This is from the Maxim newsletter. One of the more concise descriptions of the consequences of repealing section 59.
Supporters of repeal say that their intention is not to criminalise parents for what they call "trivial" smacking. Their intentions however are, to put it bluntly, irrelevant.
What matters is what the law will say.
Currently, section 59 gives parents, or those in the place of parents, a defence to charges that could result from a parent's use of physical force to discipline their child. The defence is a limited one; any force used must be "reasonable in the circumstances" and used "by way of correction". If section 59 is repealed, the law will say that ordinary smacking constitutes an assault to which parents will have no defence. The Police have confirmed that this will be the case. This is because the law defines "assault" very widely. Assault is a criminal offence for which parents could be charged if they do not have the protection of section 59. Other occasions in which parents touch their children for disciplinary reasons, such as putting an unwilling child into a chair for a five minute "time-out", will also constitute assault.
Many of those supporting repeal also say that the defence needs to be removed to prevent child abuse. However, child abuse is already illegal and is not protected by section 59. An analysis of cases involving section 59 shows that in the vast majority of cases, the limits of the defence are applied sensibly.
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From Zen Tiger Blog
I was at the Kindy picking up my young cub, and chatted to Sue for a few minutes. Sue is a professional caregiver. She wanted me to help with a thorny problem.
Sue: Mr Tiger, could I ask you a favour?
Zen: No, you can't have my cub. Even if he's adorable.
Sue: I wanted to know if you witnessed Ms X smack her son?
Zen: You mean Mrs X? I think she prefers Mrs.
Sue: Of course. Anyway, did you see Ms X smack her son?
Zen: You mean when Mrs X asked him not to climb the tree, and he did it anyway? I didn't see her smack him then.
Sue: No no, after that.
Zen: When she asked him not to touch the hanging flowerpot on the branch of the tree he climbed? I didn't see her smack him then.
Sue: No no, after that.
Zen: When he knocked the flowerpot off, and it crashed down and just missed young James who was crawling along below?
Sue: No no, after that.
Zen: Still, sterling bit of running from Mrs X? I mean, to cover that distance, pull James out of the way, and then catch the young lad as he toppled off the tree. Like a panther, Mrs X was. Stirling stuff.
Sue: Yes, but did you see Ms X smack her son after that?
Zen: When he bit Mrs X on the arm after the catch? No, I don't think she smacked him. I recall something along the lines of "You need to listen to me young man. No afternoon tea for you. You nearly hurt James very badly. That's why I asked you not to climb the tree."
Sue: And then he screamed "put me down. This is assault" and bit her.
Zen: Yes, I wondered where he got that phrase. Mrs X is very careful not to show too much TV.
Sue: Oh, he learned that in Kindy. We teach the children their rights from age 4.
Zen: Really?
Sue: Oh yes. We are trained caregivers. We've done four years of training, plus I've got an extra 2 years experience. When you think about it, I know more about kids than Ms X.
Zen: Kids of your own?
Sue: Not yet. It will take about 10 years to repay my polytech loan. Still, when I do, I know exactly which Kindy I will send them to. I've already applied for 2019. I'm on a waiting list.
Zen: Good work. Thinking ahead. That's good parenting. I can see what you mean.
Sue: Yes, but about Ms. X smacking her child...
Zen: Mrs. You mean after being bitten on the arm? I didn't notice. I was distracted by the blood.
Sue: No, after that, when Ms X threatened a Time Out, he went and pulled Bridgette's pony tail.
Zen: And made Bridgette cry.
Sue: Yes. Ms X smacked him. Didn't you see?
Zen: Mrs. You mean right after she said "You do one more naughty thing and you'll get a smack."
Sue: Yes. And Ms X did. Right in front of every-one.
Zen: Mrs - but, yes, I was a little distracted by the screaming from Bridgette. And James mother seemed a little distraught. And you must admit, it did look like Mrs X's son was about to do it again...
Sue: Yes, but there are better ways to handle this. It was in my training. That's the problem. Mothers are so temperamental, they over-react.
Zen: It did seem to stop the lad from further antics.
Sue: But if Ms. X is prepared to do that in public, how must she be in private? You really have to wonder. Doubtless its the abuse at home. I bet her partner beats him. There was a bruise on his knee.
Zen: Partner? Oh, Mr X, her husband. Anyway, didn't the lad fall at the school gate this morning? When you closed it in his face?
Sue: That was the other knee I think. And why is he so naughty? That's got to be mental issues.
Zen: What did they do at school today?
Sue: Oh, we made sugar biscuits and red lemonade, then let them watch some videos all morning, because Friday mornings we do a staff meeting to discuss how to best measure their progress on our educational targets. It keeps them quiet.
Zen: Ah. I see.
Sue: I have to report my suspicions. It's what makes me a professional. I can spot this stuff. Are you prepared to back me up? It would be more convincing with a witness. For the sake of their children? Think of the children.
Zen: Funny you should mention that. I meant to tell you, the cub and I wont be back next week. Sad story. I've been transferred to Australia. Tried to fight it, but they wouldn't take no for an answer.
Sue: That's too bad. So you wont be available for the CYFS meeting I was organising?
Zen: Sadly, no. Tell you what, I'll take Mrs X aside and see what I can do. However, I think her husband has been transferred to Australia too. That's probably why she's on edge. She said "Australia? But then my little diddums will miss his wonderful Kindy teacher Sue. That will destroy him. We can't do it. Don't you know how important a caregiver is at his stage in life? You bastard. You got promoted to spite me didn't you?"
Sue: Oh how sad. I didn't realise. It all makes perfect sense now. Oh, forget I mentioned it.
Zen: No sweat Sue. Hey, what's your last name?
Sue: Bradford.
Zen: No kidding? Like the MP?
Sue: Yeah, she's my hero.
Zen: We all need our heroes.
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