SA Is This a Breach of My Privacy?

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Nonfiction

Well-Known Member
17 May 2018
111
13
414
Victoria
As far as I understand it, to be convicted of indecent behaviour, ‘intention’ of the accused to offend or insult needs to be made out...intention is based on wider population expectations, not personal views. Do you really want to risk the kids seeing you and a complaint being made? I agree with the comments above, you are playing with fire if you continue.
 

Bernzie

Active Member
5 June 2018
6
0
31
As far as I understand it, to be convicted of indecent behaviour, ‘intention’ of the accused to offend or insult needs to be made out...intention is based on wider population expectations, not personal views. Do you really want to risk the kids seeing you and a complaint being made? I agree with the comments above, you are playing with fire if you continue.

Lets be clear, this has not happened yet. But i want definative written proof that i am in the wrong, not opinion. That is why i came here. In search of definative proof that i am or am not in the wrong. What are MY rights not theirs.

There is the example of a guy in melboure nuding up in protest of a 2 story development that made the news, he was free to do so. But he had intent to offend and insult?? Ive read about a couple being seen having sex in their yard by neighbouring children in nsw and weren’t charged because they werent seen by “the public.”

Surely if i nude up not intending to be seen, or interact with anyone, then i am free to do so on my private property which is not open to the public. A neighbour is not the public. They spy on me then there is no intent on my behalf. If i climb a ladder nude and say g’day to them then sure, there is your intent. Throw the book at me.

Is there anyone on here with legal knowledge not just opinion?
 

Nonfiction

Well-Known Member
17 May 2018
111
13
414
Victoria
There is the example of a guy in melboure nuding up in protest of a 2 story development that made the news, he was free to do so. But he had intent to offend and insult?? Ive read about a couple being seen having sex in their yard by neighbouring children in nsw and weren’t charged because they werent seen by “the public.”

Well, that may be so, but you’re in SA mate, the laws are different in each State. Read this if you understand it.
 

Bill Murray

Well-Known Member
6 June 2018
159
19
454
If you want to know whether you're going to be breaking the law in your exact scenario then either ask the local Police or a lawyer. You're not going to get definitive proof on a forum and I'm not sure why you expect to.

The way the law is written it does not require that you intended to cause offence or insult merely that you did cause it. Whether or not there is case law that goes further into it I haven't a clue.

If you do decide to do it on a regular basis and it is legal then I can almost guarantee you that your nude photographs will end up being published on the internet.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,732
1,056
2,894
www.hutchinsonlegal.com.au
No. Nothing to do with trying.

If the other person is offended at seeing your dangley bits then that's all it takes.

You won't get definitive proof from an online forum. If you want legal advice you need to pay a lawyer.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
You're also not going to get 'definitive proof' from a lawyer. You'll get a legal opinion. If you want something definitive for your situation, you're looking at going to Court. Even then it's fundamentally an opinion - just a legally binding one.
 
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Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
Is there anyone on here with legal knowledge not just opinion?
= Code for "Is there a lawyer here who will validate my own personal views?"

-> Nope.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
Well why are we all here? What a joke. “Lawanswers” = personal opinions with no knowledge of actual law.
...and on the back of that remark, you expect the actual lawyers on here to engage with you?
Puzzling.