20/10/2025
A campaign update, we have recently changed stance on our understanding of nuisance exposures covered by Section 17(1A) of the Victorian Summary Offences Act 1966.
Our revised understanding of Section 17(1A) suggests that while indecent behaviour can include exposure to any extent, application of the law is left entirely to the discretion of local law enforcement and the courts. Formerly we interpreted Section 17(1A) to mean that any nudity automatically constitutes an offence, however this is not what the clause indicates.
The fundamental issue that remains is Section 17(1A) has no way to properly discern between harmless nudity like non-sexual naturism and nudity conducted with harmful intent, like mooning. International jurisdictions like the UK, and even Section 19 of the same Act, have safeguards in place to prevent mere exposure from being treated as a crime. Section 17(1A) has none of these safeguards, which leaves any harmless expressions of nudity in public view outside our three beaches at constant risk of prosecution.
The constant threat of prosecution, and the ongoing chilling effect it has on all harmless expressions of nudity in Victoria, is a violation of rights guaranteed by the Victorian Charter of Human Rights and Responsibilities, and a significant overreach of the law.
Our revised proposal aims to bring legal clarity to Section 17(1A) through the insertion of an intent-based safeguard. We have sent through our proposal to the Victorian Attorney-General and are awaiting a response.
A Tweak to Section 17(1A) of the Victorian Summary Offences Act 1966 From: Dr. Toby Potter - Australian Representative for the Christian Naturist Fellowship, with significant contributions from Michael James - Victorian State Representative, Australian Naturist Federation, and Organiser, World Na...
