The Queensland Government has been accused of breaching several international treaties on the rights children for refusing to amend corporal punishment laws.

In Queensland non-government schools it is still legal for a school teacher or master to use reasonable force towards a child “by way of correction, discipline, management or control” (Section 280 of the Crimes Act 1899).

A former New South Wales M-P and teacher, Alan Corbett, has been behind the push to prohibit the practice across Australia.

“To know that in 2017, a state in Australia has not banned the corporal punishment of children is just reprehensible,” he told Hack.

Lawyers say it puts the Queensland Government in breach of the UN Convention on the Rights of the Child, the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT).

Professor Paula Gerber from the Castan Centre for Human Rights Law at Monash University says the fact corporal punishment is still on the books as permissible is appalling.

But that’s not to say the practice is happening in Queensland, it just means in theory a non-government school is at liberty to use it.

The Queensland Government said its Department of Education and Training does not have the authority to determine policy for the non-state education sector, but it said policies banning the practice in state schools have been in place since 1995.

So, what’s the point of banning corporal punishment in law?

Alan Corbett said policies are not enough, and the law as it stands leaves it open for corporal punishment to be reintroduced in religious or independent schools.

“Until such time they explicitly abolish the use of corporal punishment it’s open to [a] school to reintroduce it,” he said.

It was only in April 2016 the Christian Community Ministries Ltd (CCM) directed the 13 schools it owns across Australia to stop using corporal punishment.

Christian Schools Australia, the peak body for independent Christian Schools, said it was not aware of the practice being used in schools or of any plans to introduce it.

“Any change in the law which would prohibit the introduction of corporal punishment would not be an amendment we think would have any widespread opposition,” Executive Officer Mark Spencer said.

Queensland Catholic Education Commission, the peak body for Catholic schools in the state, said Catholic schools in Queensland do not, and have not for many years, employed corporal punishment as a means of discipline.

"Should any current or future Queensland Government want to amend the legislative position with regard to corporal punishment in non-government schools it is unlikely there would be opposition from Catholic School Authorities," Executive Director Dr Lee-Anne Perry said.

Mr Corbett has questioned why the Queensland government won’t rule out a “totally unprofessional and archaic” practice, and says it comes down to politics and religion.

“The main reason it hasn’t changed is one of political will…I think here is a real religious streak amongst some politicians in the Queensland parliament which would prevent them from doing something [about it] because of fear of backlash they would get from some of their constituents,” he said.

He said his most recent letter to the Queensland Government in January 2017 has gone unanswered, as have his letters to One Nation Leader Pauline Hanson and Queensland Senator Malcolm Roberts.

Queensland urged to follow the lead of South Australia

The Castan Centre for Human Rights Law wrote to the South Australian Government in November 2016 - the only other place in Australia besides Queensland that still sanctions corporal punishment.

It responded with a Draft Bill in January 2017 to explicitly prohibit the practice.

Queensland has not followed suit.

“I’d like to see Queensland follow the example of South Australia and draft legislation which very simply says any school in Queensland is not to use corporal punishment, it’s a very simple thing to do,” Mr Corbett said.

However, there doesn’t appear to be any willingness from the Queensland Government to change the laws.

A spokesperson for the Education Minister, Kate Jones, said in a statement to Hack the Government only determines behaviour management policy for state schools.

"Our schools should be safe and supportive learning environments for every student.

“Queensland state schools have not used corporal punishment to manage student behaviour since 1995. The Palaszczuk Government has no plans to change that policy.

Behaviour management policies for the non-state sector are determined by the relevant authorities – i.e. Queensland Catholic Education Commission and the Independent Schools Queensland.”

More than 20 years ago, New South Wales was the first jurisdiction in Australia to pass legislation ending the use of corporal punishment in both government and non-government schools.

