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CORPORAL PUNISHMENT

Joe Gorman and James Gorman, Solicitors, Gorman & Hannan

A parent or guardian has the right to administer reasonable corporal punishment. It cannot be without a just cause or excuse and must not be excessive. In determining what is reasonable, consideration must be given to the age, physique and mentality of the child as well as to the means or instrument used (R v Terry (1955) VR 114).

While the child is at school, teachers have the same rights as parents; they are considered to be standing in place of the parent (in loco parentis). This is subject to the restrictions set out in "Rights and duties at school", below.

CORPORAL PUNISHMENT :: Last updated: Thu Jul 1st 2010