22 MAR 1999

Secretary
Far North Queensland Free Beach Association
Box 678
CAIRNS QLD 4870

Dear Secretary,

I refer to your letter of 25 February 1999 concerning your request for changes to the Vagrants, Gaming and Other Offences Act 1931.

The issue you have raised will be considered as part of the review of the Vagrants, Gaming and Other Offences Act, which will commence in the near future. During that review, extensive community consultation will take place with various interest groups with a view to providing local government bodies with the authority to designate particular beaches as dress optional.

I trust this information is of assistance.

Yours sincerely

TOM BARTON MLA
Minister for Police and Corrective Services

Ref: 03/07101 F5 JS
P/99/01003

Minister for Police and Corrective Services and Minister for Racing

08 DEC 1997

Secretary
Far North Queensland Free Beach Association
P0 Box 678
CAIRNS QLD 4870

Dear Secretary,

Thank you for meeting with me at the Kuranda Regional Cabinet Meeting on 1 December 1997.

You would be aware that this was the first time that Cabinet has met in Kuranda. Regional Cabinet Meetings provide an excellent opportunity for Ministers to meet with people to discuss local issues of concern and I welcome these opportunities.

Regarding your support for free beaches in Queensland, although the Vagrants Act Review Committee has recommended options to the Govemment, Cabinet will still have to decide if there should be any changes to the current laws.

If the submission is approved by Cabinet, the amendments required are of a minor nature and could be introduced to Parliament with a number of other minor amendments that are currently under consideration.

The extremely heavy legislative burden during 1997 prevented these miscellaneous amendments from being considered this year. However, it is my intention to take a submission to Cabinet in 1998.

I trust this advice is of assistance to you and your organisation.

Yours sincerely

RUSSELL COOPER MLA
Minister for Police and Corrective Services and Minister for Racing

Minister for Police and Corrective Services and Minister for Racing

Ref: MS/NE:070497.MIN1721/2

-2 JUL 1997

Secretary
Far North Queensland Free Beach Association
PO Box 678
CAIRNS QLD 4870

Dear Secretary

I refer to your last letter of 3 April 1997 and to several telephone calls you have made to this office regarding "Dress Optional" areas in Queensland.

I apologise for the delay in responding but, as previously indicated to you, the Queensland Police Service has been asked to prepare a Cabinet Submission regarding this matter. That Cabinet Submission has been prepared by the Vagrants Act Review Committee. The Committee has provided the Government with a summary of all available options as follows:

1. Retain the current law which effectively makes nude bathing in a public place illegal;
2. Retain the current law which effectively makes nude bathing in a public place illegal, but provide police with administrative guidance as to when proceedings should be commenced. Police will always have a prosecutorial discretion whether to commence proceedings against an offender. A Commissioner's Instruction could provide policy guidance for operational police. This option would not require legislative amendment. However, the exercise of this discretion may lead to some confusion within the community unless a public information campaign is also adopted. This option would also make section 4(1)(viii)(c) redundant as effectively it would no longer be used;
3. Remove section 4(1)(viii)(c) from the Vagrants Act. The adoption of this option (which was recommended by the committee) would make nude bathing in a public place prima facie legal. This would still allow police to take action if deemed appropriate under section 7 of the Vagrants Act if, having regard to the place and time of nude bathing, it constitutes "offensive behaviour". The comments made in paragraphs 3 and 4 supra must also be considered; and
4. Remove section 4(1l)(viii)(c) from the Vagrants Act and allow local authorities to declare nude bathing sites. This would still allow police to take action if deemed appropriate under section 7 of the Vagrants Act. However, the public would be better informed as to where nude bathing may legally take place. This option effectively devolves a difficult moral decision to local authorities.

There are two main issues that need to be considered. Firstly, in the initial stages it is a decision for Cabinet to decide if there should be any changes to the current laws as they stand. Secondly, if the submission receives Cabinet approval the amendments to the Statute law is a minor amendment. For this reason a decision has been taken to group a number of issues together to allow them to proceed through Parliament at the same time and therefore reduce the number of issues being considered by Parliament.

It is for the above reasons that we are unable to provide a time frame in which these matters will be considered.

I trust this information is of assistance to you.

Yours sincerely

MARION SMITH
Senior Policy Advisor

Minister for Police and Corrective Services and Minister for Racing

REF:MA/EW070497.MINI1721/2
19 MAY 1997

Secretary
Far North Queensland Free Beach Association
P0 Box 678
CAIRNS QLD 4870

Dear Secretary,

I refer to your last letter of 3 April 1997 and to several telephone calls you have made to this office regarding "Dress Optional" areas in Queensland.

As previously indicated to you the Queensland Police Service has been asked to prepare a Cabinet submission regarding this matter. There are two main issues that need to be considered. Firstly in the initial stages it is a decision for Cabinet to decide if there should be any changes to the current laws as they stand. Secondly if the submission receives Cabinet approval the amendments to the Statute law is a minor amendment. For this reason a decision has been taken to group a number of issues together to allow them to proceed through Parliament at the same time and therefore reduce the number of issues being considered by Parliament.

It is for the above reasons that we are unable to provide a time frame in which these matters will be considered.

I trust this information is of assistance to you.

Yours sincerely

MARION SMITH
Senior Policy Advisor

MIN/16143.96-LAA/4354

20 JAN 1997

Secretary
Far North Queensland Free Beach Association
Box 678
CAIRNS QLD 4870

Dear Secretary,

Thank you for your letter of 6 December 1996 concerning the capacity of local governments to designate dress optional areas.

The examination of this matter is continuing and it is anticipated that discussions will take place between my Department and the Queensland Police Service regarding dress optional areas.

In the meantime you can be assured that your submission has been noted and given due consideration.

I trust this information is helpful to you. If I can be of any further assistance, please do not hesitate to contact my office.

Yours sincerely

(Mrs) Di McCauley MLA
Minister for Local Government and Planning.
Member for Callide

POSTAL: PO Box 31, Brisbane Albert Street, 4002.
OFFICE: Level 13, 111 George Street, Brisbane, 4000.
TELEPHONE: (07) 3235 4280 FACSIMILE: (07) 3220 0747

REF:GW/EW02 L296.M1N001

-4 Dec 1996

Secretary
Far North Queensland Free Beach Association
P0 Box 678
CAIRNS QLD 4870

Dear Secretary,

Just to keep you up to date with what is happening in regard to your submission concerning free beaches.

The Queensland Police Service has been asked to provide a Cabinet Submission on the subject which the Minister will take to Cabinet seeking members views on the subject.

There has been quite considerable support received recently on the issue from all around
Australia. If Cabinet agrees, there will need to be changes to several Acts of Parliament which would not be able to be done until next year.

Perhaps you might like to contact me early January to see what is happening.

Yours sincerely

GRAHAM WEEKS

Police and Corrective Services
Ministerial Policy Advisor/
Chief of Staff

Minister for Police and Corrective Services and Minister for Racing

5 July, 1996

Secretary
F.N.Q.F.B.A.
P0 Box 675
CAIRNS QLD 4870

Dear Secretary,

Thank you for your letter of 30 June, 1996, and the attached submission regarding legal "dress optional"
recreational areas. It was a most comprehensive and impressive submission.

Subsequent to my writing to you on 5 June, 1996, I have received the views of my colleague, the Hon. Bruce Davidson MLA, Minister for Tourism, Small Business and Industry. I am yet to receive a response from my colleague, the Hon. Di McCauley
MLA, Minister for Local Government and Planning.

I have referred your submission for appropriate advice and have also taken the liberty of forwarding copies to both Mr Davidson and Mrs McCauley for their consideration.

Thank you for conveying your views and I'll keep in touch as developments occur.

Yours sincerely,

RUSSELL COOPER MLA
Minister for Police and Corrective Services
and Minister for Racing

5 June, 1996

Secretary
F.N.Q.F.B.A.
P0 Box 675
CAIRNS QLD 4870

Dear Secretary,

I refer to my letter of 13 May, 1996 in relation to your letter of 16
April, 1996, on the matter of legalising 'Dress Optional Areas" throughout
Queensland.

As you would no doubt be aware, nude bathing falls under the status of
Vagrants, Gaming and Other Offences Act of 1931. At present this Act
prohibits the wilful exposure of a person.

Section f (1)(iv) provides:-

"Any person who ... wilfully exposes his or her person in view of any person in any public place: ... shall be deemed to be a vagrant, and shall be liable to a penalty of $100 or to imprisonment for 6 month."

As you would appreciate, this Act has been enforced to primarily combat "Flashers" (wilful exposure) and those who urinate in public. However, the provision also attracts a penalty for those who swim or sunbathe in the
nude.

As I indicated in my previous letter to you, I am seeking the views of my
colleague, the Hon. Bruce Davidson MLA, Minister for Tourism, Small Business and Industry, and I am still awaiting his views.

Under the existing Act, Section 4 (1)(viii)(c) deals with 'wilful exposure' and one option which may be considered would be its removal to allow local Authorities to declare nude bathing sites.

In any event of this option being adopted, Police would still have the power to take action if deemed appropriate under Section 7 of the Act. This would mean Police would retain the power to determine if such bathing did constitute "offensive behaviour" after having regard to the place and time of nude bathing.

You would appreciate that consideration of this option would require appropriate consultation with Local Authorities and I have asked my
college, the Hon. Di McCauley MLA, Minister for Local Government and Planning for her views on the matter.

As soon as I have that advice I shall be back in touch.

Yours faithfully,

RUSSELL COOPER MLA
Minister for Police and Corrective Services
and Minister for Racing