New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019 - SECT 41

41 Conduct that is not reportable conduct

Reportable conduct does not include--

(a) conduct that is reasonable for the purposes of discipline, management or care of a child, having regard to--

(i) the age, maturity, health or other characteristics of the child, and

(ii) any relevant code of conduct or professional standard, or

(b) the use of physical force if--

(i) in all the circumstances, the physical force is trivial or negligible, and

(ii) the circumstances in which it was used have been investigated and the result of the investigation has been recorded in accordance with appropriate procedures, or

(c) conduct of a class or kind exempted from being reportable conduct by the Children's Guardian under section 30.

Example of conduct for paragraph (a)--: a school teacher raising his or her voice in order to attract attention or restore order in a classroom

Examples of conduct for paragraph (b)--:

1 touching a child in order to attract the child's attention

2 momentarily restraining a child to prevent the child hurting themselves or others

3 touching a child to guide or comfort the child