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ARTICLE · 24 APRIL 2023

Can a teacher smack a student at school in NSW?

A NSW teacher was charged with common assault and assault occasioning actual bodily harm over a shove to a student.

AustraliaCriminal Law

A NSW teacher will be facing court for a second time after the dismissal of her charges for common assault and assault occasioning actual bodily harm over a shove to a student were overturned on appeal.

Here's what you need to know.

Further, here is more on lawful correction and whether it is illegal to smack your child.

THE CASE

The incident which led the charges occurred when primary school teacher Emma Tiller was teaching a Year 2 class including the complainant, who was seven years old at the time.

The complainant was known for being disruptive in class and Ms Tiller had spoken to the complainant's mother a day prior over her son's behaviour.

On 9 March 2021, towards the end of the school day, the complainant was in class and held a group of pattern blocks in front his pants which he faced towards another child's face.

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