Legislative Council: Thursday, March 24, 2016

Contents

Child Discipline

The Hon. D.G.E. HOOD (14:37): I seek leave to make a brief explanation before asking the minister representing the Attorney-General a question regarding the physical discipline of children.

Leave granted.

The Hon. D.G.E. HOOD: Earlier this week, the Supreme Court quashed a conviction of aggravated assault imposed on a parent for disciplining, or in layman's terms smacking, their child. This is an outcome that Family First has been on the record as supporting for some time. The Supreme Court stated:

It is very important that parental conduct which is not considered unreasonable in the Australian community should not be stigmatised as criminal offending in a criminal court.

My question is simply: what is their view of the court's decision on behalf of the government?

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (14:38): I thank the honourable member for his important question. Let me just say at the outset that this has been a widely commented on decision by the Supreme Court because it is of substantial public interest. Obviously, the appropriate person to respond to this question is the Attorney-General as the chief law spokesperson on behalf of the government. I am more than happy to seek the government's official response to the honourable member's question and come back to him in due course.