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Topic
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A neighbour objecting to a new apartment block next door has advised the Council prior to approval that he is a naturalist and will continue to worship the sun in his own backyard.
Can he be forced to cover up?
As part of the DA should potential buyers be advised that he will be continuing his activities?
Should all units on that side be screened???
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I my opinion there is nothing that you could do or possibly should do. There is a difference between public and private places.
My reasons for the above comment:
(1) This may be a phurffy designed to dissuade the developer from continuing with the development.
(2) Is the naturist an owner or a tenant? In any case, the naturist will not be living next door forever i.e. the bricks and mortar of the development will outlast the naturist.
(3) A non naturist neighbour may at any time be replaced by a naturist i.e. you cannot guarantee that you will forever have neighbours of your choosing.
(4) If a buyer does not approve of the view of the naturist then they can install curtains.
(5) Being a naturist in their own back yard is not a criminal offence but if they can be seen by neighbours then the neighbours can complain and request an order from the court that they stop.
(6) There are laws against indecency but the naturist would have to cross the line to be deemed to be have acted indecently.
https://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s61n.html
and
https://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s5.html
Firstly, just to save my editing fingers, there is a difference between a naturalist and a naturist. David Attenborough is a naturalist – he seems to get by without succumbing to the urge to remove all his clothes.
He would only be a naturist if he frequented nude beaches or did his TV shows in the buff. So far there is no evidence of either of these things having occurred.
The gentleman in this post may well be a naturalist but, in threatening to expose himself to the world, he is a potential naturist.
And getting back to the question, I did what everybody else does in these situations and consulted the Interweb. Here is the response on JustAnswers:
If you are in your private home it is not an issue.Backyard will depend on whether you can be seen by your neighbours and whether they complain. It is not a criminal offence but if they complain they can get an order from the court that you stop.Outdoors and in public other than nude beaches it is a criminal offence and all states have their own laws.It also comes down to intent. If you are doing it deliberately to offend people or for some weird kinky sexual pleasure, it comes under the Crimes act and it is an act of indecency.According to this website, Obscene Exposure is defined thus: “A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person.”
“Obscene” is defined as something that would offend a reasonable person.
In the circumstances outlined above, the greatest danger is that the local council will dismiss the objection as bogus, flippant and mischievous, undermining legitimate and well-founded opposition to the plan.
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I have OC neighbours who are naturalists (two specialise in raptors), ecologists, biochemists, molecular biologists, physicists (that sounds really dodgy), geologists, engineers of various persuasions. That’s just the sciencey types before we get to the architects, teachers, librarians, lawyers, diplomats, historian, artists and so on.
This sort of problem can happen anywhere!
Hi Jimmy,
May I add something to your note: “A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person.”
We have (on occasion) had a drone flying past our apartment (5th floor, opposite public beach). Our bedroom opens onto a balcony directly facing the beach.
After some deliberation while watching the drone, I got out of bed (naked) and watched the drone – it was about 30 m away directly at my height.
I don’t know if the drone was filming the beach or me.
Being naked and in full view of the drone, am I acting obscenely?
In my opinion you are not in a public place or open to the public when you are within your Lot on your balcony. If you were in your front garden of a suburban Lot rather than your back garden it may be a different issue.
“To sustain a conviction, the prosecution must prove beyond a reasonable doubt that you had the requisite intention to expose yourself, and that it was in or within the view of a public place or school. As this is a summary offence, the matter will be heard and finalised in the Local Court.
Exposure in the context of the Act refers to the revealing of your genitalia in a public place. This can include exhibitionism or public nudity, and there is no requirement for a sexual act to be performed. Examples range from streaking at a public sporting event to flashing genitalia to a partner in a public place. A public place for the purpose of this section is taken to mean a place that is open to or used by the public. It is not necessary for someone to have seen the exposure, but instead the focus is on whether the offender has or should have a reasonable belief that others could see the transgression. This law is based on the belief that obscene exposure goes against accepted community standards.” (my emphasis)
– See more at: https://criminal-lawyer.com.au/obscene-exposure-lawyers-sydney/#sthash.ZEL5wo55.dpuf