Could you face fines for disciplining your child? New law targets parents

The methods employed in guiding children’s behaviour have long been discussed within Australian families. 

However, a potential legislative shift concerning a historically accepted practice may have significant implications for parents and caregivers in the state. This development warrants careful attention from those involved in raising children.

For generations, the question of how best to discipline children has sparked heated debate in Australian households. 

But now, parents in Queensland may soon find themselves on the wrong side of the law for a practice that was once considered commonplace: smacking.

The Queensland Law Reform Commission (QLRC) is currently reviewing the state’s criminal code, with a particular focus on the legal defence that allows parents, carers, and teachers to use ‘reasonable’ physical discipline. 

This review could lead to a landmark change: the removal or significant limitation of this defence, effectively outlawing corporal punishment in the home.

If the proposed changes go ahead, Queensland would join a growing list of countries and jurisdictions worldwide that have banned smacking, granting children the same legal protection from assault as adults. 

Under the new laws, any form of punishment that causes injury, such as striking with a wooden spoon or belt, would be prohibited. The use of any force on a child’s head, face, or neck would also be strictly banned.

Why now? The push for reform

This review comes amid mounting evidence from health and welfare experts that smacking does more harm than good. 

More than 100 organisations, including the Daniel Morcombe Foundation and Bravehearts, have welcomed the review, citing decades of research linking physical punishment to adverse outcomes for children.

Dr Justin Coulson, a parenting expert, father of six, and host of Australia’s most downloaded parenting podcast, Happy Families, is among the strongest advocates for change. 

‘We have over 60 years of evidence showing that smacking is unhelpful,’ Dr Coulson says. ‘It does not benefit children and is best avoided.’

He explains that smacking operates on a ‘dose-response’ model: the more often children are smacked, the worse the outcomes tend to be. 

These can include increased aggression, poorer mental health, and strained parent-child relationships.

A divisive debate: Tradition vs. Progress

Not everyone is on board with the proposed changes. Social commentator Prue MacSween argues that the move represents unnecessary government intrusion into family life. 

‘No one condones extreme discipline that will harm a child,’ she says. ‘But I came from a generation that got a smack on the backside when I deserved it and it hasn’t caused long-term mental angst for me.’

MacSween and others worry that removing parents’ ability to discipline their children physically will lead to a generation lacking boundaries and respect. 

‘Parents are being sidelined by these bloody intrusive do-gooders,’ she says, expressing a sentiment shared by some who feel traditional discipline is being unfairly demonised.

On the other hand, supporters of the reform, such as Sunrise co-host Natalie Barr, point out that just because something was familiar in the past doesn’t mean it’s right for today. 

‘We were hit as kids and turned out fine,’ Barr says, ‘but those arguments don’t really hold up anymore. We didn’t have seatbelts either.’

What does the research say?

The evidence against smacking is compelling. Studies have shown that physical punishment is linked to increased aggression, antisocial behaviour, and mental health issues in children. 

It can also damage the parent-child relationship and make children less likely to confide in their parents.

Dr Coulson notes that around 67 countries have already introduced legislation banning smacking. 

‘These nations have acknowledged the harm it causes—to relationships, academic performance, and mental health—and decided to take action,’ he says.

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Discipline vs. Punishment: What’s the difference?

One of the key misunderstandings in this debate is the difference between discipline and punishment. 

Discipline is about teaching and guiding children, while punishment is about imposing a penalty for wrongdoing. Dr Coulson advises parents to avoid reacting in the heat of the moment. 

‘First, you diffuse the situation. Then, when everyone is calm, you can address the issue constructively.’

There are many effective, non-physical ways to discipline children, such as time-outs, loss of privileges, and positive reinforcement. 

These methods not only avoid the risks associated with smacking but also help children learn self-control and responsibility.

What happens next?

The QLRC is expected to deliver its recommendations on the legislation later this year. If the changes go ahead, Queensland parents could face criminal charges for smacking their children, bringing the state in line with international best practice.

What does this mean for you?

If you’re a parent or grandparent in Queensland, now is a good time to reflect on your approach to discipline. 

While the law is still being reviewed, the trend is clear: physical punishment is becoming less popular, both legally and socially.

If you’re unsure how to manage challenging behaviour without smacking, plenty of resources are available. Parenting courses, books, and online forums can offer practical advice and support.

Further reading and support

Raising Children Network: Discipline strategies for children
Parentline Queensland
Bravehearts

Remember, every family is different, and parenting is never easy. But as our understanding of child development grows, so does our responsibility to ensure all children are raised in safe, supportive environments.

Join the conversation

What do you think about the proposed changes to Queensland’s laws on smacking? Did you grow up in a household where smacking was the norm? Have your views changed over time? We’d love to hear your thoughts and experiences—share them in the comments below.

Also read: One in four adults says smacking is necessary to ‘properly raise’ kids

Don Turrobia
Don Turrobia
Don is a travel writer and digital nomad who shares his expertise in travel and tech. When he is not typing away on his laptop, he is enjoying the beach or exploring the outdoors.

3 COMMENTS

  1. Smacking has been in decline for a long time and during that time youth crime and other forms of childhood bad behaviour has increased. Not hard to see the correlation which those so called experts can not.
    I have raised nine children and they were all different experiences. They ranged from kids who were calm and co-operative by nature to ones who were disagreeable and often ready for a fight. This gap was there even among siblings.
    So the point I want to make is what works with one child for behaviour management will not work with another child.
    Therefore parents and carers need all necessary measures open to them if they are going to successfully raise a child and that includes using reasonable force if and when required.
    These researchers and their data is clearly not inclusive of every real world situation and there are times when their suggested methods simply have no effect.
    I hope the government does not fall into the trap of passing this legislation.

  2. I totally agree with David Ryder. There is a big difference between discipline and abuse. All children are different and what works with one child doesn’t work with another. Society has to stop interfering in parental rights to bring up there own children. I have lived long enough to see the results of the permissive society where children are concerned. Modern children often have absolutely no respect for their parents, elders, or society in general because they are growing up thinking that no one should say “no” to them. What’s next? No punishment through the courts? People allowed to steal cars, break and enter, physically attack others with no punishment because it will do “more harm than good” in the long run? I am sick and tired of hearing, “They are only children” at 13, 14, 15 year olds who are out on the streets running amok. I was working full time at age 13 teaching a class of 5 year olds who were in Grade 1. I was working and having to act like an adult. Stop making excuses for bad behaviour.

  3. Very well thought and fleshed out answers, David and Jan! Thanks for sharing! While I do think more ‘physical’ discipline shouldn’t be the default, I’m also against its total phase-out.

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