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Lawful Correction is a complete defence to a criminal charge which means it leads to a verdict of ‘not guilty’.
The defence is contained in Section 61AA of the Crimes Act 1900 which states that you are not criminally responsible for an offence arising from applying physical force to a child if:
A ‘child’ is a person under the age of 18 years.
A person ‘acting for a parent’ is:
In the case of Indigenous persons, a person acting for a parent includes a person recognised by the Indigenous community as having special responsibilities towards the child.
The factors relevant for determining whether the force was ‘reasonable’ are:
Physical force that is more than trivial or negligible is not reasonable where applied to:
The harm is likely to last more than a short period of time.
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