To avoid confusion in this proposal the use of the following terms
are defined as follows:
"dress optional" means the right to choose whether to
be dressed or not.
"free" is an alternative term to dress optional.
"free beach" means any dress optional area, whether
it be on the shores of an ocean, lake, other waterway, or elsewhere.
"legal dress optional area" means any area legally designated
as a place where clothes may or may not be worn at the discretion
of the individual, without the breaching of any law.
"waters" means any sea, lake, waterhole, river, or stream.
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During the latter half of this century many countries in the developed
world have come to recognise that the human body, of itself, is
not an obscene object, and that there is 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 practised 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.
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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There are three main reasons why legal dress optional areas should
be designated.
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 including the Queensland Tourist and Travel Corporation.
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 extensive suitable beaches,
and should take advantage of the opportunity to tap into this
market segment. The City of Cairns is in an ideal position to
do just that. There are several beaches that are not heavily used.
It would be a simple matter to sign post a section or two as dress
optional. 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 practised on a regular basis. At present all who
go to these beaches risk prosecution. The nudist community is
probably one of the most consistently discriminated against, of
all sections of our society.
This 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."
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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 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.
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 being victimised 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 practised legally.
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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, shirts, 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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Localises the incidence of nude bathing
Designated dress optional beaches would confine nude bathing to
those areas, reducing nudity in other places. People not wishing
to be confronted with nudity would know which areas 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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The desirable features of dress optional beaches differ little
from those of any other recreational areas, and account should
be taken of the type of people who would use them. Experience
elsewhere shows that dress optional beach users cover the whole
age spectrum, from families with babies and young children to
retirees and the elderly, some with physical disabilities.
Factors which should be taken into consideration when selecting
sites include:
Location
Whilst areas where nude bathing is to be permitted should be a
reasonable distance from sections used by the general public it
is most undesirable for them to be located in extremely remote
places. Most people nowadays are quite tolerant of public nudity
in its rightful place, and, so long as the designated areas are
clearly marked, would not object to having them reasonably close
to heavily used sections.
Access
Areas that are too distant or can only be reached by boat or hiking
or climbing over rough, steep or difficult terrain will severely
restrict usage by families, the elderly and the disabled.
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Security
If the designated areas are too remote, there can be problems
with policing of undesirable behaviour. The availability of assistance
from emergency services is also severely limited.
Car Parking
As with all other activities sufficient car parking space is needed,
and should be monitored as the extent of usage is established.
Toilet Facilities
Toilets should be available within a reasonable distance but not
necessarily inside the designated area.
Availability of Emergency Services
This is an important safety issue. Preferably a public telephone
should be located within a reasonable distance.
Shade
It is desirable that there are some trees within the designated
area to provide relief from the sun. Our members would be willing
to plant them.
Screening
This is needed only to avoid accidental viewing by people who
may be offended, and may easily be achieved by suitable topography,
selective planting of vegetation, and on open beaches by distance.
Garbage Containers
It is desirable that garbage receptacles be provided, especially
in the car parking area. People will usually bring their garbage
back to this area if a means of disposal is provided.
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Size
The designated area should be of sufficient size to avoid overcrowding,
and to allow for the usual beach games and other activities. The
swimming area should be safe for children.
Signposting
Most dress optional areas, both in Australia and overseas, simply
mark the limits of the area with a sign similar to the following:
-----------------------------------------------------------
CITY OF CAIRNS
DRESS OPTIONAL AREA
UNCLAD RECREATION IS PERMITTED
WITHIN THE AREA MARKED BY THESE SIGNS
By Order .................... CEO
-----------------------------------------------------------
For an example of typical signage as used at Maslins Beach in
South. Australia - see Appendix 3.
If it is felt that advance warning is needed a sign similar to
the following could be erected on the approaches to the area.
-----------------------------------------------------------
CITY OF CAIRNS
DRESS OPTIONAL AREA AHEAD
IF NUDITY OFFENDS
DO NOT PASS THIS POINT
By Order .................... CEO
-----------------------------------------------------------
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The Far North Queensland Free Beach Association was formed in
1988, and its membership is comprised mostly of individuals and
families residing in Cairns and surrounding area. Our group is
willing to cooperate with the Council by way of assistance in
the maintenance of facilities, and the preservation of good behaviour
and cleanliness on the beaches concerned. The Far North Queensland
Free Beach Association is affiliated with the Free Beach Association
of Queensland, a state body primarily set up to assist in the
obtaining and maintenance of dress optional beaches in Queensland.
The City of Cairns is particularly well endowed with places suitable
for designation as dress optional. We are suggesting one location
only in this submission. However, we also feel that there are
many other locations which could be used for this purpose.
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Buchan Point Beach
This location has been a defacto nudist beach for over twenty
years. It is widely known as such both within Australia and overseas,
and has attracted many visitors over the years. Prior to the Police
raids in 1988, it was widely used by families and was probably
the cleanest beach in the Cairns area. Nudists discouraged littering
and regularly conducted clean up campaigns. When Police raids
made it impractical for families to use the beach, the deterioration
was clearly evident. This location has been continuously used
as a nudist beach, and accordingly designation would not result
in a change of usage. Designation of this beach would encourage
families to use the beach once again, in numbers.
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Major changes to the Criminal Code are being enacted. We have
sought advice from the Attorney General's Department, and the
following is an extract from that advice:
"The nude bathing debate has been hand balled between Local
and State Governments for years. The argument Local Government
used was we won't declare nude bathing areas because we won't
break State Laws..like indecent exposure or offensive behaviour.
Under these new laws if a Local Government wanted to establish
a nude bathing beach away from the general public then they could..they
would not be in breach of any obvious State Law. Attorney Generals'
have argued that this has always been the case as Local Government
rule the behaviour on their beaches, but Councils have always
dodged the issue by hiding behind these laws. Now they won't be
able to and could declare and signpost an isolated area so that
people would know what they were heading for." All that is
needed, is for Council to pass a resolution declaring the beach
at Buchan Point to be dress optional, and to erect the necessary
signs. The cost would be minimal.
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All that is needed, is for Council to pass a resolution declaring
the beach at Buchan Point to be dress optional, and to erect the
necessary signs. The cost would be minimal.
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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 have the power to designate certain sections
of beach as dress optional areas, and should do so in the best
interests of the community at large. The cost would be minimal
and the potential benefits from increased tourism could be quite
substantial.
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In the light of the changes to Queensland Legislation currently
being enacted, and the clearly demonstrated public demand for
such facilities, we strongly urge the City of Cairns to designate
the area suggested, and any other areas that Council may think
suitable, as legal dress optional areas.
We thank you for considering this submission.
Far North Queensland Free Beach Association
President
1 April 1995
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