Home: Workers: Legal Information: Physical abuse
- What is child physical abuse?
- Physical indicators
- Behavioural indicators
- When does physical punishment become physical abuse?
What is child physical abuse?
Child physical abuse refers to a situation in which a child suffers, or is likely to suffer, significant harm from an injury inflicted by the child's parent or caregiver. The injury may be inflicted intentionally or may be the inadvertent result of physical punishment or physically aggressive treatment of a child.
Behaviour by a parent or caregiver which may cause significant harm to a child, and is therefore physical abuse, includes;
- hitting;
- biting;
- shaking;
- punching;
- burning;
- administering poison;
- suffocating; and
- drowning.
Physical abuse may lead to bruises, cuts, welts, burns, fractures, internal injuries, or poisoning. In the most extreme cases, physical abuse results in the death of a child.
There are grounds for statutory intervention, under the Children and Young Persons Act (CYPA) 1989, when a child has suffered, or is likely to suffer, significant harm as a result of physical abuse and the child's parents or caregivers have failed to protect the child, or are unlikely to protect the child, from harm of that type.
Physical abuse of children is usually regarded as a criminal offence.
Note: While this booklet is concerned with physical injury which results from abuse, physical injury and significant harm may also result from neglect by a parent or caregiver. The failure of a parent or caregiver to ensure the safety of a child may expose the child to dangerous or even life threatening situations which result in physical injury to the child.
Physical indicators
If you observe signs of physical injury on a child you need to consider several factors before you decide whether or not they indicate possible physical abuse. The following physical indicators should raise concern:
- The location, nature or extent of the injury do not fit with the explanation given.
- The child's age or developmental stage is not consistent with the type of injury. The severity or type of the injury itself is of concern.
Physical indicators include the following:
- Bruises and welts. These may appear on the face, back, bottom, genitals and arms. Bruises or welts in unusual configurations may pattern the instrument used to inflict them, for example: hand or fingerprints or the linear marks of a cane. Clusters bruises and bruises of various colours may indicate repeated abuse, although it is difficult to date a bruise according to its colour. Bruising on babies and young children is of significant concern.
- Fractures. Any fracture in a child under the age of two years is a serious concern. Fractures are not often detected without x-ray, although the child may have a swollen joint and appear to be in pain or irritable.
- Burns and Scalds. These may show the shapes of the item used to inflict them. For example, iron, grill, cigarette burns. Other types of burns include boiling water, oil or flame burns.
- Abdominal injuries. Torn liver or spleen or ruptured intestines may be present without any outward signs of bruising on the abdominal wall. The signs are pain, vomiting, restlessness and fever.
- Head or brain injuries. There may be no outward signs that these injuries are present. They are usually observed by health professionals and include subdural haematoma and other brain injuries which may lead to permanent brain damage; eye damage caused by shaking; and absence of hair, which may indicate that hair has been pulled out.
- Lacerations and abrasions to the head, face and mouth. The shape may indicate the implement used, for example, fingernail scratches leave parallel linear marks.
- Human bite marks.
- Multiple injuries. These may be both old and new.
- A history of repeated injuries.
- Any injury to a very young baby.
Important: When a protective worker from the Department of Human Services investigates a case of alleged physical abuse and any of the above physical indicators are present, they will arrange a medical examination by a forensic physician or specialist medical practitioner.
Behavioural indicators
Sometimes a child's behaviour can be an indication that something is wrong. Behavioural indicators must be interpreted with regard to the individual child's level of functioning and developmental stage. The following are some of the behavioural indicators which may suggest possible physical abuse:
- The child is unusually wary of physical contact with adults.
- The child seems to be unduly frightened of a parent or another adult.
- The child does not show emotion when hurt.
- The child offers unlikely, implausible explanations of injuries.
- The child is habitually absent from school without an explanation - the parent/caregiver may be keeping the child at home until physical evidence of abuse has disappeared.
- The child wears inappropriate long sleeved clothing on hot days (to hide bruising or other injuries).
- The child may be overly compliant, shy, withdrawn, passive and uncommunicative.
- The child may be hyperactive, aggressive, disruptive and destructive towards themself and others.
- The child displays regressed behaviour, such as bedwetting or soiling.
Other behavioural indicators, which may be more common to adolescents than younger children, include:
- running away;
- criminal behaviour;
- drug abuse; and
- acting out behaviour.
The adolescent may appear as if they completely reject or lack trust in the world.
Parents may try to deny or conceal physical abuse. For example, they may:
- accuse the child or adolescent of lying about the abuse;
- provide an explanation for the injury which is unbelievable, inadequate, or illogical. For example, the parent may say 'He bruises easily', 'Her brother hits her all the time and causes bruising', 'He is so clumsy and prone to accidents';
- change their explanation for the injury over time;
- appear unconcerned about the child's condition;
- delay seeking medical assistance;
- attempt to conceal the child's injury;
- take the child to several different doctors and hospitals, or to out of region services for treatment; or
- fail to attend school or health centre appointments.
When does physical punishment become physical abuse?
In Australia the level of punishment which can be inflicted on a child is subject to legal regulation.
Physical punishment of children for the purpose of discipline, by parents or caregivers, is permitted by law provided it falls within the bounds of 'reasonable chastisement', is seen as moderate and is administered for the purpose of correcting behaviour. 'Reasonable chastisement' is a term which is difficult to define precisely. 'Reasonableness' is a flexible concept which involves taking all relevant factors into account. Whether chastisement is reasonable, according to the law will depend on:
- age of the child;
- stature of the child;
- health and intellectual capacity of the child;
- method of and reason for, inflicting the punishment; and
- the harm caused to the child.
Child physical abuse is often the inadvertent result of physical punishment administered by an angry frustrated parent. Sometimes, however, physical discipline is intended to harm the child.
Physical punishment which results, intentionally or unintentionally, in injury or tissue damage to the child or young person is physical abuse and may become the grounds for a charge of assault as well as the grounds for protective intervention by Protective Services.
The fact that our society is now concerned with the problem of child abuse does not mean that parents have suddenly taken to beating their children, but that our tolerance to child maltreatment has declined, and we are now appalled by acts to which our ancestors would have been indifferent. It is part of a growing human awareness that the human rights, dignity and integrity of every man, woman and child should be protected.
For more information on this, see the Families and Friends Section.








