Did you know that it may be a crime to yell at your partner, have an argument with your neighbour, or even vomit, in a public place?
A report released today by QUT associate law lecturer Tamara Walsh, suggests that many people are being charged with the new offence of 'public nuisance' for extremely trivial behaviour.
The release of this report, titled From Park Bench to Court Bench, coincides with the tabling today of the Summary Offences Bill in the Queensland Parliament which replaces the Vagrants, Gaming and Other Offences Act.
"My research suggests that there has been a 200 per cent increase in the number of people coming before the court for offensive language and offensive behaviour since the new section was introduced in April this year," Ms Walsh said.
"People are being convicted and punished for trivial things, like arguing with family members or neighbours in the street.
"In fact, people have even been arrested for vomiting in public."
Ms Walsh said the new Summary Offences Bill repealed a number of antiquated offences, including the offence of 'vagrancy'.
However, she said that despite clear evidence that people are being arrested for trivial behaviour under the new 'public nuisance' offence, the government has retained the offence in the new Bill.
"While the repeal of the Vagrants, Gaming and Other Offences Act is welcome, we would have expected the new legislation to bring about reform. By retaining the offence of public nuisance, people can still be arrested for trivial things which the police should instead turn a blind eye to," Ms Walsh said.
Ms Walsh's research also found that more than one third of all arrests for public nuisance are for minor insults directed at police officers. In view of the recent High Court decision of Coleman v Power it seems that the enforcement of 'public nuisance' is often unlawful.
"In Coleman, a majority of the High Court agreed that police should turn a blind eye to minor insults directed at them because they are trained to be 'thick-skinned'. Yet police constantly arrest people for calling them names or telling them to go away," Ms Walsh said.
"While some of the recommendations from my report have been implemented by the government in its new Bill, overall the Bill will not lead to significant reform. People in Queensland are entitled to laws which will not penalise them for trivial behaviour. Police resources should be spent on policing real crimes, rather than arresting people for yelling in the street or vomiting."
Media contact: Tamara Walsh, QUT associate law lecturer on 0437 734 599
Janne Rayner QUT Media Manager on 3864 2361
