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Our world is an every-changing place and today’s society is one that is vastly different from that of our grandmother’s time. Advancements in technology, environmental degradation, shifts in social attitudes and changing family structures are just some of the factors which create differences between today’s society and those in the past. In parallel to social changes, the legal system must also change in order to accommodate society’s needs. Realistically though, the law is seldom found itself in advance to society’s changes, thus presenting an array of issues and dilemmas which can only be alleviated with the introduction of new laws of the development of current laws. Recently, there has been much controversy directed at the law that bans nude bathing on Queensland beaches. This issue is legislated under the Vagrants, Gaming and Other Offences Act 1931 (QLD). S4 states that: Any person who without lawful excuse wilfully exposes his or her person in view of another person in public shall be liable to either a $100 fine or imprisonment for 6months. Laws in all other States and Territories provide for nudist beaches and those found nude in designated areas will not be prosecuted. The principle argument is that the law is not concurrent with social changes and the values embedded in the law are not only antiquated, but is also seen as being both discriminatory and grossly unfair in the modern era. At the time the law was passed, the situation of acceptable public nudity was not envisaged by lawmakers. Like many other minority groups, the nudist community were heavily discriminated against on the basis of their “different” interests. However, the past 70 years has seen a huge shift in social values. Due to an increase in cultural diversity, our society has become more accepting of differences in the form of race, gender, culture. Nude bathing is now seen as a choice of lifestyle for individuals rather than an act of obscenity. This is reflected in a modern-day landmark decision from the courts which established that the sole act of being nude is not offensive.
Approximate Word count = 1318 Approximate Pages = 5.3 (250 words per page double spaced)
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