What is wrong with people!

[***super_nova***]

It is against the law for parents to smack a child but this is allowed?!!!!!!!!!!

http://www.upworthy.com/something-sickening-is-happening-to-some-of-our-schoolchildren-and-you-proba...

[*crikey*mate*]

---

@j*oono wrote:

Thanks.  I just found one story.

Nollamara Christian Academy is among three independent schools that have corporal punishment, which was banned in the state's public and Catholic schools in 1986.

---

In Qld, Corporal Punishment is banned in all Public Schools (sorry, I am not as cognizant with WA schools, however, Qld and WA laws are very similar, so similar that they are cojoined in Criminal Law textbooks and courses)

However, that banning is merely a policy directive of the Education Department, it is not Law.

So, should a teacher in a public school administer Corporal Punsihment to a child in their care, they would be breaching the terms of their employment contract, but would not be committing a criminal offence and thus unable to be punished accordingly.

But anyway, the main point is that it is not illegal to smack your children in the home, in Australia, provided it is "reasonable".

[*crikey*mate*]

---

@serendipityricho wrote:

Crikey-can remember the corporal punishment  at a state school

and high school in WA--1950-60s.

After leaving school and getting bigger-did the paybacks to the head master and teachers

who applied the cane and other beatings .........................Richo.

---

We had the cane when I went to school too (often). (private though) (70's - 80's)

I know that some Qld private schools do currently have Corporal Punishment as a condition of enrolment.

[lakeland27]

---

@crikey*mate wrote:

---

@lakeland27 wrote:

its not allowed in state schools in SA.

---

Is the Law, or is it policy?

Legislation South Australia does not explicitly state that corporal punishment is banned in schools. However, the provisions that previously allowed for the use of corporal punishment in schools have been removed from the relevant education acts.Education (Amendment) Act 1991 (SA).

BUT, the same ammendments have not been made in Commonwealth Criminal Codes and Commonwealth Law trumps State Law.

---

 the ed dept didn't allow it.  some of the spare the rod schools continued, but do it in a state school and see how quickly you were out.  the law may allow it in one act or bill, and not allow it in another. these contadictions exist.

[lakeland27]

---

@serendipityricho wrote:

Crikey-can remember the corporal punishment  at a state school

and high school in WA--1950-60s.

After leaving school and getting bigger-did the paybacks to the head master and teachers

who applied the cane and other beatings .........................Richo.

---

 i didn't wait that long richo

[*crikey*mate*]

---

@lakeland27 wrote:

---

@crikey*mate wrote:

---

@lakeland27 wrote:

its not allowed in state schools in SA.

---

Is the Law, or is it policy?

Legislation South Australia does not explicitly state that corporal punishment is banned in schools. However, the provisions that previously allowed for the use of corporal punishment in schools have been removed from the relevant education acts.Education (Amendment) Act 1991 (SA).

BUT, the same ammendments have not been made in Commonwealth Criminal Codes and Commonwealth Law trumps State Law.

---

 the ed dept didn't allow it.  some of the spare the rod schools continued, but do it in a state school and see how quickly you were out.  the law may allow it in one act or bill, and not allow it in another. these contadictions exist.

---

As I said, Commonwealth Law trumps State Law. In a State School it is a policy, so whilst a person would be in breach of their employment contract and are able to be reprimanded accordingly, they have not committed a criminal offence.

anyway, I was just pointing out the facts as they stand.

[*crikey*mate*]

---

@crikey*mate wrote:

---

@lakeland27 wrote:

---

@crikey*mate wrote:

---

@lakeland27 wrote:

its not allowed in state schools in SA.

---

Is the Law, or is it policy?

Legislation South Australia does not explicitly state that corporal punishment is banned in schools. However, the provisions that previously allowed for the use of corporal punishment in schools have been removed from the relevant education acts.Education (Amendment) Act 1991 (SA).

BUT, the same ammendments have not been made in Commonwealth Criminal Codes and Commonwealth Law trumps State Law.

---

 the ed dept didn't allow it.  some of the spare the rod schools continued, but do it in a state school and see how quickly you were out.  the law may allow it in one act or bill, and not allow it in another. these contadictions exist.

---

As I said, Commonwealth Law trumps State Law. In a State School it is a policy, so whilst a person would be in breach of their employment contract and are able to be reprimanded accordingly, they have not committed a criminal offence.

anyway, I was just pointing out the facts as they stand.

---

Lakes, what the above says is that the SA Legislation does not explicitly state that Corporal Punishment is allowed in schools, however, it also does not say that it is not. This gives rise for the ability for authoritive regulating bodies to create Policy Documents discouraging it.

[lakeland27]

i depends how far the punishment goes. i saw a teacher (state shotput champ) break a boys jaw. he was dismissed and charged.

[*crikey*mate*]

---

@lakeland27 wrote:

i depends how far the punishment goes. i saw a teacher (state shotput champ) break a boys jaw. he was dismissed and charged.

---

well, that can hardly be defined as "reasonable", now can it?

When acting "unreasonably" you are committing an assault, which is a criminal activity.

The degree of physical punishment that a parent or carer can use with a child is subject to legal regulation in Australia. In most states and territories, corporal punishment by a parent or carer is lawful provided that it is carried out for the purpose of correction, control or discipline, and that it is "reasonable" having regard to:

• the age of the child;
• the method of punishment;
• the child's capacity for reasoning (i.e., whether the child is able to comprehend correction/discipline); and
• the harm caused to the child (Bourke, 1981).

Corporal punishment that results in bruising, marking or other injury lasting longer than a 24-hour period may be deemed to be "unreasonable" and thus classified as physical abuse. As an example, the New South Wales Crimes Act 1900 (NSW) establishes that corporal punishment is unreasonable if the force is applied to any part of the head or neck of a child or to any other part of the body of a child in such a way as to be likely to cause harm to a child that lasts for more than a short period. Corporal punishment that is unreasonable in the circumstances may lead to intervention by police and/or child protection authorities.

It is lawful in Australia to use corporal punishment to discipline children as long as the punishment is "reasonable" in the circumstances. Punishment that is "unreasonable" (e.g., punishment that causes harm to a child that lasts for more than a short period) may be classified as physical abuse and could lead to intervention by police and/or child protection authorities.

[serendipityricho]

Good onya LL.

One beating i got was aged about 10.

Was hit with a 18in wooden ruler with a steel insert.

About a dozen times on the back of both legs.

Some bleeding and bruising lasted for weeks.

All because i would not sing in a choir,

Years later -spotted the teacher at the royal show..

Gave him a -tune up....................................................Richo.

[*crikey*mate*]

---

@serendipityricho wrote:

Good onya LL.

One beating i got was aged about 10.

Was hit with a 18in wooden ruler with a steel insert.

About a dozen times on the back of both legs.

Some bleeding and bruising lasted for weeks.

All because i would not sing in a choir,

Years later -spotted the teacher at the royal show..

Gave him a -tune up....................................................Richo.

---

So, you made it so that he can now sing Soprano, eh?

LOL