Archive for the ‘.Section 59 old and new’ Category

Section 59 old and new

Thursday, September 25th, 2008

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.