Breaking the law in a public place

A public place is anywhere that is open to, or used by, the public (either for free or for a fee), for example, a street, shop or bus or train station.  

There are laws about what you can and can’t do and how to behave in a public place.  

When you need legal advice

Get legal advice if you’ve been:

  • charged with an offence and are going to court
  • issued with an on-the-spot fine for a public nuisance offence and want to know the consequences of it appearing in your criminal history
  • charged with a public prostitution offence.

How to get legal advice

Illegal behaviour in a public place

You’re breaking the law if you:

  • commit a public nuisance offence—this includes behaviour that's offensive, disorderly, threatening, violent and if what you're doing interferes with someone else moving through or peacefully enjoying a public place
  • urinate in a public place (not including public toilets).

If you commit one of these offences, police can:

  • fine you for the offence—there’s no conviction recorded for an on-the-spot fine, but police will keep a record of its issue and could use it later in court
  • arrest and charge you with an offence and you must go to court.

There can be more serious penalties for committing some of these types of offences in or near a licensed premise.

Being moved on

A police officer may tell you to leave a public place or a regulated place and not return within a reasonable time (no more than 24 hours) if they reasonably suspect that:

  • your presence or behaviour is causing anxiety to someone (and that anxiety is reasonable in the circumstances)
  • your presence or behaviour is interfering with trade or business by getting in the way of people entering or leaving a place
  • your presence or behaviour is disrupting an event or gathering at the place
  • your behaviour is disorderly, indecent, offensive or threatening to someone else.

The police officer must tell you why you are being told to leave.

If a police officer asks you to leave—you should do so. If you don't, you may be breaking the law.

Prostitution and sex workers

There are laws covering sex workers and their clients. Prostitution in licensed brothels is legal in Queensland, but street prostitution is illegal.

Without a licence, permit or authority, it’s against the law to:

  • offer someone sex for money or money for sex
  • accept the offer
  • participate directly or indirectly, in any service (such as making a phone call, arranging transport, allowing the use of premises) that enables prostitution to occur.

Learn more about sex work and the law

How to get legal advice

What to do if you’ve been charged with an offence 

We can’t provide a lawyer to attend a police interview with you.

We may give legal advice about breaking the law in a public place.

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Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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