Going to Court? Book Your Free First Appointment

Saved Pages

Save pages and articles you’re most interested in to read later on.

We Are Open Throughout The Holiday Season

Section 61AA Crimes Act 1900
Defence of Lawful Correction

Section 61AA of the Crimes Act 1900 is Defence of Lawful Correction and is extracted below.

For expert advice and outstanding representation from Australia’s Most Awarded Criminal Defence Firm, call Sydney Criminal Lawyers® today on (02) 9261 8881 and let our experienced defence team help you.

The Legislation

Section 61AA of the Crimes Act 1900 deals with the offence of ‘Defence of Lawful Correction‘ and reads as follows:

61AA Defence of Lawful Correction

(1) In criminal proceedings brought against a person arising out of the application of physical force to a child, it is a defence that the force was applied for the purpose of the punishment of the child, but only if:

(a) the physical force was applied by the parent of the child or by a person acting for a parent of the child, and

(b) the application of that physical force was reasonable having regard to the age, health, maturity or other characteristics of the child, the nature of the alleged misbehaviour or other circumstances.

(2) The application of physical force, unless that force could reasonably be considered trivial or negligible in all the circumstances, is not reasonable if the force is applied:

(a) to any part of the head or neck of the child, or

(b) to any other part of the body of the child in such a way as to be likely to cause harm to the child that lasts for more than a short period.

(3) Subsection (2) does not limit the circumstances in which the application of physical force is not reasonable.

(4) This section does not derogate from or affect any defence at common law (other than to modify the defence of lawful correction).

(5) Nothing in this section alters the common law concerning the management, control or restraint of a child by means of physical contact or force for purposes other than punishment.

(6) In this section:

“child” means a person under 18 years of age.

“parent” of a child means a person having all the duties, powers, responsibilities and authority in respect of the child which, by law, parents have in relation to their children.

“person acting for a parent” of a child means a person:

(a) who:

(i) is a step-parent of the child, a de facto partner of a parent of the child, a relative (by blood or marriage) of a parent of the child or a person to whom the parent has entrusted the care and management of the child, and

(ii) is authorised by a parent of the child to use physical force to punish the child, or

(b) who, in the case of a child who is an Aboriginal or Torres Strait Islander (within the meaning of the Children and Young Persons (Care and Protection) Act 1998 ), is recognised by the Aboriginal or Torres Strait Islander community to which the child belongs as being an appropriate person to exercise special responsibilities in relation to the child.

Note : “De facto partner” is defined in section 21C of the Interpretation Act 1987 .

(7) This section does not apply to proceedings arising out of an application of physical force to a child if the application of that force occurred before the commencement of this section.

(8) The Attorney General is to review this section to determine whether its provisions continue to be appropriate for securing the policy objectives of the section. The review is to be undertaken as soon as possible after the period of 3 years from the commencement of this section. A report on the outcome of the review is to be tabled in each House of Parliament within 6 months after the end of the period of 3 years.

Why Sydney Criminal Lawyers®?

Being charged with defence of lawful correction can have a detrimental impact on your life, career and your professional reputation.

But by arming yourself with the best possible defence, you can avoid these potential consequences.

At Sydney Criminal Lawyers®, our lawyers are experts in the field of criminal and traffic law.

Our unparalleled knowledge of the law, coupled with years of experience fighting some of the most difficult criminal cases puts our clients at a leading advantage when it comes to securing a positive outcome in your case.

Our lawyers will carefully examine all the evidence in order to identify any possible weaknesses with the prosecution case.

Where problems are identified, our lawyers can write to police and push to have the charges dropped before your matter reaches a defended hearing.

Alternatively, if you wish to fight the charges in court, our senior lawyers will assist you in identifying and raising any possible defences.

Our experienced advocates will fight hard to win your case by presenting any favourable evidence in a compelling manner in court and casting doubt on the prosecution case.

We offer a FREE first conference with our lawyers to help you understand your options – so give us a call now on (02) 9261 8881 and take the first step in fighting your matter.

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages


Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)