Section 59 Crimes Act Repeal Bill

Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill

The purpose of this Bill is to stop force, and associated violence being inflicted on children in the context of correction or discipline. Presently, section 59 of the Crimes Act 1961 acts as a justification, excuse or defence for parents and guardians using force against their children where they are doing so for the purposes of correction and the force used is reasonable in the circumstances. The Bill will repeal that provision.

The effect of this amendment is that the statutory protection for use of force by parents and guardians will be removed. Children will now be in the same position as everyone else so far as the use of force (assault) is concerned. The use of force on a child may constitute an assault under section 194(a) of the Crimes Act, a comparatively new provision in the criminal law, and the repeal of section 59 ought not revive any old common law justification, excuse or defence that the provision may have codified.

Clause 4 simply repeals section 59.

Clause 5 makes consequential amendments to section 139A of the Education Act 1989 to remove the exemption for guardians in the prohibition on corporal punishment in schools.

Sue Bradford

Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill

Member's Bill

1Title
(1)This Act is the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Act 2005.

(2)In this Act, the Crimes Act 1961 is called "the principal Act".

2Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.

3Purpose
The purpose of this Act is to amend the principal Act to abolish the use of reasonable force by parents as a justification for disciplining children.

4Domestic discipline
Section 59 of the principal Act is repealed.

5Consequential amendments to Education Act 1989
(1)Section 139A(1) of the Education Act 1989 is amended by omitting the words ", unless that person is a guardian of the student or child".

(2)Section 139A(2) of the Education Act 1989 is amended by omitting the words ", unless that person is a guardian of the student or child".


Go to the "Repeal Section 59" Campaign Page

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