In some jurisdictions a parent’s right to use corporal punishment is provided for in legislation (e.g., New South Wales), while in others it is provided for by the common law (“judge-made law”) (e.g., Victoria) (see Table 2). All Australian states and territories condone (in principle) the use of force by a parent, by way of correction, towards a child.
Table 2: Australian law regarding the use of corporal punishment by parents
State Legislation and or common law relating to corporal punishment by parents Legislative Act or Criminal Code
ACT
The ACT has no legislation concerning the use of corporal punishment by parents. The Child Welfare Ordinance 1957 allowed a person with the lawful care of a child to administer physical punishment, however the Act was repealed by the Children’s Services Ordinance 1986. At present the defence of “reasonable chastisement” remains in common law.
ACT Child Services Ordinance, 1986.