I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Is Public Nudity an Offence? (NSW)
There are a number of ‘clothing optional’ beaches in New South Wales such as Tyagarah Nature Reserve near Byron Bay. On these beaches, it is permissible to be partially or completely naked. However, public nudity is an offence when it occurs outside of areas designated as ‘clothing optional’. Even within these areas, there can be uncertainty as to exactly where nudity is permitted.
The offence of “obscene exposure”
Section 5 of the Summary Offences Act 1988 makes obscene exposure an offence, stating “a person shall not, in or within view of a public place or school, wilfully and obscenely expose his or her person”. To find a person guilty, police must prove beyond a reasonable doubt that they intentionally exposed themselves in an obscene way within sight of a public place or school.
The court will assess how serious the offending is by considering the circumstances of the offence and the circumstances of the offender. This will include considering whether there were extenuating circumstances or circumstances of aggravation.
What does the offence cover?
The court has interpreted the phrase ‘wilfully and obscenely expose his or her person’ as referring to the genital area of either a male or a female in a public place. There is no requirement for the nudity to be of a sexual nature or for a sexual act to be performed for the offence to be made out.
In the case of R v Eyles, ‘wilfully and obscenely expose his or her person’ was found to mean the penis of the accused. It is unclear whether the intentional exposure of the buttocks or female breasts would suffice to make out the offence.
The offence is only made out if the exposure was intentional. Accidental exposure such as a “wardrobe malfunction” does not amount to an offence under Section 5.
What is the law on “clothing optional” beaches?
The Local Government Amendment (Nude Bathing) Act 1996 states that public nudity is permitted if it occurs at one of the listed designated “clothing optional” beaches. Public nudity on those designated beaches will not attract a charge of offensive behaviour if the council’s regulations are followed.
However, Section 633(6) of the Local Government Amendment (Nude Bathing) Act 1996 (NSW) Act, only lists five beaches in New South Wales that have been “designated for the purposes of nude bathing.” These are:
- Lady Bay Beach
- Cobblers Beach
- Obelisk Beach
- Werrong Beach
- Samurai Beach
While there are numerous other “informal” nude beaches in New South Wales where it is common for people to be nude, these are not designated areas and police retain the discretion to prosecute people for obscene exposure in these places.
Tyagarah Nature Reserve
One example of this is the Tyagarah Nature Reserve, just north of Byron Bay. Although the Shire Council and New South Wales National Parks websites contain information about the reserve and state that a one-kilometre stretch of the beach is “clothing optional” they do not stipulate which part of the beach this is.
In 2017, the Byron Shire Council voted to reduce the “clothing optional” stretch of Tyagarah beach to a 200 metre stretch between Grays Lane and Elements Resort. This was due to the perception that a long nudist beach in an isolated location could potentially attract sexual predators. Since 2017, there have been regular police patrols of the Tyagarah Nature Reserve to ensure visitors comply with the law and swim and sunbathe nude only within the designated area.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
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