Prescribed public nuisance offences and
associated offences – supporting mental
health consumers
1. What is a ‘prescribed public nuisance
offence’?
A prescribed public nuisance offence is a simple
offence which disrupts or is likely to disrupt the peaceful
passage through, or enjoyment of, a public place. A
public nuisance offence involves the following:
 behaving in a disorderly, offensive, threatening or
violent way; and/or
 the use of offensive, obscene, abusive and
threatening language.
Police officers may issue an infringement notice for a
public nuisance offence instead of commencing court
proceedings for the offence. An infringement notice is a
ticket with a payable fine. Fines can range from $100 to
$300 for an offence.
2. What is an associated offence?
An associated offence is one committed at the time the
police officer is dealing with a public nuisance offence.
There are two types of associated offences:
 obstructing police during the issuing of the ticket
 not stating correct name and address.
An offence of this nature may result in an additional
ticket being issued or a charge.
3. What happens when a person commits
these offences?
Before issuing a ticket, a police officer will attempt to
engage in de-escalation, informal resolution and referral
to an appropriate agency.
In deciding whether to issue a ticket, police officers are
required to identify, to the best of their abilities, whether
the person has special needs or circumstances
affecting their judgement and/or capacity to act in a
socially appropriate way. This includes having a mental
illness, impaired capacity or a substance use problem.
4. What if a child commits a public nuisance
offence?
Police officers may issue an infringement notice to a
child (person under the age of 17 years) only if the child
would otherwise have had court proceedings
commenced against them for the offence or if
alternative options for resolution have been exhausted.
5. Options available within 28 days of
receiving the ticket
A clinician may assist the consumer with decision
making about these options and completing the relevant
processes.
1. Pay the fine in full according to the instructions on
the notice.
2. Pay by instalments to the State Penalties
Enforcement Registry (SPER) by applying for a
Voluntary Instalment Plan if the infringement is
$200 or over, and a $60 instalment is paid toward
the QPS before the infringement due date. Refer to
infringement notice for information on eligibility and
how to apply for a Voluntary Instalment Plan.
3. Elect to have the matter heard in court by
completing the ‘Election for Court Hearing’ section
on the reverse side of the infringement notice and
forwarding the completed form to the reply address
within 28 days from the date of notice.
4. Ask to have the fine waived and the ticket
withdrawn. If this option is to be pursued, the
treating team should consider whether the
consumer’s offending behaviour was affected by
their mental illness or mental condition at the time
of the offence. Consideration should also be given
to clinical interventions which may assist the
consumer to avoid such tickets in the future.
If it is established that the consumer’s behaviour
was affected by their mental illness or mental
condition at the time of the offence, a senior
clinician (e.g. doctor, team leader), with written
consent from the consumer, should write to the
Officer-In-Charge of the local police station where
the offence occurred (this may differ from the
consumer’s residential area), requesting the ticket
be withdrawn due to the effect of the consumer’s
mental illness/mental condition on their offending
behaviour.
6. What happens if the fine is not paid within
28 days?
The matter will be referred to SPER and registered as
an unpaid debt. A registration fee will be added to the
outstanding fine. SPER will issue an Enforcement
Order and mail it to the person.
Note: Infringement notices issued to children are not
enforceable by SPER and remain the responsibility of
the Queensland Police Service.
When a person does not comply with the requirements
of the Enforcement Order, SPER may take one or more
enforcement actions against the person including:
 suspend a driver’s licence
 direct an employer or financial institution to deduct
funds from wages or a bank account
 register an interest over property
 seize and sell property
 issue a warrant for arrest and imprisonment.
Where applicable, SPER may charge an additional
enforcement fee for one or more of the above actions.
7. Options available within 28 days of
receiving written notice of an Enforcement
Order
A clinician may assist the consumer with decision
making about these options and completing the relevant
processes.
1. Pay the fine in full within 28 days through SPER.
2. Pay the fine by instalments (if over $200) to SPER.
3. Apply for a Fine Option Order which converts
fines/orders into unpaid community service hours to
be completed with supervision by a Queensland
Corrective Services Officer (application forms are
available at all Magistrates Courts and from SPER).
If the consumer is unable to undertake community
service work, they may be eligible for a Good
Behaviour Order. A Good Behaviour Order
application will only be considered if the consumer
has a long-term or permanent medical condition
(including a mental illness or mental condition) and
the application must be accompanied by a doctor’s
report. If this option is to be pursed, a doctor or
psychiatrist, with the consumer’s consent, should
consult the SPER Individual Consideration Team
about the impact of the consumer’s mental illness
or mental condition on their ability to undertake
community service work and the application
process for a Good Behaviour Order.
4. Ask to have the Enforcement Order removed and
the fine waived. If this option is to be pursued, a
senior clinician (e.g. doctor, treating psychiatrist)
with written consent from the consumer, should
write to the SPER Registrar requesting that the
Prescribed public nuisance offences and associated offences – supporting mental health consumers
debt be waived due to the effect of the consumer’s
mental illness/mental condition on their offending
behaviour. It is advisable that the SPER Individual
Consideration Team is consulted in relation to
making this request.
8. Mental Health Intervention Project
Local partnerships between Queensland Health Mental
Health Services and Queensland Police Service
through the Mental Health Intervention Project are
critical to ensuring consumers are not unnecessarily
involved in the criminal justice system and that their
rights, as well as those of the community, are protected.
9. Further information
SPER
Telephone: 1300 365 635
www.sper.qld.gov.au/
SPER Individual Consideration Team
Telephone: 1300 131 510
Email:
sper.individualconsiderationteam@osr.treasury.qld.gov.
au
Mental Health Act Liaison Service
Telephone: 07 3328 9899
10. Related resources
Queensland Police Service – Public Nuisance Ticket
Information Sheet
Mental Health Act 2000 Resource Guide
Mental Health Act 2000
Summary Offences Act 2005
Summary Offences and other Acts Amendment Act
2008
Police Powers and Responsibilities Act 2000
State Penalties Enforcement Act 1999
Acts Interpretation Act 1954
Justices Act 1886
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