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QLD Topless Photography Laws in Queensland

Discussion in 'Criminal Law Forum' started by Len Smith, 1 July 2015.

  1. Len Smith

    Len Smith Member

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    My partner and I are photographers who specialise in the female form. We have recently had some models referred to us by previous models of ours.

    We consider our photography classy, very little revealing and not at all sexual. The models referred to us are only between 16 and 18 years of age. They have assured us that the legal age of consent for non-sexual nudity in Queensland is 16 years old whilst accompanied by a parent or guardian.

    We have only ever dealt with models over 18 so really don't know these laws. Could anyone please shed some light on this for us?
     
  2. hlly

    hlly Well-Known Member

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    There is no "age of consent" for nudity. Anybody can be naked on non-public property with or without anyone else, no matter whether their guardian or parent is there.

    Be very careful about child pornography laws. Nobody can predict whether the photographs will or won't fall within the definition of child abuse/exploitation material (or whatever the relevant term is in Qld) before they're taken, especially not based only on this post. The critical age is 18, so this is only a concern when your models are aged less than 18. Try contacting the Arts Law Centre for more detailed advice in this respect, or retaining a private solicitor with experience in media law.

    Note that child pornography offences aren't affected by whether the child's parent consents to the photography.
     
  3. Tim W

    Tim W Lawyer

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    I'll call it:

    Unless they are 18 or older, don't work with them.
     
    hlly likes this.
  4. Tracy B

    Tracy B Well-Known Member

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    Hi Len,

    The law

    Under the Criminal Code Act 1899 (Qld), a "minor" for most purposes is a person under 16 years old. The relevant offences involving children under 16 years old, in your case, include:
    • Indecent treatment of children under 16 (section 210)
    • Grooming children under 16 (section 218B)
    • Observations or recordings in breach of privacy (section 227A) [which is why the parent must be present to give consent, since children under 16 may not be able to give consent]
    • Obscene publications and exhibitions (section 228)
    However, whilst QLD says you may, there are federal (national) laws to worry about that may make this an offence.

    Whether you should or not

    Like @Tim W and @hlly expressed, you should probably not take this risk. This is because (1) a child who is 16 is on the borderline of "legal" in Queensland; (2) in many other states in Australia, the age is 18, which means if your photographs end up being published/distributed outside of Queensland, you could be liable for a criminal offence in these other states where the cutoff age for a "minor" is 18; (3) criminal offences involving minors, particularly those of a sexual nature, are extremely serious offences; (4) the excuse "you did not know they were actually under 16" or "they produced evidence and swore they were over 16" is no defence to the above offences in Queensland. Stick with models who are over 18 years old.
     
  5. Tim W

    Tim W Lawyer

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    A somewhat similar thread, recently, here.
     

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