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Date: April 29, 2024 Mon
Time: 11:32 pm
Time: 11:32 pm
Results for nuisance behaviors and disorder (australia)
1 results foundAuthor: Walsh, Tamara Title: No Offense: The Enforcement of Offensive Language and Behaviour Offences in Queensland Summary: In Queensland, as in all Australian States and Territories, it is an offence to be offensive. But in a contemporary society which is pluralistic, individualistic and combative in nature, what can reasonably be said to cause offence? People may consider, or desire, public places to be an extension of their backyard, but in reality, public places are just that – public. All manner of people, sights and behaviours may be, and must be, observed in public space. Some people will find certain things offensive that other people do not. That is what comes with being part of a diverse nation. Furthermore, times have changed. Language that would previously have been considered ‘obscene’ is now commonplace – heard on every street corner, at every workplace and in every school around the country. Also, social problems such as homelessness, income inequality and social exclusion are escalating. As a result, certain behaviours that might reasonably be considered offensive, like urinating, defecating or vomiting, will necessarily be committed in public by society’s most vulnerable people, simply because they have no private space to retreat to. In a society that itself offends – evidenced through its words and deeds, but also its omissions and those it neglects – how do we determine when someone’s behaviour is so offensive that the criminal law must intervene? This document reports on the results of research into offensiveness that has been conducted over an 18 month period, involving court observation, literature reviews, national and international policy analyses, numerous discussions and protracted thought. The research shows that many homeless, Indigenous, impaired and young people in Queensland are prosecuted for being ‘offensive’ when they are really just living out their lives. They may be engaging in conduct that many of us choose not to engage in, but these laws are not there to ‘ensure punishment of those who differ from the majority’ rather, they exist for ‘the protection of the people’. Further, these vulnerable people commonly receive the penalty they are most unable to comply with – a fine. For those trying to survive on around $100 a week, a fine of $200 is impossible to pay if life’s necessities are also to be had. The conclusion that must surely be reached is that in order for us to justifiably punish people for offending against society, we must create a society that is not in itself offensive. Details: St. Lucia, QLD: T.C. Beirne School of Law, University of Queensland, 2006. 42p. Source: Internet Resource: Accessed February 24, 2011 at: http://www.qcjc.com.au/research/download/9/research/police-powers-responsibilities-1/the-enforcement-of-offensive-language-and-behaviour-offences-in-qld.pdf Year: 2006 Country: Australia URL: http://www.qcjc.com.au/research/download/9/research/police-powers-responsibilities-1/the-enforcement-of-offensive-language-and-behaviour-offences-in-qld.pdf Shelf Number: 120869 Keywords: Nuisance Behaviors and Disorder (Australia)Obscene Language |