Public Nuisance

Public nuisance can occur in a number of ways, including where a person behaves in:

  • a disorderly way
  • an offensive way (this includes using offensive or abusiveĀ language)
  • a threatening way (including using threatening language)
  • a violent way

and this behaviour interferes with, or is likely to interfere with, another personā€™s passing through or enjoyment of a public place.

A public complaint about a nuisance being committed is NOT required, so police can charge a person if they feel a public nuisance has been committed.

Maximum penalty: 10 penalty units or 6 months jail, but it may be 25 penalty units or 6 months jail if the offence occurs in or near licensed premises, and involves being drunk or disorderly or creates a disturbance.

Public Urination

It is an offence to urinate in public.

Maximum penalty: 2 penalty units (4 penalty units if the offence occurs within or near licensed premises).

Other Offences

Other offences include wilful damage to property, possessing graffiti devices, trespassing, possessing illegal drugs or drug equipment, drink driving, unlicensed driving, dangerous driving, interfering with road use, unauthorised BASE jumping or abseiling, carrying a weapon (e.g. a knife) or pretending to be armed in public and causing riots or breaches of the peace.

Remember, if you cause a lot of noise with instruments or electronic sound equipment, police may end up confiscating this property and can stop you using it for a set period. They first need to have given you a warning to stop making the noise. So, be aware of the consequences of ignoring such a direction.

Take care to avoid getting into arguments with police.