Submission to the review of the Summary Offences Act 1988 (police move-on powers) - February 2013

NSWCCL has made a submission to the NSW Ombudsman concerning their review of the Summary Offences Act 1988 Section 9: Continuation of intoxicated and disorderly behaviour following a move on direction.

The submission expresses concerns regarding the loose definition of 'disorderly' conduct, and the subsequent high degree of discretion granted to police in determining whether behaviour is disorderly.

"In the view of the NSW CCL, behaviour can only be considered 'disorderly' if it disrupts the order of the environment for other people at the time the behaviour takes place or some in the future - behaviour can only be considered 'disorderly' in respect of its impact on other people. It makes no sense for behaviour to be considered disorderly if there is no disorder created for one or more other persons."

Click here for the submission