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Can You Smack Your Child in NSW? Understanding Section 61AA of the Crimes Act

BySydney Criminal Lawyers

Is smacking your child illegal in NSW?

What was once considered reasonable discipline can now lead to criminal charges – and in some cases, even the removal of your child from your care.

As trusted Penrith Criminal Lawyers, we see this issue arise time and time again. The truth is: yes, parents can still discipline their children, but only within the strict boundaries of the law.

What the Law Says: Section 61AA Crimes Act 1900 (NSW)

Section 61AA of the Crimes Act 1900 (NSW) provides a defence of “lawful correction.” This means a parent or person acting in place of a parent may use physical force if:

  1. The force is used for punishment;
  2. The force is reasonable in the circumstances; and
  3. The person applying the force is a parent or guardian.

However, force is not reasonable if:

  1. It’s applied to the head or neck, unless trivial;
  2. It causes harm lasting more than a short period;
  3. It’s excessive, degrading, or out of proportion to the misbehaviour.

You can read the legislation yourself by clicking here.

When “Smacking” Becomes Assault

If police believe your disciplinary action crosses the line, you can be charged with or be subject to any of the following:

  1. Common Assault;
  2. Assault occasioning actual bodily harm (ABH); and/or
  3. be the subject of an Apprehended Domestic Violence Order (ADVO).

We’ve had many parents contact our Penrith Criminal Lawyers team in sheer disbelief -confused about how a small smack turned into a criminal charge.

How Courts Assess “Reasonable” Force

The courts will look at:

  1. The age and vulnerability of the child;
  2. The location and intensity of the force;
  3. Whether the force caused lasting physical or psychological harm; and/or
  4. The intent behind the discipline.

If the smack is seen as angry, disproportionate, or unnecessary, the defence under section 61AA may fail.

Mrs A’s Story: A Case We Handled

One of our clients, Mrs A, was charged with common assault after smacking her 9-year-old on the bottom leaving a mark 3 days later which was later discovered by the school, who then contacted the police.

To read more about the case we successful got a Court to dismiss, please read here.

What To Do If You’ve Been Charged

If you’ve received a Court Attendance Notice (CAN), been visited by FACS, or had police raise concerns about how you discipline your child –  call us immediately.

Our Penrith Criminal Lawyers are highly experienced in defending charges under Section 61AA and can guide you through every step of the legal process, from arrest to hearing.

Why Choose National Criminal Lawyers®?

  1. Fixed fees and flexible payment plans;
  2. Same-day urgent representation;
  3. An award-winning legal team led by Michael Moussa, a recognised expert in assault and domestic violence matters
  4. We’ve defended thousands of clients wrongly accused of assault due to misinterpreted parenting.

Final Word

Parenting is challenging – and in today’s legal climate, disciplining your child could land you in Court. If you’ve been charged for doing what you thought was right, get advice from lawyers who understand both the law and your rights as a parent.

Let us protect your record, your freedom and your family.

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