Legislation. The offence of Offensive Language is contained in section 4A of the Summary Offenses Act 1988 which states: “A person must not use offensive language in or near, or within hearing from, a public place or a school.”
CarExpert spoke with a NSW Police officer who said that by swearing at an officer you are “not doing yourself any favours”, and that, on a technicality, you could be charged with an offence, especially if your foul language can be heard in a public place and/or by members of the public.
Anyone caught can be fined up to $660. They might even be required to complete up to 100 hours of community service if they swear near a school. Over in South Australia, the maximum penalty is $1250 or three months' imprisonment.
Generally, cursing in public is not an illegal offense. However, there are some instances where you still could be charged with disorderly conduct when cursing. This includes: If your language incites violence.
According to Malcolm, if someone is swearing at you directly in an aggressive way, you do not have to respond to them. Ignoring someone who is using profanity to insult, abuse or harass you is often the recommended first course of action.
Generally speaking, any action or behaviour – from rumours, swearing, verbal abuse, pranks, arguments, property damage, vandalism, sabotage, pushing, theft, physical assaults, psychological trauma, anger-related incidents, rape, arson to murder – are all examples of workplace violence or harassment.
Your employer can fire you over your use of inappropriate or profane language.
It is an offence to use offensive language in or near (or within hearing from) a public place or a school in New South Wales, under section 4A Summary Offences Act 1988 (NSW). This offence may be dealt with by way of a fine only (penalty notice) which will not result in a criminal conviction if paid.
Cursing is sometimes allowed but never to degrade or bully anyone, in or outside of the family. Some parents allow their tweens/teens to curse out of frustration, but forbid profanity-filled name calling. There is a big difference between cursing because you stubbed your toe and cursing at someone in a degrading way.
At any age. Curse words are part of the English language, and therefore should be fair game. What kids should learn however, especially at very young ages, is to expand their vocabulary— there are many words one can use to express themselves, and they should use as many as possible.
Obscene Gestures: Raising one's middle finger or making the 'V' sign with one's palm facing oneself is considered very rude in Australia. Beckoning: Australians beckon people by waving them over with their palm facing up.
Constitutional law protection
The Australian Constitution does not explicitly protect freedom of expression. However, the High Court has held that an implied freedom of political communication exists as an indispensable part of the system of representative and responsible government created by the Constitution.
Section 16 of the Human Rights Act 2004 says that: Everyone has the right to hold opinions without interference. Everyone has the right to freedom of expression.
Behaviour that is unlawful in public
The laws about behaviour in public relate to things like: making graffiti. behaving in a way that causes offence to other people, like racial vilification, swearing and using obscene language or exposing your genitals.
There is no specific offence of swearing at a police officer, and in fact it is not a specific crime of swearing in public, only of causing “harassment alarm or distress” under the Act mentioned above.
Public profanity is an offence in every jurisdiction in Australia.
Children aged 5-11 years might swear to express emotions, get a reaction, or fit in socially. It's good to talk with children about swearing. They can understand that some words hurt or offend others. You can help children find other ways to express emotions.
Although there's no hard-lines or consensus on a certain age, the general recommendation will be: Never use the f-word if you are under the age of 13. Strongly avoid using the word if you are under the age of 18.
Swearing: preschoolers. Young children might swear to get attention, express frustration, try out words, or copy other people. It's often best to ignore swearing in toddlers and preschoolers. When your child is old enough to understand, you can explain why swearing isn't OK.
The law says that while you are under 18, you aren't allowed to consent or give permission to ask for, take, send or keep sexy pics. The age of consent to sex in NSW is 16 but the age of consent when it comes to sexting is 18.
It is not against the law to sext if you and the person you are sexting with are both 18 years or older and consent to the sexting. It is against the law to ask for, make, or send sexual content of someone under 18 – even of yourself or someone you know.
In NSW, consent to a sexual activity with a person who is under 16 can be a defence to sexual crimes if both people are 14 or over, and the difference in age is not more than 2 years. It is a crime for a person to do a sexual act with another person who is under 14 years old.
Can your boss legally swear at you? Yes, as there is no law prohibiting foul language at work. If your employer has a policy against it, then you can report the manager to human resources, but don't expect much of a response.
So, as long as you're not swearing at someone or using profanity or any language to attack someone, you should be alright, right? Not necessarily. Business professionals and linguistics alike say it's important to understand your organization, team dynamics, and expectations before letting the swear words fly at work.