Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
-
When might you be issued with an on-the-spot fine for a public order offence?
- An on-the-spot fine for a public order offence is like receiving a ticket for a traffic offence.
- If you receive an on-the-spot fine it will state the amount of the fine. This is your penalty and you do not need to go to Court.
- The police have the power to give on-the-spot fines for a range of less serious public order offences such as:
- public drunkenness;
- swearing; or
- offensive behaviour.
- For these types of offence the police do not have to prove the offence in the same way as they do with more serious criminal offences. Usually people pay the fine and that is the end of the matter.
- There are still some cases where you may disagree with the decision made by the police to issue you with an on-the-spot fine. If you believe that you have not committed the offence then speak to a lawyer and they can give you advice about challenging the fine in court.
- Our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.
>> Read more & related FAQ's
-
What are by-laws?
- Local councils have the power to make by-laws. These are special laws that regulate people’s behaviour in public places in council areas. They are in place to make public places safe for everyone.
- For example your local council can make laws about where and when in a public place people can:
- drink alcohol;
- busk;
- park their car; or
- let their dog off the lead.
- These laws are often written on signs in public areas. If you are unsure about the by-laws in your area then you might need to contact your local council to get more information.
- A lawyer can also give you advice about the by-laws that apply to you. You can use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.
>> Read more & related FAQ's
-
What type of language is considered offensive?
- The definition of what is offensive language may be different depending where you live.
- Generally offensive language means words that are meant to hurt, anger, disgust or outrage a reasonable person. It is not always easy to predict what is considered offensive or obscene as this can vary greatly from person to person.
- The police have a wide discretion to decide what is offensive and obscene and what is not.
- If you have been charged with using offensive or obscene language a lawyer can advise you about your position and whether or not you have a valid defence to the charge.
>> Read more & related FAQ's
-
Is all street art illegal?
- Street art is commonly known as graffiti.
- No. Street art is only illegal if the person making the art or graffiti does not have permission from the property owner.
- If you have consent from the property owner then the artwork is not illegal.
>> Read more & related FAQ's
-
What should I do if I am near someone who is committing a public order offence?
- If at any time you feel scared, intimidated or unsafe then you should speak to a police officer, a security guard or call 000 and ask for help.
- While you are waiting for help move away from the area if it is safe to do so.
>> Read more & related FAQ's
-
What is indecent or obscene exposure?
- Indecent or obscene exposure is defined in the relevant legislation (written laws) in your state or territory.
- It usually means the wilful (deliberate) exposure of your genital area (private parts).
- It is illegal to wilfully expose your genitals in a public place.
>> Read more & related FAQ's
-
Why is it a crime to be drunk in a public place?
- In most jurisdictions (states or territories) it is an offence to be drunk in a public place. You will need to check the laws in your jurisdiction to find out exactly which public order offence applies.
- Public drunkenness is illegal because drunk people can sometimes be unpredictable or violent which can put other members of the public at risk.
- Police usually have the power to arrest you if you are found drunk in a public place and to hold you until you have sobered up. This is mainly for your own safety and for the safety of members of the public.
>> Read more & related FAQ's
-
What is an exclusion order?
- An exclusion order can mean different things in different jurisdictions (states and territories).
- In public order law an exclusion order has a special meaning. You should check the legislation in your jurisdiction to see how the law applies where you live.
- An exclusion order is an order that excludes a person from a public place for a period of time. An exclusion order can be for a much longer period of time than a move on order.
- The police can apply to the court for an exclusion order. They can usually do this if you have been issued with a number of move on directions over a certain amount of time.
- The police must serve you with a copy of the documents they have filed with the court. This will usually include an application and evidence of the move on notices you have been issued.
- The court will read the documents and listen to what the police have to say. You will also have a chance to tell the court whether or not you agree with the exclusion order being made. If you have a lawyer they will speak for you. If you are representing yourself then you can speak for yourself. The court will then decide whether or not to make the exclusion order.
- If you have been served with an application for an exclusion order then you should speak to a specialist lawyer and get some legal advice. You can look for one near you in our free Find a Lawyer directory.
>> Read more & related FAQ's
-
What will happen to me if I ignore an exclusion order?
- If you ignore the conditions of an exclusion order then this is a breach of a court order.
- Breaching a court order is very serious. You may be arrested and charged with an offence of breaching the exclusion order.
- In some cases you may have a legal defence for breaching the order. This might happen where you took reasonable steps not to breach the order and it still happened due to circumstances beyond your control.
- If this sounds like what happened in your case then you should speak to a specialist lawyer who can assist you with your options. Our Phone a Lawyer service may be able to put you in touch with a lawyer for a preliminary consultation.
>> Read more & related FAQ's
-
An exclusion order has been made against me. Can I have it changed?
- Yes. There are some circumstances when you can apply to the court to have an exclusion order changed.
- If there are some important new facts or circumstances that have happened since the order was made then you may be able to apply to the court.
- You can either apply to the court to:
- vary (change) the order; or
- revoke (cancel) the order.
- The court will listen to both you and the police about the application.
- Before making a decision the court will take into all the circumstances of your case including:
- anyone affected by the order; and
- the general safety of the public.
>> Read more & related FAQ's
-
I have been charged with a public order offence. Do I have to go to court?
- It depends whether you have been issued with an on-the-spot fine or if you have been charged.
- If you have been issued with an on-the-spot fine:
- You can simply pay the fine and that will be the end of the matter.
- If you disagree with the fine then you can elect (choose) to go to court.
- If you have been charged with a public order offence:
- you need to attend court to answer the charge;
- for less serious offences there may be an option where you can elect to have the matter dealt with in your absence (without you). If you want to do this then you will need to fill in the form and return it to the court before the date your case is listed;
- if you choose not to attend court this means you will not have a chance to tell the court your side of the story; and
- if this option is not available then you must attend court to answer the charge. If you do not attend court then a warrant may be issued for your arrest.
- If you have been charged with a public order offence a specialist criminal lawyer can assist you. You can look for one near you in our free Find a Lawyer directory.
>> Read more & related FAQ's
-
The court found me guilty of a public order offence. Will I get a conviction?
- Yes. If you are found guilty of any offence and given a penalty then a conviction will be recorded on your criminal record.
- There is usually one exception to this rule. This is when the court has the option to make a special sentencing order for ‘no conviction’ to be recorded on your criminal record. Often this is done when the court makes a decision to place you on a bond or to dismiss the charge. This penalty will still appear on your criminal record but it is not a conviction.
- It is important to discuss this sentencing option with your lawyer so you understand exactly what it means and how it applies to your situation. You can look for one near you in our free Find a Lawyer directory.
>> Read more & related FAQ's
-
I have been found guilty of a public order offence. Will I go to jail?
- It depends on what you have been charged with and all the circumstances of your case.
- If you have been found guilty of a public order offence then the court will need to sentence you. This is when the court makes an order imposing a penalty on you for committing a crime.
- Sentencing is a complex process where the court takes into account:
- the nature and circumstances of your offence;
- whether there are other charges from the same incident;
- your criminal record;
- general sentencing principles; and
- any other relevant factors.
- A lawyer can help you look up the section of the law you have been charged with. This will tell you the minimum and maximum penalties available for that type of offence and give you an idea of what options are available to the court. Our free Find a Lawyer directory may help you find an experienced criminal lawyer near you.
- There are a number of less serious public order offences where you are likely to receive a fine such as public drunkenness or using offensive language.
- For more serious public order offences the full range of sentencing options will be available. You may be sentenced to:
- a fine;
- a community based order with special conditions such as attending an:
- anger management program; or
- alcohol education program.
- a community based order with unpaid community work; or
- a jail order.
>> Read more & related FAQ's
View more Information on Public Order