges for smacking their children as the state moves to potentially outlaw corporal punishment in the home. The Queensland Law Reform Commission (QLRC) is reviewing the state’s Criminal Code, which currently allows a legal defence for parents to use physical discipline, as long as it is deemed “reasonable.”
The proposed changes seek to remove or significantly restrict this legal defence, ensuring that children are granted the same protection from assault as adults. Under the new legislation, any form of physical punishment that results in injury, such as hitting a child with a belt or wooden spoon, would be outlawed. Additionally, the use of force on a child’s head, face, or neck would be expressly prohibited.
This review follows notable legal cases, including a 2022 incident where a Queensland mother lost custody of both of her children and was sentenced to nine months’ probation after smacking her 10-year-old son on the backside with a wooden spoon. The mother, from Paradise Point, was convicted of assaulting her child after the boy used her credit card to purchase $600 worth of video games. When the boy, who reportedly has ADHD, kicked holes in a wall after the gaming console was confiscated, the mother smacked him. Her defence lawyer described the situation as a “brain snap with a difficult child,” and she was said to be “extremely remorseful.”
The court ruling resulted in the mother being allowed only supervised visits with her children twice a week. Magistrate Mark Bamberry, while sympathetic to the mother’s situation, emphasised that physical discipline is no longer acceptable, stating, “I was struck by my grandfather about 40 years ago. Unfortunately, society has moved on, and that behaviour isn’t tolerated.”
The proposed legislative changes have received support from over 100 health and welfare experts, including organisations like the Daniel Morcombe Foundation and Bravehearts. However, the QLRC’s proposed move to restrict the legal defence for corporal punishment has faced strong opposition.
Queensland Premier David Crisafulli has publicly opposed the changes, saying the government should not tell parents how to discipline their children. He reiterated that while assault laws should prevent violence, the state should not be dictating how parents provide discipline, structure, and support to their children. “It is not for the state government to provide advice to a family about how to provide discipline and structure,” he said.
The QLRC’s consultation paper, released earlier this year, notes that the domestic discipline defence allows parents to use “reasonable” force to control a child. It notes concern that such a defence could allow for more serious offences, including assault occasioning bodily harm or even choking, as long as the force is deemed reasonable in the circumstances.
Parental rights advocates have condemned the move, arguing that it exploits cases of abuse to justify criminalising a practice that has long been regarded as a standard aspect of parenting. Christian groups, in particular, have responded by reaffirming the Bible’s teaching on discipline, particularly in childhood, as essential for forming character, instilling respect for authority, and nurturing a heart willing to follow God.
The book of Proverbs highlights that proper correction, including measured physical discipline when appropriate, can guide children toward wisdom and away from destructive behaviour. Those opposed to the legislation have stressed that biblical discipline is never harsh or angry; it is always for the child’s good and mirrors the loving correction God gives His own children. It must be accompanied by reassurance and affection, teaching that true discipline flows from love and a desire to lead a child on the right path.
