Question - Domestic and family violence

Question

Number
373
Subject
Domestic and family violence
(Reasonable chastisement)
Asked by
Emerson, Thomas
Directed to
Minister for the Prevention of Family and Domestic Violence
Question asked on
30 April 2025
Answer due on
08 June 2025
Question asked
  1. How many times over the last five years has the common law defence of lawful chastisement (including alternative names for the defence such as lawful correction) been used successfully in the ACT as a defence to bar prosecution in cases involving serious allegations of violence (e.g. assault, assault occasioning bodily harm, assault occasioning grievous bodily harm).
  2. How many children in the ACT have allegedly experienced serious offences (e.g. assault, assault occasioning bodily harm, assault occasioning grievous bodily harm) where the defendant was not prosecuted due to the application of this defence.
  3. Has the Government commenced, or does the Government have any plans to commence, legislative reforms to ensure lawful chastisement is not available as a defence when children have been assaulted.