use of offensive language ‘in or near, or within hearing from, a public place or a school’, contrary to the Summary Offences Act 1988 (NSW), can be punished with a fine of $660 or a Criminal Infringement Notice (‘CIN’) of $500. There appears to be no logical justification for the inconsistency of these fine and penalty notice amounts. What does ‘offensive’ mean? The adjectives ‘offensive’, ‘obscene’ and so on are not defined in legislation, nor do statutory lists itemise which words are prohibited. Instead, unclear common law definitions of these adjectives have been developed in case law, many of which rely on dictionary definitions. The most commonly cited definition of ‘offensive’ in the context of offensive language and behaviour crimes is that provided in the Supreme Court of Victoria caseWorcester v Smith, where O’Bryan J defined offensive as ‘such as is calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person’. In considering the perspective of the reasonable person, a magistrate (or police officer) must also have regard to contemporary community standards, and the context in which the words were used. 1: Offensive language crimes across Australia Jurisdiction Words punishable Location Punishment ACT Riotous, indecent, offensive or insulting behaviour In, near, or within the view or hearing of a person in, a public place $1 000 NSW Offensive language In or near, or within hearing from, a public place or a school $660 fine or a $500 CIN NT Profane, indecent, obscene, threatening, abusive or objectionable offending, or causing substantial annoyance to a person In or within the hearing or view of any person in any road, street, thoroughfare or public place $2 000, six months imprisonment, or CINs of $144 (profane, indecent or obscene $288 (threatening, abusive or objectionable words, offending or causing Trial
substantial annoyance); or $432 (obscene language) Offensive, obscene, indecent or abusive language The person’s behaviour must interfere, or be likely to interfere, with the peaceful passage through, or enjoyment of, a public place by a member of the public $1 100, six months imprisonment, or police may issue a CIN of $126.15 or $378.45 if within licensed premises SA Offensive, threatening, abusive or insulting, indecent or profane language In a public place or a police station (profane or indecent words are punishable if audible from such a place, which is audible from a public place or neighboring or adjoining occupied premises, or the person intends to offend or insult any person) $1 250 or three months imprisonment (for offensive, threatening, abusive or insulting language) or $250 (indecent or profane language) Tasmania Profane, indecent, obscene, offensive, or blasphemous language; or threatening, abusive, or insulting words In any public place, or within the hearing of any person in that place Three penalty units or three months imprisonment Victoria Profane, indecent or obscene language; or threatening, abusive or insulting words In or near a public or within the view or hearing of any person being or passing therein or thereon 1st offence: 10 penalty units or two months imprisonment; 2nd offence: 15 penalty units or three months imprisonment;