It is important to note that the child described being slapped across the face on multiple occasions.

In NSW, being struck in the head may be an offence under 61AA of the Crimes Act (NSW).

Section 61AA(1) In criminal proceedings brought against a person arising out of the application of physical force to a child, it is a defence that the force was applied for the purpose of the punishment of the child, but only if– (a) the physical force was applied by the parent of the child or by a person acting for a parent of the child, and (b) the application of that physical force was reasonable having regard to the age, health, maturity or other characteristics of the child, the nature of the alleged misbehaviour or other circumstances. However, the issue of “what is reasonable” states in s61AA(2) (2) The application of physical force, unless that force could reasonably be considered trivial or negligible in all the circumstances, is not reasonable if the force is applied— (a) to any part of the head or neck of the child.

In Geary & Maddigan & Anor [2016], In this case, the Family Court noted that “although community standards may now deem punishment in that form to be obsolete, it is still not necessarily “abuse” as defined in section 4 of the Family Law Act 1975. It is only abusive if it is disproportionate to the misbehaviour sought to be corrected”. Although “force applied to any part of the head or neck of a child or to any other part of the body that results in bruising, marking or other injury lasting longer than a “short period” is unreasonable”.