REGARDING LEGAL DRESS OPTIONAL RECREATION AREAS
CONTENTS
Tourist Potential
The Rights of Individuals
Nude Bathing is Here to Stay
Our beaches should be kept for families
People who go nude are exhibitionists and voyeurs
The beaches are for everyone not just particular groups
Nude bathing will increase the incidence of skin cancer
Localises the incidence of nude bathing
Regular users would form support groups
Reduces danger to people who swim and sunbathe nude
It would end the unsatisfactory "condoned" situation
INTRODUCTION
Informed ordinary citizens today, clearly understand that the
nude human body is not of itself obscene. Indeed to do so, would
be a slander against nature. Nevertheless there is a proper time
and place for all activities, and public nudity is not appropriate
in most situations. But there are a number of other situations
where nudity is not only acceptable, but is indeed the preferred
option for many people. The shrinking size of bathing suits over
the second half of this century is testimony to the desire of
ordinary people to remove as much clothing as possible under suitable
conditions. The natural extension of this, is the desire of a
significant number of people to engage in nude recreational activities
such as swimming, sunbathing, and playing various sports.
Nudist clubs provide facilities for some people, but not every
nudist has access to, nor for that matter a desire, to join a
club. Tourists, in particular, must find other options. This results
in nudity on beaches and other places. As Queensland does not,
as yet, provide areas where nudity can be officially practiced,
nudity occurs at numerous unofficial locations. Most of these
are well known to the public, and are generally well suited to
the purpose due to natural screening, isolation or in some instances
both. Random nudity also occurs at other, less suitable, locations
and this leads to objections from a small minority of the public.
There is, however, considerable support within the community for
the provision of some public areas where nude recreational activities
such as swimming, sunbathing, and the playing of various sports
may be practiced legally. Indeed, in many parts of Europe governments
have been very supportive in the provision of such facilities,
which in turn has led to the establishment of many commercial
clothes optional resorts that now make valuable contributions
to their respective economies.
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Probably due mainly to its isolation, and to some extent its colonial
past, Australia has been slow to recognise the full potential
of such facilities. However, the situation is changing gradually
and, in the southern states particularly, a number of nude beaches
and privately owned dress optional resorts are beginning to flourish,
attracting both interstate and overseas visitors.
Queensland is often referred to as the tourist capital, and local
authorities should hasten to realise the financial potential of
legal dress optional recreational areas, whilst at the same time
catering for a growing demand for such facilities from local residents.
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THE FAR NORTH QUEENSLAND FREE BEACH ASSOCIATION
The Far North Queensland Free Beach Association was formed in
1988 following police harassment of nudists at Buchan Point. The
association seeks changes to the law of Queensland, which would
enable local authorities to designate legal dress optional areas.
Our association is affiliated with the Free Beach Association
of Queensland, a similar organisation centered in South Queensland.
Submissions have been made to successive governments, but in spite
of assurances that the matter would be corrected in the rewrite
of the Criminal Code, no positive action has yet occurred.
Far North Queensland Free Beach Association is also committed
to maintaining a high standard of behaviour, cleanliness, and
ecological awareness, in areas frequented by its members.
IN SUPPORT OF THE PROPOSAL
There are three main reasons why legal dress optional areas should
be designated.
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Tourist Potential
The extent of dress optional facilities available and the large
numbers of tourists utilising them, not only in the other states
of Australia, but more especially in Europe, clearly demonstrates
that there is a significant demand for this style of holiday.
The concept is supported by most organisations set up to promote
tourism. See Appendix 1.
If legal nude bathing was permitted in designated areas it would
create many possibilities for the tourist industry to increase
trade from both interstate and overseas. Visitors would utilise
existing nearby accommodation whilst attending dress optional
beaches, and there would be great opportunities for the development
of new special resorts adjacent to legal dress optional beaches.
Queensland has the ideal climate and many suitable beaches, and
should take advantage of the opportunity to tap into this market
segment. Such beaches would attract visitors from other parts
of Queensland as well as interstate and overseas tourists. The
accommodation industry and all the other traders in the area would
benefit greatly from the extra trade.
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The Rights of Individuals
Local residents who would use these beaches are regular tax paying
citizens, and have every right to pursue their interests just
like surf board riders, cyclists, footballers and all other minority
community groups for which governments make special provisions.
There are over 30 beaches in Queensland where nude swimming and
sunbathing is practiced on a regular basis. At present all who
go to these beaches risk prosecution. The nudist community is
probably one of the most consistently persecuted sections of our
society.
This discrimination is grossly unfair. There are many minority
groups in our society who pursue a wide variety of interests and
lifestyles. As Don Dunstan, the South Australian Premier who gave
Australia its first legal nude beach, said:
"Unless people are hurting others in the community they should
be able to be individuals and do their own thing. I believe the
richness of society comes from its diversity and individuality".
Similar views are stated on page 186 of the Fitzgerald report:
"Laws which are difficult to enforce may also lead to inroads
into individual civil liberties as endeavours are made to improve
the law enforcement process."
"Laws should reflect social need, not moral repugnance. Unless
there are pressing reasons to do so, it is futile to try and stop
activities which are certain to continue and upon which the community
is divided."
The whole topic of public nude bathing is about the choice of
a lifestyle by individuals. This freedom of choice is the cornerstone
of democracy, and people who wish to swim and sunbathe nude should
not be discriminated against purely on the basis that they have
a point of view that differs from that held by some politicians.
It has already been stated in the courts that the simple act of
being nude is not obscene or offensive, so nudists should be allowed
to pursue their interests the same as any other social, religious,
or sporting group.
It should be noted here that the request is for "dress optional"
areas. There is no need or desire to exclude dressed people from
these beaches.
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Nude Bathing is Here to Stay
Nude swimming and sunbathing has been condoned by the public,
local authorities and police at many locations in Queensland for
a very long time. It is in the best interests of the whole community
to regulate the situation so that those who wish to avoid the
designated areas can do so, whilst those who enjoy this pastime
are protected from victimisation by over zealous moralists, or
authorities who are personally opposed to nudity.
Various opinion polls relating to the public acceptance of nudity
have been conducted over the years. All indications are that the
majority of people support the concept of having specified areas
where nude bathing may be practiced legally.
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FACTS AND FALLACIES ABOUT NUDE BATHING
Our beaches should be kept for families
Dress optional beaches are used regularly by families who have
no hang-ups about nudity, and are quite comfortable with the human
body. It is quite common to see, children, parents, and grandparents
all together in the one group. What could be more natural?
People who go nude are exhibitionists and voyeurs
This is quite false. Most people go to dress optional beaches
just to enjoy a day at the beach with their family or friends.
There is the occasional exception, but this occurs in all walks
of life. Undesirables are more likely to go to out of the way
clothed beaches where their unexpected nudity will shock and surprise
other beach users.
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The beaches are for everyone not just particular groups
At present all Queensland beaches are set aside for people who
prefer to wear costumes. The wishes of those who prefer not to
are completely disregarded, which is most unjust. This proposal
is for some dress optional beaches, with no one precluded from
using them.
Nude bathing will increase the incidence of skin cancer
Most people today are aware of the risks of skin cancer and take
what precautions they can to prevent it - protective lotions,
hats, umbrellas, avoidance of sun exposure when UV radiation is
at high levels, etc. Patrons at dress optional beaches are no
different, and indeed are often more careful. Considering the
brevity of today's swimwear, the amount of extra exposed skin
is minimal.
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THE BENEFITS OF DESIGNATED NUDE BATHING
AREAS
Localises the incidence of nude bathing
Designated dress optional areas would substantially confine nude
bathing to those areas.
People not wishing to be confronted with nudity would know which
places to avoid, whilst those wishing to go without costumes could
do so legally. Everyone's preferences would be catered for.
Regular users would form support groups
Often in other states where legal dress optional beaches have
been provided, regular users have formed formal or informal support
groups, taking a keen interest in the cleanliness, protection,
safety, and behaviour at "their" beach. Many have provided
sports equipment, rubbish collection, first aid, rescue and communication
material etc.
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Reduces danger to people who swim and sunbathe nude
Under existing laws these people risk prosecution so they tend
to pursue their interest in remote areas, often individually,
or as couples or small groups. They are therefore exposed to a
great deal more danger from risk of attack by unsavoury characters
who may also frequent such areas. They also risk swimming in unpatrolled
waters. Legal areas would allow them to congregate in larger numbers,
thereby reducing these risks enormously.
It would end the unsatisfactory "condoned" situation
Under the present system, where action is usually only taken when
there is a complaint, it is very easy for an individual, or a
small group of people with a particular point of view to express,
to lodge complaints repeatedly, falsely creating the impression
of widespread public objection. It also allows individual police
or government personnel the opportunity to victimise others because
of their own personal opinions.
Designated legal areas would overcome most of these factors, and
also allow assignment of police to investigate real community
crime rather than following up capricious complaints from a small
number of people who pretend to be the guardians of community
morals. The Free Beach Association of Queensland has prepared
a brochure titled "The Case For Legal Dress Optional Beaches
In Queensland". This brochure gives some additional information
and a copy is attached to this submission - Appendix 2.
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PRESENT LEGISLATION AND POLICING
Public nudity is currently covered by the Vagrants Gaming and
Other Offenses Act, and by the Criminal Code. This legislation
was conceived and enacted in a bygone era and was originally intended
to cover situations where there was an intention to shock or offend.
The situation of acceptable public nudity was not envisaged. The
laws are outmoded and in urgent need of replacement. Policing
of these laws has been inconsistent and capricious. After substantial
periods of condoning nudity at particular places, sudden changes
of Police policy have resulted in arrests, convictions and fining.
The arrests have always been carried out so as to cause maximum
humiliation, inconvenience, and distress, and so as to ensure
that the persons arrested are deprived of the capacity to mount
a reasonable defense. Essentially, those arrested have been treated
like sex criminals. Major arrests were followed by the Police
being publicly ridiculed. This form of policing has resulted in
bitterness and a deep distrust of the Police. Clearly decent citizens
should feel able to trust, respect, and support Police. Sadly,
for those who have been on the receiving end, and believe that
they have been treated unjustly , this is most unlikely to be
the case. Policing laws which are outmoded and are widely regarded
as such by the ordinary citizen, can only worsen public regard
for the Police Service.
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DESIRABLE LEGISLATION
All other mainland States and Territories have been able to legislate
successfully, in one way or another, to provide for legal dress
optional areas. None of these States or Territories have found
it necessary to enact complex legislation to cover the situation.
An example of simple and effective legislation is that enacted
by South Australia in 1975. Section 23a inserted into the Police
Offenses Act 1953 provides: "An act of being in an unclad
state in an area dedicated or reserved under any Act for unclad
bathing (whether or not that area is so dedicated or reserved
for any other purpose) or an act of being in an unclad state in
any waters adjacent to such an area shall not of itself, be an
offense against any Act or Law in force in this State". The
section merely declares that nudity alone is not an offense when
it takes place inside a designated area. It leaves intact State
laws relating to other areas, and it offers no protection against
prosecution to any person who may behave in an improper manner
in a designated area. This type of legislation would enable Local
Authorities to designate areas and to control activities which
take place there.
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CONCLUSION
The incidence of nude swimming and sunbathing is certain to increase
with the growth of population and tourism. The absence of properly
designated dress optional areas causes a great deal of confusion
and encourages the use of unsuitable areas which often leads to
problems. The rights of those people who wish to swim and sunbathe
without costumes should be recognised and catered for, and the
people who do not wish to be involved should know which areas
to avoid. Local authorities should have the power to designate
certain sections of beach, or other public land, as dress optional
areas. Their legal advice is that they are not permitted to do
so until the law, as it stands now, has been amended. We request
the Queensland State Government to amend the law as suggested.
We thank you for considering this submission.
Far North Queensland Free Beach Association
Secretary
1 July 1996.
Far North Queensland Free Beach Association
PO Box 678 CAIRNS QLD 4870
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