Right: Controversial American parent and parenting author Lenore Skenazy, with her son. Skenazy's child-rearing methods have brought her praise from some, while others have denounced her as "the world's worst mother".
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Arguments against harsher penalties for parents who leave their children unattended
1. Penalties against parents and other protective actions are already sufficient
It has been claimed that the penalties that previously existed in Victoria applying to parents who left their children unattended were sufficient to discourage inappropriate parental behaviour. Leaving a child unattended could previously attract a fine of $2214 and a prison term of three months. While there are specific penalties and interventions relating to child neglect and, in worse case scenarios, the manslaughter charge can and has been applied.
Regarding the more severe cases of abuse and neglect where the public would expect intervention by child support authorities there has been a trend of increased reporting of suspected cases and an increased number of substantiated cases.
The total number of substantiations of notifications received across Australia increased between 2010-11 and 2011-12. There were 48,420 substantiations across Australia in 2011-12, which was a 19.7% increase on the number of substantiations recorded in the previous financial year. The 48,480 substantiations recorded during the financial year concerned 37,781 children.
Some children, who are found to have been harmed or at risk of harm from abuse and neglect, are removed from their homes by child protection authorities and placed in out-of-home care. Nationally, the number of children in out-of-home care has risen each year from 2000 to 2012. There were 39,621 children in out-of-home care on 30 June 2012, which equates to a rate of 7.7 per 1,000 Australian children.
In The Herald Sun, on August 9, 2014, James Campbell wrote, 'Obviously, it doesn't do to leave babies and very small children in the car on very hot or very cold days, but I think we already knew that, didn't we? And for those people who are stupid or forgetful enough to endanger their children, there has always been the offence of child neglect or in extreme cases, alas, manslaughter, that can be used to punish them.
In other words, there was not, as far as I can see anyway, any reason why the jail time for leaving a child unattended needs to be doubled and no evidence has been offered for the Napthine Government's claim that the increased penalties "better reflect community views about the significance of such offences and the degree of punishment or deterrence that ought to apply to them.'
2. Education is a better means of increasing awareness
It has been claimed that legislation alone is an inadequate means of shaping public behaviour, and that education must support it. It has further been claimed that in some cases education may be all that is necessary.
Daryl Higgins, deputy director of the Australian Institute of Family Studies, has claimed that in most areas of social policy, legislation needs to be matched with education.
Dr Higgins points to drinking as one policy that gets the balance right. Dr Higgins has stated, 'We don't just say the rule or law is that you can't serve alcohol to someone under 18. We provide education about the harms from drinking. We speak to young people in schools. We ban the promotion of alcohol at sporting events.'
Warren Cann, chief executive of the Parenting Research Centre, says while some major behavioural changes - such as using seatbelts in cars - are triggered by legislation, education campaigns are often more effective.
Mr Cann has stated, 'Think of SIDS. Putting kids on their backs is universal practice, and didn't need to be legislated.' Mr Cann has observed a similar preference for education in relation to sun smart behaviour. He has stated, 'We don't put parents in jail if their kids are caught on the beach without a sunhat.'
The President of Kidsafe Victoria, Erica Edmands, has stressed the importance of education and other support programs to modify parent behaviour.
Ms Edmands has stated, 'We will continue to work with the government around ongoing education and awareness programs to complement those new laws.
In particular to help new parents or new carers to try to give them tips and techniques to help them remember some of the things which can be very difficult, particularly when you're caring for young children.'
3. The new penalties are too broadly directed
It has been noted that the new legislation has been cast in too broad terms. It potentially penalises parents who leave mature early teenage children temporarily unattended, including allowing them to travel independently on public transport.
New South Wales legislation has been held up as an instance of laws which are more reasonable and enforceable, because they are clearer and more specific.
New South Wales provides guidelines to parents and says a child aged 10-12 years can be left for up to 12 hours but not between 10pm and 6am. They must have a back-up adult available and can look after one or two other smaller children.
Children aged 8-9 can be left for up to two hours as long as they are in safe circumstances and are capable of remaining so.
Children aged 5-7 can play within earshot of an adult for 15-60 minutes, and a preschooler for 5-15 minutes. These younger children can be asleep or playing quietly and capable of remaining where they are.
Toddlers and infants can be left momentarily but only when the child is asleep or in a safe place.
In an opinion piece published in The Australian on August 9, 2011, Natasha Bita stressed the need for clear definitions. Ms Bita stated, 'So what is a reasonable time to leave a child unsupervised? Five minutes, while you pay for petrol? Fifteen minutes, the length of a supermarket queue? What if you let your kids walk 20 minutes to school, or 400m down the road to buy a paper? Can you let them roam the neighbourhood with bellowed instructions to "be home before dark"? Carr-Gregg believes the law must be "very confusing" for parents. "We don't want parents leaving children overnight in cars at casinos but common sense suggests there needs to be leniency for children who are left for five minutes," he says. "The law is a blunt instrument."'
It has similarly been claimed that the proposed legislation does not make it plain the age at which children are considered old enough to no longer require direct supervision.
In The Herald Sun, on August 9, 2014, James Campbell wrote, 'But what, one wonders, is the definition of a child? According to one news report, the minister's spokeswoman wasn't entirely clear. At one point she seemed to think it was 16, which seems a bit old to me. At another she seemed to think it was 12, which still seems a bit old to me.'
4. There are disadvantages in over-protecting children
It has been claimed that passing legislation that discourages parents from allowing their children a reasonable degree of independence will hinder their development. Many social commentators and others are claiming that there is a risk of over-protecting children and parents need to use their judgment.
In an opinion piece published in The Wall Street Journal on November 22, 2011, Lenore Skenazy stated in reference to the United States, 'Ten is the new two. We live in a society that insists on infantilizing our children, treating them as helpless babies who can't do a thing safely or successfully without an adult hovering nearby.
Consider the schools around the country that no longer allow kids to be dropped off at the bus stop unless there's a guardian waiting to walk them home-even if home is two doors down.'
Erica Edmands, the president of Kidsafe Victoria, has stated, 'There is a balance between wrapping children up in cotton wool and allowing them the opportunities to fall over and pick themselves up again. Kids need to be able to do that.
If you know they are walking home with a friend and it is age appropriate then that's [a desirable] thing.'
In an opinion piece published in The Australian on August 9, 2011, Natasha Bita outlined the dangers of over-protectiveness and suggested that excessive legislation around the constant supervision of children could either confuse parents or lead them into mollycoddling their children.
Bita stated, 'Parents hovering over their cottonwool kids are being blamed for raising what child psychologist Michael Carr-Gregg describes as a "marshmallow generation". "It's the wussification of a nation," he scoffs. "We're worshipping at the altar of occupational health and safety, and children are growing up in the shadow of lawyers. We need to fight back." But when the law dictates that no child shall be left alone, and do-gooders seem happier to dob in than help out, who can blame parents for hyper-vigilance? Or for becoming utterly confused over what the law says they can - and cannot - do?'
5. The new laws do not recognise that children differ
It has been claimed that the new laws do not recognise that children mature at different rates and that there are children under 16 who are capable of self-regulation for significant periods of time.
In 2006, the United States Department of Health and Human Services Office on Child Abuse and Neglect issued 'Child Abuse: a Guide for Prevention, Assessment and Intervention'. The guide states, 'What is considered neglect varies based on the age and the developmental level of the child, making it difficult to outline a set of behaviours that are always considered neglect.'
Kirsten Anderson, from the Children's Legal Centre, a national charity promoting children's rights in the United Kingdom has stated, 'It's difficult to apply one standard to children of different maturity levels.'
Professor Susan Sawyer, the director for adolescent health at Melbourne's Royal Children's Hospital, has stated, 'We can talk about the average ages that kids might do particular things but there are adolescents who are going to handle more responsibility at a certain age than others. This is a space where a one-sized-fits-all approach is not helpful. We need to support parents in that tricky balance. My personal opinion is that legislation is not helpful.'