Being charged with Public Nuisance in Queensland under s6

What should I do?

Public nuisance is often seen as a “minor” offence, and police may suggest you just “pay the fine.” This is a mistake. It still results in a criminal history. You should:

1. Check for “Police Escalation”: Many public nuisance charges arise because of a heated argument with a police officer. If the officer’s own conduct provoked your response, this can be used as a strong mitigating factor in court.
2. Audit the “Broadness” of the charge: To be guilty, your behaviour must actually interfere with someone’s peaceful passage or be “disorderly” according to an objective standard.¹ Simply being loud or rude to an officer is often not enough to meet the legal definition.
3. Review Body-Worn Camera footage: This is essential. The police version of how “threatening” you were often differs from the reality on video.
4. Seek a “No Conviction Recorded” result: For a first public nuisance offence, there is a very high chance of avoiding a formal conviction on your record if handled correctly by a lawyer.

What does it mean?

Under Section 6 of the Summary Offences Act 2005 (Qld), a person commits a public nuisance if their behaviour is:

• Disorderly, offensive, threatening, or violent; and
• Their behaviour interferes, or is likely to interfere, with the peaceful passage through, or enjoyment of, a public place by a member of the public.²

“Public place” is defined very broadly and includes licensed premises (bars/clubs), streets, parks, and even shopping centers.³

What are the penalties?

• Standard Offence: A fine of up to 10 penalty units or 6 months imprisonment.⁴
• Offence near licensed premises (aggravated): Up to 25 penalty units or 6 months imprisonment.⁵

If the behaviour involves “threatening” a police officer or using particularly foul language in front of children, the fines can be higher.

Wait! Do not just pay the fine. An “infringement notice” for public nuisance is still part of your criminal history and will appear on most high-level background checks. Contact Bell & Senior to discuss getting the charge withdrawn or ensuring no conviction is recorded.