Old Section 59:
Every parent of a child and…every
person in the place of the parent of
a child is justified in using force by
way of correction towards the child, if
the force used is reasonable in the
circumstances.
New Section 59:
Parental Control
(1) Every parent of a child and every
person in the place of a parent of the
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 amounts to a criminal offence; or
(c) preventing the child from engaging or continuing to engage in offensive or disuptive behaviour; or
(d) performing the normal daily tasks that are incidental to good care and parenting.
(2) Nothing in subsection (1) or
in any rule of common law
justifies the use of force for the
purpose of correction.
(3) Subsection (2) prevails over
subsection (1).
(4) To avoid doubt it is affirmed that police have the discretion not to prosecute complaints against parents of any child, or those standing in place of any child, in relation to an offence involving the use of force against a child where the offence is considered to be so inconsequential that there is no public interest in pursuing a prosecution.