Denis O'Hagan 0 Comments
Have You Read Section 59?
Have you read what section 59 actually says? Force can be used if it is reasonable in the circumstances to prevent children from doing certain things or to make them do certain other things. It cannot however be used as a means of correction. That means if a child tries to stick a screw driver in a light socket, reasonable force can be used to prevent it. Force cannot be used however as a punishment. In the old days it was not unheard of for a child to be be told, “you just wait till your father gets home…!” Well when Dad or Mum gets home now what ever they do, they cannot use force by way of punishment.
Section 59 reads
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 disruptive 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 the Police have the discretion not to prosecute complaints against a parent of a child or person in the place of a parent of a 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 proceeding with a prosecution.
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