In early January 2023, news broke online of a celebrity child abuse scandal — the alleged abuse case involving a certain star. It was reported that while she was caring for the children, they sustained nose injuries, abrasions and other injuries, and the children’s father reported the matter and sued for abuse. Regardless of the truth, child abuse itself is an extremely serious issue.

If child abuse occurs in Australia, the consequences are very serious and can even result in deportation.

Australia has comprehensive legal protections for children’s rights. Although the rules differ slightly from state to state, any suspected child abuse must be reported to the government’s child protection services.

This article will therefore focus on child abuse in Australia and Australian child protection laws, with the aim of providing guidance to parents living in Australia.

Child abuse takes several different forms: neglect, sexual abuse, emotional abuse and physical abuse.

Child Neglect —

Child neglect refers to the failure to provide a child’s basic needs. In other words, it is when a parent or carer fails to regularly provide a child with the basic needs required for their growth and development, such as food, clothing, shelter, medical and dental care, education, affection, appropriate supervision and adequate care.

Neglect is generally divided into: physical neglect, emotional neglect, educational neglect, and medical neglect.

Physical neglect: when a parent or carer fails to provide a child with adequate food, clothing, shelter, supervision and safety.

Emotional neglect: when a parent or carer fails to provide a child with affection, love or other emotional support. The child may be ignored by the parent — for example, prevented from interacting with other children or adults.

Medical neglect: when a parent or carer fails to provide appropriate care for a child, for example where a child is physically or mentally injured or has a mental disability, but the parent or carer does not provide the necessary treatment.

Educational neglect: when a parent or carer does not allow a child to attend school, or fails to ensure that the child is educated in a regular setting, such as a public or private school, or at home.

It should be noted that neglect differs from abuse. Generally, parents and carers who neglect a child do not intend to deliberately harm the child.

Child Sexual Abuse —

Child sexual abuse occurs when a person uses their power over, or trust of, a child or young person to involve them in sexual activity. Children or young people are often physically and psychologically lured or threatened in order to force them to participate. Sexual abuse is a criminal offence.

Child Emotional Abuse or Psychological Harm —

Serious emotional abuse or psychological harm includes behaviour by a parent or carer that damages a child or young person’s confidence and self-esteem, causing serious emotional disturbance or psychological trauma — such as excessive criticism, emotional suppression, exposure to family violence, or intimidating or threatening behaviour.

Child Physical Abuse —

Physical abuse is any non-accidental or intentional injury inflicted on a child or young person by a parent, carer or any other person. This includes but is not limited to excessive discipline, severe beating or shaking, cigarette burns, attempted strangulation, or circumcision (female genital cutting practices in some regions).

Physical injuries include bruises, lacerations or scars, burns, fractures or joint dislocations. In NSW, any unreasonable corporal punishment of a child is a criminal offence. For example, striking a child or young person on the head or neck, or using a stick, belt or other object to discipline or punish a child or young person — even what parents regard as “everyday discipline” — may be considered a criminal offence.

Australian child abuse case:

In 2019, a news story drew the attention of many Chinese parents. A mother living in Queensland whipped her 8-year-old daughter with a belt because the girl had not done her homework properly. The mother herself did not think it was a problem and believed “this is normal in China”. Australia’s child protection agency became involved. Defence lawyer Matthew Fairclough said the 8-year-old daughter claimed she had been abused, and the mother subsequently pleaded guilty in court, stating that the use of the belt had caused physical harm to the child.

The mother was subsequently sentenced to a nine-month suspended prison sentence.

In February 2019, the Department of Home Affairs introduced new rules targeting family violence. Under the new rules, any foreign national involved in family violence will have their permanent residency cancelled. In other words, all foreign nationals in Australia, including PR holders, may be deported and permanently banned from entering Australia if they commit family violence or abuse against women or children.

In addition, Australia’s protection of children extends to many other areas, for example:

In Australia, children aged 6 to 17 must attend school —

In secondary school, if a child has more than five days of unexplained absence in a year, the principal must investigate. If parents choose to educate the child at home, they must apply for permission and regularly provide progress reports to the Department of Education.

Children may not undertake paid work before they turn 15 —

Australian law sets the age at which children may work at 15. Between the ages of 15 and 18, during school term, children may not work more than 3 hours per day or 12 hours per week. During school holidays, they may not work more than 6 hours per day or 30 hours per week.

Final Thoughts

“Spare the rod, spoil the child” is a traditional notion in China, and younger generations have gradually moved away from it. In Australia, the culture and traditions are different, so parents need to be especially mindful. Australia has very comprehensive laws protecting vulnerable groups, particularly children. For new migrants, settling in Australia requires an understanding of local laws — do not carry over outdated ideas and inadvertently break the local law. If you are already a parent in Australia, when educating and guiding your children, be mindful of their mental and physical wellbeing. Do not neglect your children, and do not use physical force against them in a fit of anger. If you notice a similar situation around you — for example, signs of child abuse at a neighbour’s home — you can contact your local police to report it. If you believe you have been abused or treated unfairly, you should consult a lawyer immediately to protect your legal rights.

Our firm, NS Legal, has experienced family law solicitors with extensive expertise in handling child abuse cases. If you have any questions about child abuse, please feel free to contact us.