Download Fragment

Tuesday, 8 May 2012
Page: 2852

School Education, Early Childhood and Youth

(Question No. 1697)

Senator Bob Brown asked the Minister representing the Minister for School Education, Early Childhood and Youth, upon notice, on 14 March 2012:

With reference to the answer to question on notice no. 1096 (Senate Hansard, 7 February 2012, proof p. 176), relating to corporal punishment in non-state schools:

(1) Can an explanation be provided regarding the situation of corporal punishment in non-state schools in Queensland?

(2) What is the Commonwealth Government's understanding of Section 280 of the Queensland Criminal Code Act 1899, in relation to the use of corporal punishment in non-state schools?

Senator Kim Carr: The Minister for School Education, Early Childhood and Youth has provided the following answers to the honourable senator's question:

(1) Response from the Office of Non-State Education, Department of Education and Training, Queensland:

“Although Queensland state schools are prohibited from using corporal punishment, this policy is not enforceable in non-state schools. Behaviour management policies in non-state schools are an internal governance matter for each school. The decision to use corporal punishment is made by each school's governing body, and therefore is a matter for each school to determine. Section 280 of the Criminal Code Act 1899 provides that 'It is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person's care such force as is reasonable under the circumstances.' However, even if a school permits the use of corporal punishment, if the force used is unreasonable in the circumstances the staff member will not be protected by the Criminal Code. Only a very small number of non state schools in Queensland incorporate corporal punishment into their student behaviour management policies.”

Response from Independent Schools Queensland

“There is no legislation in Queensland which bans corporal punishment in non-state schools.

Independent Schools Queensland is the representative body of 183 independent schools in Queensland; however, each independent school governing body is responsible for its policies and operations. Whilst section 280 of the Criminal Code Act 1899 Queensland is relevant, it is not a generally accepted means of behaviour management and has not been for many years. Further, Independent Schools Queensland's advisory behaviour management policies and processes templates do not include corporal punishment as a strategy. Our legislatively mandated Student Protection processes support this approach and require that inappropriate behaviour, suspected harm and harm to students be reported to the school, and in certain cases, the relevant state authority.”

Response from the Queensland Catholic Education Commission

The Queensland Catholic Education Commission on behalf of the 22 Catholic school authorities representing 292 Catholic school communities educating 138 000 students, advises that:

“Corporal punishment in Catholic schools in Queensland, albeit permissible pursuant to s280 Criminal Code Act 1899 Qld, has not been accepted as a means of behaviour management for approximately 15 years. Further, Catholic School Authorities' behaviour management policies and processes do not include corporal punishment as a strategy. Our legislatively mandated Student Protection processes support this approach and require inappropriate behaviour, suspected harm and harm to students to be reported to the school, and in certain cases, the relevant state authority.”

(2) It is inappropriate for the Commonwealth Government to provide interpretation of state legislation.

Section 280 of the Criminal Code Act 1899 (Qld) provides that it is lawful for a schoolteacher or master (or parent or person in the place of a parent) to use by way of correction, discipline, management or control, towards a child or pupil under the person's care “such force as is reasonable in the circumstances.”

The Commonwealth Government does not endorse corporal punishment as an approach to disciplining school students.