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Charged with offensive language in NSW.

It’s one of the least serious offences in the Local Court, but a conviction still means a criminal record. Here’s what counts as offensive, and what the court looks at.

Legal content by Daoud LegalLast reviewed 28 September 2026Applies in New South Wales
At a glance
$660Maximum fine
No gaolImprisonment is not a penalty
$500Typical on-the-spot penalty notice
RecordA conviction creates a criminal record

Offensive language is a summary offence dealt with in the Local Court.

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The offence

What is offensive language in NSW?

Offensive language is defined under section 4A of the Summary Offences Act 1988 (NSW) as language that would wound the feelings, arouse anger or resentment, or disgust in a reasonable person. It is a summary offence, meaning it is considered less serious and is dealt with in the Local Court.

What the prosecution must prove

What counts

Context matters more than the word

Courts apply the “reasonable person test”. A “reasonable person” is reasonably tolerant and understanding, and contemporary in their reactions (Ball v McIntyre (1966) 9 FLR 237).

Common swear words, while common in today’s society, will still depend on the context in which they are said, and whether they have a “tendency to be offensive” (Connolly v Willis [1984] 1 NSWLR 373). Hate speech or racial slurs are almost always deemed offensive.

In general, merely using a word as an expression of frustration, fear, surprise, affection, or embellishment will not amount to offensive conduct. Using the same language in a threatening or aggressive manner towards someone is more likely to be considered offensive.

Where it applies. The offence applies to language used in or within hearing of public places or schools. Even if no members of the public are around, language can still be offensive if it’s in a public place (Stutsel v Reid (1990) 20 NSWLR 661). If people were present and offended, this may influence the severity of the penalty.

Penalties

Penalties and your options

The offence of offensive language in NSW carries a maximum penalty of a fine of $660 (six penalty units). Offensive language offences under section 4A of the Summary Offences Act 1988 (NSW) do not carry imprisonment as a penalty.

Courts may also impose a community correction order, which can include up to 100 hours of community service.

Penalty notice

Police may issue an on-the-spot fine, typically $500, which does not require a court appearance. Paying the fine resolves the matter without a criminal record.

Court attendance notice

This requires a court appearance and may result in harsher penalties if convicted. Courts consider factors like prior offences and the severity of the language used.

Election to court

You can choose to have a penalty notice dealt with in court, allowing you to put your case and potentially avoid a conviction.

A conviction

A conviction results in a criminal record, which can impact employment, travel, and other opportunities.

Defences

Reasonable excuse and other defences

Under section 4A, a person can avoid conviction if they prove they had a reasonable excuse for their conduct, on the balance of probabilities. A reasonable excuse is determined objectively. If someone used offensive language due to extreme pain or a medical emergency, this could be seen as a reasonable excuse.

A defended hearing is a different job from a guilty plea. Court Mate helps people prepare for sentencing after a guilty plea. If you want to fight the charge, Daoud Legal runs defended hearings directly.

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Talk it through with us. A short conversation works out whether yours is a matter you can run yourself, and a solicitor at Daoud Legal - Criminal Defence reviews every matter before anything goes near a courtroom.

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Questions

The things people actually ask

What penalties can be imposed for offensive language in NSW?
The maximum penalty is a $660 fine. Courts may also impose a community correction order with up to 100 hours of community service. There is no imprisonment.
How does a penalty notice differ from a court attendance notice?
A penalty notice is an on-the-spot fine with no court appearance, while a court attendance notice requires a court appearance, potentially leading to harsher penalties.
Where does the offence apply?
In or near public places or schools. A public place includes any area open to the public, and schools cover government and non-government schools as well as child-minding centres.
Does someone have to actually be offended?
No. The presence of actual people is not required for a conviction; it is enough that a reasonable person could have been offended if present.
What is a “reasonable excuse”?
An objective standard where a magistrate determines if an average person would consider the excuse justified under the circumstances, such as extreme pain or a medical emergency.
What are the long-term implications of a conviction?
A conviction results in a criminal record, which can impact employment, travel, and other opportunities.
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