SA Is This a Breach of My Privacy?

[Bernzie]

Hi guys!

Probably an old question, but I have a 6ft colourbond fence around my property. In the warmer months, I occasionally like to rest outside under my veranda with a beer and no clothes. No one can see me, until just recently when a neighbour has built a cubby house for his kids with a top floor 6ft off the ground.

Is this a breach of my privacy? If I am seen lounging in the nude by them or their kids, am I breaking the law?

I would have thought their elevation in order to peer over the fence line was a breach of my privacy and not me actively exposing myself to the public.

Thanks guys

 

[Rod]

I would have thought their elevation in order to peer over the fence line was a breach of my privacy

You'd be thinking wrong. No different to a 2 story house going up with a balcony on it.

 

[Tripe]

There’s nothing illegal about someone looking over a fence.

 

[Bernzie]

There’s nothing illegal about someone looking over a fence.

I know, my question is if they are looking over my fence, is what I am doing deemed illegal? They might not like what they see but no one invited them or made them look.

 

[Rob Legat - SBPL]

I don’t know SA law, but I’d almost be willing to bet that being naked in a position where minors are capable of seeing you is not going to end well for you. Perhaps a privacy screen or a new spot is the way to go.

 

[Tripe]

The kids can occupy their cubby and look over your fence whenever they want.

You have very little right to legal privacy when you are outside and your neighbour has a higher vantage point that allows them to view into your property.

I would suggest it’s in your interest to cover up or install some privacy screens.

 

[Rod]

In Vic I think the rule about nudity is that you should not be seen from a public place. A backyard if not visible from a public place doesn't fit that definition.

Though just reading the SA law on obscene exposure it is different and Rob is correct as all you have do is expose and offend regardless of location in SA.

You probably have to cover up, either yourself, or with a screen.

 

[Bernzie]

The kids can occupy their cubby and look over your fence whenever they want.

You have very little right to legal privacy when you are outside and your neighbour has a higher vantage point that allows them to view into your property.

I would suggest it’s in your interest to
Cover up or install some privacy screens.

Yeah I swear I read a couple of years ago that SA law said exposing yourself to the public from your backyard meant a breach in the boundary, such as a gate left open, a hole in the fence, or fence and gates that are not solid. What I read also said if someone has to make effort to peer over your boundary and into your property, then they are going out of their way to view you and you are not at fault.

Now when I look again for that document I cannot find it.

 

[Rod]

SA Summary Offences Act 1953 - Sect 23 Indecent behaviour and gross indecency

(1) A person who behaves in an indecent manner—
(a) in a public place, or while visible from a public place, or in a police station; or
(b) in a place, other than a public place or police station, so as to offend or insult any person,
is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 3 months.

 

[Bernzie]

So if I am not trying to offend or insult, like say a flasher would, then I'm ok, I guess?