‘Domestic discipline’: Hundreds of alleged child abuse cases dropped

Queensland laws allowing parents to use corporal punishment against children for “correction, discipline, management or control” have prevented charges being laid in hundreds of abuse cases over the past three years.

In a discussion paper released on Thursday, the Queensland Law Reform Commission warned the state’s so-called domestic discipline defence “raises issues about the ability for parents to discipline their children and the rights of children to be protected from all types of violence and abuse”.

While previous Queensland research found the defence was not often used in court proceedings, the commission asked the Queensland Police Service whether it was a barrier to prosecution.

The Queensland Law Reform Commission has identified hundreds of cases where assault charges were not laid against parents because of the ‘domestic discipline’ defence.

Police searched their database for “matters identified as child assaults occurring within the family, where charges were not laid because of the ‘domestic discipline’ defence” and found 571 cases between January 2021 and December 2024.

Of those cases, about 40 per cent involved allegations of common assault, with the remainder considered even more serious, despite the defence only applying to parents whose actions could be considered “reasonable” under the circumstances.

“We conducted structured interviews with police officers working in the Child Protection Investigation Unit, who have experience investigating reports about the use of physical force against children, to better understand police attitudes towards corporal punishment and how charging decisions are made,” the paper states.

“That research reinforces concerns from the data that domestic discipline may inappropriately act as a bar to prosecution. A significant issue for frontline police appears to be the lack of legislative guidance about what is ‘reasonable force’, and how to effectively distinguish between corporal punishment and physical abuse.”

Police told the commission of cases involving children who had been assaulted or choked – not only by parents but also teachers who are covered by the defence – and instances where protection orders prevented action being taken.

“Preliminary consultations reinforce concerns established by the police data that the defence may excuse unreasonable use of force,” the paper states.

“During police interviews, we were told of an example where a magistrate dismissed assault charges brought against a teacher involving use of a ‘choke hold’ against three primary school students. We are aware of one recent prosecution where a parent was acquitted of various assaults, including non-fatal strangulation, likely on the basis of domestic discipline.

“It is possible that outcomes like these contribute to police assessments of ‘reasonableness’ and use of the defence as a bar to prosecution in more serious cases.”

The commission found research suggesting corporal punishment was still commonly used against children, and associated with an increased risk of physical abuse, despite expert evidence it is ineffective and counterproductive.

A community attitudes survey conducted for the commission found people were only supportive of parents having a defence where minimal force is used to discipline a child.

“Focus group participants did not support the use of violence against children for discipline,” the paper states.

“Participants did not favour a criminal justice response in cases involving minimal force and instead suggested increased social support.”

Among police, there was support for “low-level” cases to be dealt with through education, but a need for criminal intervention when a parent has used an implement against a child or otherwise caused an injury.

Young people told a focus group they believed physical punishment was not an appropriate parenting technique, and “there are no circumstances in which a teacher should ever physically punish a child”.

The commission is seeking feedback on whether the defence should be appealed or amended to reduce its scope and clarify its application.

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.