The Hon. Russell Cooper MLA, Minister For Police and Corrective Services - 5 June 1996

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