Review of the public nuisance offence
Overview
The aim of the 'public nuisance offence' introduced into Queensland legislation in April 2004 was to prevent or deter activity that would interfere with the public right to use and enjoy public spaces. Queensland Parliament directed the Crime and Misconduct Commission (CMC) to review and report on the use of the new public nuisance offence as soon as practicable after October 2005. Our review was also prompted by community and government concerns that the way the legislation had been drafted could lead to increased use of the provision to unfairly target individuals who most commonly frequent public spaces.
Consultation
In the course of our review, we called for and received public submissions, consulted with stakeholder groups, and analysed police and courts data regarding public nuisance offences recorded between 1 April 2004 and 1 October 2005.
Findings of the review
The review found little evidence that the introduction of the new offence had led to dramatic changes in public nuisance offending, as had been feared by some groups. We also found that, on balance, the law was being used fairly and effectively, with police taking action to respond to growing community concerns about anti-social behaviour, especially where alcohol was concerned. In our report, we made some recommendations about issues such as police discretion, offensive language and public urination.
Related documents and links
Report |
Policing public order: a review of the public nuisance offence (PDF, 2.5 MB) |
Issues paper |
Public nuisance issues paper (May 2006) (PDF, 115 KB) |
Submissions |
