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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44903
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am wanting some advice on parents rights to use physical

Customer Question

Hi I am wanting some advice on parents rights to use physical discipline to punish a child. Our child is a compulsive liar and hates any kind of discipline no matter how we try to help him. He has reported us to the chaplain who has reported it to DCP. What are our rights in regard to having to answer and admit to false claims by our son
JA: In what state did this occur?
Customer: WA
JA: Have you talked to a lawyer yet?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes only one parent has spoken to dcp so far and we expect the other will be tomorrow. what do we need to know to avoid being falsely accused by them
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 1 month ago.

Good Afternoon

There is no law that says you cant discipline them physically. But if you do then depending on what the police are told and what they see you may be charged with assault.

A slap on the backside would not be assault but across the face you will have issues.

You have to explain what happened and what you did.

Here is some information on what the law says in australia

If your children keep reporting you they risk being taken away and they should be made aware of this.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Customer: replied 1 month ago.
We have administered corporal punishment rarely to significant defiance from the child. He is accusing us of using a horse whip which dcp are trying to suggest is an implement. This is incorrect. There is only one time supposedly he had a horse crop that is only like a cane without any tassels used on him. It was not used harshly or severely. How is the strap or wooden spoon seen on a backside? Again these things are a rare occurrence as the choice discipline is pushups.
Expert:  Leon replied 1 month ago.

Good Afternoon

You should not be using any implement that would be seen as abuse.

It should not be used at all.

Any implement is seen as abuse and they will charge you with assault and you could have them children taken form you.

Just your hand and on the backside.

Anything else would be abuse.

Customer: replied 1 month ago.
When did corporal punishment cease to include the usual wooden spoon and strap on the backside as private schools until really recently could use it. I cannot find any evidence.
Expert:  Leon replied 1 month ago.

Good Afternoon

There has been debate for many years.

You cannot use implements. I have seen many parents get criminal records for assault using implements. It is not acceptable.

If school did that now they would be charged and the teacher terminated.

There is no act as such but the crimes act is used for the charges. Using excessive force or an implement is assault.