22 February 2016
Dear Police Commissioner
This letter is written to inform you of the likely legal consequences of future actions by your police officers, and to respectfully request that such actions be avoided by police officers. It will be tendered in a court of law and before relevant commissions, should that prove necessary. My name is Dr. Mark McGovern, and I am a plastic and reconstructive surgeon practising in Maroochydore for some 22 years, however I write this letter in my capacity as Queensland President of the Australian Sex Party, a federally registered political party.
As you are likely aware, Noosa Police are engaged in an ongoing campaign of prosecuting male naturists only for “wilful exposure” at Alexandria Bay within Noosa National Park. Despite Alexandria Bay having been an unofficial clothing-optional beach for some 70 years, and having hosted an annual Nude Olympics for some 30 years, the spate of at least half a dozen prosecutions has only recently begun.
Noosa Police have repeatedly confirmed that only males will be prosecuted, because, to quote police, only male genitalia “hangs out.” Not only has a police prosecutor confirmed this sexist policy to a Sunshine Coast Daily newspaper reporter, Noosa Senior Sargeant McReight has again confirmed it to myself in telephone conversation. This ongoing policy of Noosa Police is comically sexist, ignoring as it does the existence of the female labia and clitoris, and repeated reference in the Queensland Summary Offences Act 2005, Number 4, Section 9 to “his or her genitalia.” Police are indubitably guilty of “sex discrimination,” contrary to Section 5 of the Commonwealth Sex Discrimination Act 1984. Police are also guilty of “direct sex discrimination” under Section 10 of the Queensland Anti-Discrimination Act 1991, and also guilty of “discrimination in administration of state laws” under Section 101. Furthermore, circumstances of profound aggravation exist, in the form of perpetration by police officers through a stated policy of selective prosecution! Both acts state that sex discrimination occurs where, because of the sex or sexual characteristics of a person, he or she is treated less favourably than a person of a different sex. Clearly, this is the ongoing practice of Noosa Police.
Legal advice of impeccable quality taken by the Queensland Branch of the Australian Sex Party is unequivocal in stating that a court of law is likely to disregard and annul the limited immunity from prosecution which police officers normally enjoy in the performance of their duties, where those police officers knowingly and recklessly breach the law, and particularly where circumstances of aggravation exist. By virtue of receipt of this registered mail letter, both yourself and the police hierarchy are HEREWITH notified that further “sex discrimination” and “discrimination in administration of state laws” of this nature by Queensland Police will result in prosecution of the arresting officers and the entire police chain of command above them, under the Queensland Anti-Discrimination Act 1991. Such prosecution will be undertaken against both Queensland Police and against each individual officer, given that their normal limited immunity from prosecution will be null and void.
In particular, the attention of police is drawn to the forthcoming Thirty-First Annual Nude Olympics to be held at Alexandria Bay on Sunday, March 6, an event which usually attracts some 500 naturists, and which has never been the subject of police prosecution in the preceding thirty years. The prospect of mass police arrests for “wilful exposure,” and massive retaliatory prosecution of police officers for breaches of the Queensland Anti-Discrimination Act 1991, is of great concern. Underlining these concerns, Noosa Senior Sargeant McReight has recently been quoted in the local press as saying that the forthcoming Nude Olympics would be “interesting,” now that a court has rejected an appeal against one of these “wilful exposure” convictions.
The Queensland Branch of the Australian Sex Party has already undertaken a campaign seeking community support for a minor amendment to the Queensland Summary Offences Act 2005, which would devolve to councils the power to exempt an area (including an area within the shire’s national parks) from the “wilful exposure” provisions of the Act. We have now lodged with the Queensland Attorney General our submission, which includes a legally drafted suggested amendment, and evidence of broad community support with letters of support from the Noosa Chamber of Commerce and Industry, and the peak body for all such chambers, Chambers of Commerce and Industry Queensland (CCIQ), amongst others.
The Australian Sex Party respectfully requests that police do not further inflame the situation through further sex discrimination, whilst the Attorney General considers the merits of our submission.
Yours sincerely,
Dr. Mark McGovern,
Queensland President,
AUSTRALIAN SEX PARTY
0407-128815 | This email address is being protected from spambots. You need JavaScript enabled to view it.