Read The Times Australia

Daily Bulletin

here's what Australian law says about public nudity

  • Written by: Rick Sarre, Adjunct Professor of Law and Criminal Justice, University of South Australia
here's what Australian law says about public nudity

The warm days of summer are almost upon us. Nudity on some Australian beaches is inevitable. But exactly how much of our flesh can we bare, and when, and where?

It should surprise no-one that, when it comes to the law and naked bodies, context is everything. The man who strips off for the sauna at the gym without any repercussions could be subject to a fine of many thousands of dollars if, a few hours later, he were to streak across the MCG during the cricket. The woman who plays beach volleyball in her birthday suit at New South Wales’ oldest nudist stretch of sand, Lady Bay Beach, without legal consequences could be fined an hour later should she not put on some form of covering when walking back to her car.

Whether someone’s personal exposure attracts the attention of law enforcement depends upon what is deemed by officers to be an “obscene” act or “indecent” exposure. The words of the Office of Film and Literature Classification can be adopted usefully here. To determine whether something (or someone) is obscene or indecent, police must take into account the standards of morality, decency and propriety generally accepted by reasonable adults.

Read more: Explainer: the rise of naked tourism

While there are many prosecutions around the country each year for lewd behaviour generally (which would include “flashing” and indecent exposure), prosecutions for nakedness on its own are extremely rare. There is one famous exception, but we need to go back four decades to rural Western Australia to find it.

Peter Shaffer’s 1973 play Equus requires a male actor to appear naked on the stage for a short period. When it was staged in Geraldton in 1977, a woman in the front row complained to police. The Dutch actor Robert van Mackelenberg was arrested after a subsequent performance. He spent a few hours in the local lockup before being released on bail.

Upon his later prosecution for obscene behaviour, the magistrate posed the following question: Did the actor’s lack of modesty offend modern sensibilities by violating contemporary standards of decency? The magistrate quickly determined that the answer was “no” and the prosecution failed. Indeed, the court report mentions that the police officer investigating the matter and subsequently giving evidence “enjoyed the play and found it meaningful”.

Let’s look more closely at the issue of public undress on a beach during the summer.

The statutes governing the broad field of indecent exposure or lewd behaviour are scattered throughout the criminal law of all states and territories, typically in what are referred to as “summary offences” acts. “Summary” is a legal term that refers to the fact that they are less serious offences, heard in magistrates’ courts.

Police are given the responsibility of deciding, at their discretion, whether the circumstances of a person found in a state of undress amount to indecent or disorderly conduct, or involve an obscene or lewd act.

One finds these powers in, for example, the Victorian Summary Offences Act section 19, and the Northern Territory Summary Offences Act section 50. The latter employs a quaint turn of phrase, empowering the police to arrest anyone “who offends against decency by the exposure of his person in any street or public place”.

The use of the word “person” saved the legislators from having to use the word “penis” or “genitalia” which, presumably, offended the sensibilities of members of the Northern Territory legislative chamber at the time.

If a beach has been proclaimed as permitting unclad bathing, there will be a proviso in the legislation, for example as found in section 23A of the South Australian Summary Offences Act, enacted when then Premier Don Dunstan inaugurated nude bathing at Maslin’s Beach in 1975.

Read more: Friday essay: the naked truth on nudity

Here is my take on likely law enforcement scenarios for the coming summer: Will police move to arrest anyone who, on a public beach in Australia, removes her top before sunbaking face down? No. Will they ask her to cover up should she turn on her back? Only if someone on the beach complains. Will they arrest her? No. Will they move to intervene if a young man decides to do a naked streak through a children’s game of beach cricket on a crowded seashore on Australia Day? Yes. Will they arrest and lay charges? No. Will they provide a towel to him and offer the sage advice that he needs to alter his behaviour immediately? Yes.

Are we becoming more or less prudish in our beach conduct? Are we more or less prudish than beach-goers in international settings? I will leave those questions for the sociologists. I simply observe, from my considerable experience on Australian beaches over the past 50 years, that we do take our modesty seriously, and do not deliberately seek to offend those who may be more modest.

Finally, will discreet topless bathing continue through this summer on most Australian beaches without social and legal consequences? Most certainly.

Authors: Rick Sarre, Adjunct Professor of Law and Criminal Justice, University of South Australia

Read more http://theconversation.com/avoid-a-bum-steer-this-summer-heres-what-australian-law-says-about-public-nudity-107525

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Critical Structural Checks to Prioritise Before Renovating an Older Property

The Australian home renovation market is experiencing unprecedented growth. The total value of thi...

Why Regular Gutter Cleaning Northern Beaches Is Important

Living in the Northern Beaches offers beautiful coastal scenery, fresh air, and leafy surroundings...

Double Glazed Sliding Doors vs Standard Sliding Doors: Key Differences

Sliding doors are a popular choice in modern homes due to their space-saving design and ability to...

How to Plan a Bathroom Renovation Timeline (Without Surprises)

A bathroom renovation rarely feels “small” once work begins. Even modest updates involve multiple ...

What “Extraction Facial” Actually Means (And When It Helps)

“Extraction facial” is one of those skincare terms people use as if it’s one standard treatment, b...

How Compounded Medicines Support Individual Health Needs

Not every patient responds to medicine in the same way. Age, allergies, dosage requirements and sw...

How Live Comedy Can Shape the Mood of an Event

The mood of an event is shaped by more than the venue, food, music, or schedule. Entertainment can...

Why Home Gym Mats Are Becoming a Must-Have

Building a dedicated workout space at home has become increasingly common across Australia. Many p...

Choosing an ELISA Format That Matches Your Target

A colorimetric ELISA ends with a plate that has developed color, and the instinct is to read more ...