NSW Public Offence

[Knightmare]

It is an offence under s 4A of the Summary Offences Act 1988 (NSW) to use offensive language in or around a public place or school.

Under the noses of staff at my public library, and in plain view of all, a mother used the library as a toilet while changing her child.

Surely this is a public offence "in and around a public place".

Can I sue the local council?

 

[perjury]

4 Offensive conduct​

(1) A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school.

seems more fitting
However, if the exposure was that of her child, it would depend on the age of the child.
"used library as a toilet" implies actually toileting rather than using the library as a change room, which are now integrated in some toilets.

Reasonable excuse applies as a defence

 

[Knightmare]

Surely. I recommended to the Mayor that a "management review" (wink wink) should be performed on library management. He stated it was not within his power to recommend such - what he there for???

Anyways nothing has been done. Again, can I sue the council? The Health Dept has failed to provide me with a reply to my complaint also.

 

[perjury]

you need to identify which law was breached in the act (cause of action)
secondly, you need to provide evidence of what happened to apply against the fact of the alleged wrong

 

[Rod]

Again, can I sue the council?

No