on 26-10-2013 09:10 AM
It is against the law for parents to smack a child but this is allowed?!!!!!!!!!!
on 26-10-2013 02:41 PM
Well that sums it up pretty well Richo. Violence breeds violence.
on 26-10-2013 02:42 PM
thats an extreme example, but i wonder who judges whats reasonable ? this sadistic old cow used to hit me with her cane every day when i was six and seven, and i believe she was allowed at that time.
on 26-10-2013 02:50 PM
@j*oono wrote:Well that sums it up pretty well Richo. Violence breeds violence.
i think it can be justified in some cases. i had another teacher in highschool who used to hit me over the head and one day i hit back and he never hit any boy again that year. he obviously said nothing to the head as well, because i wasn't punished.
on 26-10-2013 03:04 PM
@lakeland27 wrote:thats an extreme example, but i wonder who judges whats reasonable ? this sadistic old cow used to hit me with her cane every day when i was six and seven, and i believe she was allowed at that time.
I provided the legal position in an earlier post, but basically, it will be up to the legal bodies to determine what is reasonable relevant to established precedent and their interpretations of the surrounding laws and extrinsic materials permissible for referal according to the appropriate Acts Interpretation Act/s.
on 26-10-2013 03:08 PM
@lakeland27 wrote:
@j*oono wrote:Well that sums it up pretty well Richo. Violence breeds violence.
i think it can be justified in some cases. i had another teacher in highschool who used to hit me over the head and one day i hit back and he never hit any boy again that year. he obviously said nothing to the head as well, because i wasn't punished.
I think (but could be wrong) that WA and Qld are the only States that allow for a schoolmaster or parent to administer force to a child's head.
(obviously a disclaimer would apply to this in cases for example, where medical or emergency intervention was required for a beneficial outcome)
on 26-10-2013 03:26 PM
@lakeland27 wrote:thats an extreme example, but i wonder who judges whats reasonable ? this sadistic old cow used to hit me with her cane every day when i was six and seven, and i believe she was allowed at that time.
I can trace it back to 1894 in the case Smith v. O'Byrne (quick google)
"A Schoolmaster may, in respect of school offences, misbehaviour, disobedience, idleness and the like, lawfully inflict moderate and reasonable corporal chastisement, commensurate with the offence, upon a scholar capable of appreciating the punishment"
And then the Criminal Code (1901) s280 states
"It is lawful for a person in the place of a parent or for a schoolmaster or master to use, by way of correction towards a child, pupil, or apprentice under his care, such force as is reasonable under the circumstances."
This is it from a Qld perspective, but from memory, this was similar to all States until "recently"
26-10-2013 03:51 PM - edited 26-10-2013 03:52 PM
The video clip in the link is based on special needs children/ children with very bad behavioural problems.
No doubt the practices shown are babaric. The children at the end who are in a school where they don't hold down the children now when they are out of control,they separate them from others (so they can't harm other children), they were all fairly small children (less likely to inflict serious damage on other persons or property than a adult sized teen).
What are schools supposed to do with these students when they are totally out of control?
I don't see any problem with the time out room/locked cell type arrangement.
I used to work in a special needs school (in the office) and the students were treated very well there. There were 1 or 2 (severe brain damage at birth) that occasionally had to be tackled & held to the ground usually by 1 teacher (in a way that was approved) to prevent them harming themselves or others.
Others would break windows, create havoc and were put in the time out room/cell until they calmed down.
on 26-10-2013 04:08 PM
I know a person who is a Principal of a Qld Public School.
He specializes in the schools with really tough kids (ie ones which have been excluded from most other schools, or in areas where the whole sociocultural structure is a bit scary) that's where the department sends him - into schools with major truancy and discipline issues.
Many of the kids he deals with come from low socioeconomic backgrounds, abusive families (sexual and physical) just rough environments where the kids haven't really got a decent chance or role models to know how to behave iykwim, and of course some od them also have undiagnosed learning disabilies which contribute to their undesirable behaviour displays.
He actually has permission from the Department of Education to apply reasonable force and/or to constrain a child who presents a danger to either himself or other children. The force deemed reasonable is restricted to what is necessary, it cannot be "excessive".
This man is 6'4 and "solid", he has been attacked with furniture, kicked, punched, bitten, knifed - as have other members of the staff and student body.
The incidences of restraint that I have been told about have been mainly limited to "a bear hug" kind of thing. Just holding the child very tightly in such a way as their movements are restricted. (you know, kicking punching etc) also isolation etc as well and the required force to place the child into that environment. (It is then handed over to police etc once the safety of the other children etc has been restored)
ATM, he is in a school, where he personally has to go to the homes of truant children and demand their attendance at school, If the parent refuses, he has the authority to inform the parent that they will be reported and their benefits stopped. (Centrelink payments etc) Once he gets them to school, most of these kids are reclothed in clean clothes, showered, treated for nits etc (obviously only those whose own carers don't do this for them) and supply them breakfast, and if necessary, other meals throughout the day.
lots of these kids don't even have a bag to put their school books in, far less any of the stuff they need to access their education. So this is also supplied as much as possible too.
There are some kids out there, who through no fault of their own, just never ever stand a chance.
on 26-10-2013 04:33 PM
There are some kids out there, who through no fault of their own, just never ever stand a chance.
Yes, there sure is.
on 26-10-2013 04:55 PM
part of the protective practises guidelines by DECD. This is what we go by in a DECD school
Use of appropriate physical force may be permitted to
ensure that the employer’s duty of care to protect children
and young people and staff from foreseeable risks of injury
is met. Common law defences such as self-defence and
defence of others remain legitimate reasons for the use
of physical restraint. All people have the right to defend
themselves against an attack provided they do not use
a disproportionate degree of force to do so.