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ARTICLE · 22 NOVEMBER 2022

Offensive language and behaviour offences in NSW

Offensive Language & Offensive Behaviour laws in NSW discussed - definitions, penalties, defences & examples.

AustraliaCriminal Law

KEY TAKEAWAYS

Offensive language is defined as language that would wound the feelings, arouse anger or resentment or disgust or outrage in the mind of the hypothetical reasonable person present according to current community standards. If dealt with in court, offensive language does not carry a penalty of imprisonment, while offensive conduct carries up to 3 months imprisonment. Both offences, if dealt with in court, carry a fine of up to $660. You will not be required to attend court if police issue you a “penalty notice” or “on-the-spot fine” for either of these offences. A penalty notice fine for offensive language or offensive conduct/behaviour is $500 and will not result in criminal conviction or any further penalty if paid. If you're issued a “court attendance notice” for offensive language or offensive conduct/behaviour you must attend court to answer the charge.

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