PUBLIC NUISANCE

In Queensland, public nuisance is defined under Section 6 of the Summary Offences Act 2005 (Qld). A person commits this offence if they behave in a disorderly, offensive, threatening, or in a violent way in a public place, and that behaviour interferes (or is likely to interfere) with the peaceful use or enjoyment of that space by others.

Public nuisance laws are designed to protect the community’s right to feel safe and comfortable in public areas, and even relatively minor behaviour can result in a charge.

Under Section 6 of the Summary Offences Act 2005 (Qld), the maximum penalty for a public nuisance offence is:

-10 penalty units or 6 months’ imprisonment 

-25 penalty units or 6 months’ imprisonment if the offence involves circumstances of aggravation (for example, if it occurs near licensed premises or public transport)

While many public nuisance matters are dealt with by fines or infringement notices, the law allows for imprisonment in serious cases, and a conviction can still appear on your criminal record.

To secure a conviction for public nuisance under Section 6 of the Summary Offences Act 2005 (Qld), the prosecution must prove each of the following beyond reasonable doubt:

- Behaviour – that the accused behaved in a disorderly, offensive, threatening, or violent way.

- Public place – that the behaviour occurred in a public place.

- Interference – that the behaviour interfered, or was likely to interfere, with the peaceful passage through, or enjoyment of, that public place by others.

- Identification – that the accused was the person who engaged in the conduct.

It is not enough that someone was simply loud or annoying — the prosecution must show the behaviour went beyond poor manners and actually disrupted, or was likely to disrupt, the public’s safe use of the space.

There are several legal defences that may apply to a charge of public nuisance in Queensland:

- No disorderly or offensive conduct – the behaviour may not meet the legal threshold of being disorderly, threatening, violent, or offensive.

- Not in a public place – the incident must have occurred in a legally defined public place.

- No interference – the conduct must have actually interfered, or been likely to interfere, with the public’s use or enjoyment of the space.

- Mistaken identity – the prosecution must prove beyond doubt that you were the person responsible.

- Lawful excuse – in some cases, a lawful reason for the behaviour may provide a defence.

Not every unpleasant or disruptive act amounts to public nuisance — the prosecution must prove all elements of the offence, and valid defences may be available.

A public nuisance conviction in Queensland can have lasting effects:

- Recording of conviction – if dealt with by an infringement notice, no conviction is recorded. If the matter goes to court, the magistrate may record a conviction, but also has discretion under the Penalties and Sentences Act 1992 (Qld) not to do so.

- Penalties – the maximum penalty is 10 penalty units or 6 months’ imprisonment, or 25 penalty units or 6 months’ imprisonment in aggravated cases (such as near licensed premises or public transport).

- Common outcomes – most cases result in fines, but courts may also impose probation, community service, or in serious or repeat cases, imprisonment.

- Impact – a recorded conviction can affect employment, licensing, and travel. Even without a conviction, court orders and fines can still carry financial and personal consequences.

Public nuisance may seem minor, but a conviction can follow you and affect your future opportunities.

A public nuisance charge may seem minor, but it can still cause stress and inconvenience — especially if you’re worried about a conviction being recorded.

At Coral Coast Law, we provide clear advice, explain your options, and guide you through the process. Our goal is to minimise the impact of the charge, help you avoid a conviction where possible, and resolve the matter quickly so you can move forward with confidence.