New South Wales Laws - Revision history

Erik Baas: lf

2023-05-28T13:23:55Z

Marte Kinder: /* Legal References */add Sydney

2010-03-12T01:59:34Z

‎Legal References: add Sydney

Marte Kinder: /* Sydney */no arrests in 2009

2009-07-06T16:01:40Z

‎Sydney: no arrests in 2009

Marte Kinder: /* Sydney */add 2009 police interactions

2009-07-06T16:00:54Z

‎Sydney: add 2009 police interactions

Marte Kinder: /* Legal References */add more to offensive conduct

2009-03-13T12:49:28Z

‎Legal References: add more to offensive conduct

Marte Kinder: /* Legal References */add further info about offensive behaviour

2009-03-13T12:34:57Z

‎Legal References: add further info about offensive behaviour

Marte Kinder: /* Legal References */add more about offensive conduct

2009-03-13T01:56:27Z

‎Legal References: add more about offensive conduct

Marte Kinder: /* Legal References */add date

2009-03-03T07:27:46Z

‎Legal References: add date

Marte Kinder: /* Summary */qualify that organisers give instructions and add link to return page to Nimbin.

2008-12-15T02:02:48Z

‎Summary: qualify that organisers give instructions and add link to return page to Nimbin.

Marte Kinder: /* Previous experiences */ add to Newcastle summary at top and add Sydney and Byron Bay sections.

2008-12-15T02:00:24Z

‎Previous experiences: add to Newcastle summary at top and add Sydney and Byron Bay sections.

@@ Line 108: / Line 108: @@
 If we meet the police we will be jolly and I recommend co-operating if they make a formal directive. I am sure that police do not like to do extra unnecessary work and have a sense of humour. How they apply the law may differ greatly from my opinion or those of a magistrate for that matter. I recommend not getting arrested but I can make no iron clad guarantees about it. My opinions on the law are not professional opinions and I do not take responsibility if you rely on my advice and do not like the outcome.
-*return to [[Byron Bay]], [[Newcastle]], [[Nimbin]] or [[Sydney]].
+*return to [[Byron Bay]], [[Newcastle (Australia)|Newcastle]], [[Nimbin]] or [[Sydney]].
 *For the law that applies in Victoria, please refer to the [[Victoria Laws]] page.

@@ Line 84: / Line 84: @@
 Behaving in a way that is respectful, non-sexual, always non-threatening and considered good behaviour among the established Naturist community should not meet the definition of obscene and although it might be considered at law to be indecent, that law is dead.
-This probably is the reason why Spencer Tunick has photographed masses of naked people in public spaces in Melbourne without trouble.
+This probably is the reason why Spencer Tunick has photographed masses of naked people in public spaces in Sydney and Melbourne without trouble.
 =General approach=

@@ Line 33: / Line 33: @@
 ==Sydney==
-The previous experience in Sydney has been that no one was arrested in 2008.
+The previous experience in Sydney has been that no one was arrested in 2008 or 2009.
 ===2009===
 In 2009 the Police attended the assembly/painting place and  gave the ride an escort all the way (see: Sydney Morning Herald, 16 Mar 2009, "[http://www.smh.com.au/environment/cyclists-naked-ambitions-punctured-20090315-8yyc.html Cyclists' naked ambitions punctured]". The Police were very strict about the exposure of nipples by women and both sexes genitals, threatening arrests for [http://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s4.html Offensive conduct under the SUMMARY OFFENCES ACT 1988 - SECT 4] reasoning that the innocent exposure of the non-sexual naked human body is behaviour "such as is calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person". Riders questioned the police why naked breasts were a feature of the [http://www.sydneybodyartride.org/ Sydney Body Art Ride] to be told SBAR has a permit allowing exposure of breasts. Riders also questioned why the Sydney Gay and Lesbian Mardi Gras had featured full nudity. It is not reasonable to say that a permit can be issued that allows the law to be broken or that a different community standard applies from one event to another in the same city with the same law. <br>

@@ Line 34: / Line 34: @@
 ==Sydney==
 The previous experience in Sydney has been that no one was arrested in 2008.
 ===2008===

@@ Line 60: / Line 60: @@
 CITATION: [http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2005/131.html R v Barrass (2005)  NSWCCA 131]
-*[http://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s4.html SUMMARY OFFENCES ACT 1988 - SECT 4 Offensive conduct] is something else again and says nothing specifically about nudity.
+*[http://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s4.html SUMMARY OFFENCES ACT 1988 - SECT 4]
-Honestly, I am uncertain if offensive conduct could apply to a case that would have previously been called indecent exposure. I could not find any precedents that indicated that it was. The trouble with a lot of these cases is that they go unreported in the legal journals unless they get to the appeals or supreme courts. For one case that was heard in the Supreme Court and reported and has legal discussion about [http://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s4.html Offensive conduct] see [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2000/77.html?query=soa1988189%20s4 Burns v Seagrave and Anor (2000) NSWSC 77 (23 February 2000)]. It says of the the offence, among other things: ''That the offence contemplated behaviour "such as is calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person". ...'' Which begs the question whether a magistrate would consider the sight of a  human body alone capable of causing such an emotional reaction in the mind of a reasonable person in the 21st Century?
+This offence is something else again and says nothing specifically about nudity. Honestly, I am uncertain if offensive conduct could apply to a case that would have previously been called indecent exposure. I could not find any precedents that indicated that it was. The trouble with a lot of these cases is that they go unreported in the legal journals unless they get to the appeals or supreme courts. For one case that was heard in the Supreme Court and reported and has legal discussion about [http://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s4.html Offensive conduct] see [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2000/77.html?query=soa1988189%20s4 Burns v Seagrave and Anor (2000) NSWSC 77 (23 February 2000)]. It says of the the offence, among other things: ''That the offence contemplated behaviour "such as is calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person". ...'' Which begs the question whether a magistrate would consider the sight of a  human body alone capable of causing such an emotional reaction in the mind of a reasonable person in the 21st Century?
 There is a difference between indecent exposure (which is no longer on the NSW Statute books) and obscene exposure. The Reverend Fred Nile laments the loss of the indecent exposure laws. (See the NSW parliament debate on the Nude Bathing Bill). Rev Nile quotes the famous precedent for distinguishing indecent from obscene.

@@ Line 55: / Line 55: @@
 The word 'person' means genitals in legalese.
-*[http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC19961204005 LOCAL GOVERNMENT AMENDMENT (NUDE BATHING) BILL] (debate in Legislative Council of NSW)
+*[http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC19961204005 LOCAL GOVERNMENT AMENDMENT (NUDE BATHING) BILL] (debate in Legislative Council of NSW  4 December 1996)
 *NEW SOUTH WALES COURT OF CRIMINAL APPEAL

@@ Line 91: / Line 91: @@
 =Summary=
-On the day of the ride, everyone should assemble WITH THEIR CLOTHES ON. When the ride gets to the secret painting place, I will explain further on the topic of nakedness and the law.
+On the day of the ride, everyone should assemble WITH THEIR CLOTHES ON. When the ride gets to the secret painting place, Organisers will explain further on the topic of nakedness and the law.
 Like I said at the beginning, your choice to go naked or clothed is your choice. I will respect that participants will do what they want but need to have their eyes open while they do it.
@@ Line 99: / Line 99: @@
 If we meet the police we will be jolly and I recommend co-operating if they make a formal directive. I am sure that police do not like to do extra unnecessary work and have a sense of humour. How they apply the law may differ greatly from my opinion or those of a magistrate for that matter. I recommend not getting arrested but I can make no iron clad guarantees about it. My opinions on the law are not professional opinions and I do not take responsibility if you rely on my advice and do not like the outcome.
-*return to [[Byron Bay]], [[Newcastle]] or [[Sydney]].
+*return to [[Byron Bay]], [[Newcastle]], [[Nimbin]] or [[Sydney]].
 *For the law that applies in Victoria, please refer to the [[Victoria Laws]] page.

@@ Line 6: / Line 6: @@
 The ride in Tweed Heads had no arrests and did not report encountering the police.
 ==Newcastle==
-The previous experience in Newcastle has been that no one has been arrested in 2005, 2006 and 2007.
+The previous experience in Newcastle has been that no one has been arrested in 2005, 2006 and 2007. 1 arrest of a young man occurred in 2008 and his details were taken at the scene, though he was not taken into custody and no charges were laid.
 ===2005===
@@ Line 31: / Line 31: @@
 The young man was naked apart from helmet, shoes and backpack when the Police confronted the ride in Lambton. He approached the Police complaining of the harrasment by the man who had yelled at him. The Policeman called him over calling him a "Sicko" and took his personal details. The Policewoman, who was also in attendance, advised the Policeman of a new procedure that allowed arrests to be made without physically taking the arrested person to the Police Station and that paperwork with charges for an offence would be delivered to the arrested person's home. The young man was supported by Ian McKenzie and a legal observer at the time. The young man covered his genitals and was allowed to go and the ride continued with him. Later the young man was given support by Police Liaison Organiser, Ian McKenzie and WNBR Newcastle Organiser, Marte Kinder with offers of help with any legal expenses that might result from the arrest, offers to find pro-bono legal representation and follow up. Ian and Marte kept in contact with the young man and despite the worry of possible Police charges, as of the time of writing (December 2008) no charges have been laid and appear unlikely to be laid given the amount of time that has elapsed (9 months). It may be possible that after doubts about the legality of making a false arrest, the Police have consulted with the Director of Public Prosecutions or other experts at the Police Station and found that they had at best a poor chance of conviction. The Police may also have seen the procedure of laying charges simply as a waste of time and resources. Whether the very angry man who complained was willing to testify as a witness is unknown. Never-the-less the young man was not charged with an offence.
 =Legal References=