Released by: Rob Pope, Deputy Commissioner, Operations
23 June 2008
Background
On 22 June 2007, the Amendment came into force. Following the commencement, Police agreed to undertake a three month review (23 June to 28 September 2007) of the impact of the Amendment on Police activity. A summary of the three month review findings was released on 20 December 2007. This review found:
- There was very minor impact on Police activity over this period, and
- There were three "smacking" events and 12 "minor acts of physical discipline" events, all of these were determined to be inconsequential and therefore not in the public interest to prosecute, as per the Commissioner's Circular: 2007/03, Crimes (Substituted section 59) Amendment Act 2007 (Commissioner's Circular).
Police noted that six monthly reviews, leading up to the two year review, would serve as an effective risk management tool and enable Police to proactively respond to issues that may arise. This review is the second of four reviews that will be undertaken in the 24 month period following commencement of the Amendment. The methodology used in the initial three month review will be replicated for all future reviews.
Methodology
This review has employed the same methodology as the previous review. This entailed reviewing all Police statistics to identify "smacking", "minor acts of physical discipline" and other assaults. Also reviewed were prosecution files involving child assault cases. Internal consultation included dialogue with Police Child Abuse Teams and Family Violence coordinators to determine the impact of activity on them.
Discussion
The period following the enactment of the Amendment has been "business as usual" for Police.
The current review period of 29 September 2007 to 4 April 2008 has shown a slight increase in the total volume of 'child assault' events Police have attended: (288), compared with the initial three month review period (111). This is to be expected due to the current review period being six months in comparison to the initial three month review period.
As Graph 1 below shows, events of "minor acts of physical discipline" have increased over the review period. The initial three month review volume was 12 events, while in comparison the six and nine month post enactment periods are 32 and 37 events respectively.
Graph 1
The initial three month review showed no change in the volume of "smacking" events reported to Police. The current six month review period showed an initial increase in "smacking" events, however, the volume of events has since decreased to a level that reflects pre-commencement.
The current review period resulted in no prosecutions for "smacking" events. This reflects the initial three month post enactment period, where no prosecutions occurred.
There were a total of four prosecutions for "minor acts of physical discipline" during the current review periods. This differs from the initial review, where no "minor acts of physical discipline" were prosecuted.
The current review period volume of 13 child assault events involving "smacking" and 65 of the total 69 "minor acts of physical discipline" events were determined to be "inconsequential" by either the attending and/or investigating Police Officer, and therefore not in the public interest to prosecute.
Explanations for increases in the volumes of reporting to Police of these events may have been driven by one or more of the following:
- Seasonal variation; or
- Random variation from year to year; or
- Changes in reporting driven by a number of factors (such as the effect of media coverage of child murders, children self-reporting because of awareness of the Amendment, social marketing campaigns such as the Campaign for Action on Family Violence, or changes in Police recording practice); or
- Changes in the "threshold" defining what is acceptable discipline
Resolution outcomes
All 13 child assault events involving "smacking" and 65 of the 69 "minor acts of physical discipline" events against children, resulted in a warning or no further Police action.
Of the 69 "minor acts of physical discipline" events against children four were prosecuted as follows:
- Two were charged with Assault Child (manually)
- Two were charged with Common Assault
These prosecutions were spread nationally and not concentrated in any one district.
To date resolutions for the above four prosecutions are as follows:
- One withdrawn due to completion of the Police Adult Diversion scheme
- Three remanded on bail to appear late June/early July
Commissioner's Circular
As with the previous review, all Police Districts, including the Child Abuse Investigators, were surveyed to seek anecdotal feedback on practice issues and the usability of the Commissioner's Circular. All of the feedback from those who replied commented that they considered the Commissioner's Circular to be a 'common sense' and helpful guideline and consider no changes are required at this point.
Police are confident that the same 'common sense' approach is being taken to these events as has always been taken, with Officers using their discretion to ensure the appropriate action is taken.
Rob Pope Deputy Commissioner, Operations
