New South Wales Police Force strip search scandal
The New South Wales Police Force strip search scandal refers to a policing scandal surrounding the routine and arbitrary use of strip searches by members of the New South Wales Police Force. Particular concern centred around the use of strip searches "in the field", the term used by NSW Police to refer to the practice of conducting strip searches outside of a police station. Following the introduction of a controversial law in 2001, police in New South Wales were given the power to deploy specially trained drug detection dogs at large scale  public events, licensed venues, and on selected routes across Sydney's public transport network. In 2006 the New South Wales Ombudsman completed a comprehensive review of strip searches and identified a number of issues relating to their use, including civil liberties concerns, false positives, and low rates of accuracy. The report noted that during a two-year period between February 2002 and February 2004, NSW Police had conducted 10,211 personal searches resulting from positive drug detection dog indications. Most of those searches had either been a pat down or a search of a person's belongings, however in several cases , officers had made the decision to proceed to a strip search. The Ombudsman stressed that such incidents were rare at the time. As early as 2010, initial reports began appearing online alleging that NSW Police were routinely using indications from drug detection dogs as a justification for conducting strip searches. Since that time, the practice was documented through various news reports and firsthand accounts published on social media. Particular controversy surrounded the use of strip searches at large scale public events such as music festivals in New South Wales, where in the aftermath of a drug detection dog indication, patrons  were typically escorted to a fenced off compound inside the venue. Inside these compounds, NSW Police employed the use of structures such as ticket booths, tents, makeshift partitions and police vans to conduct both strip searches and less invasive general searches. In cases where a strip search was conducted, patrons recalled being asked to lift their breasts or genitals, bend over, spread their buttocks, squat and in some cases cough while either partially or completely naked. Many described these incidents as humiliating, embarrassing and degrading, with some alleging that they were crying while a search was being performed or began  to do so shortly after a search had been conducted. Separate reports documented similar incidents taking place at train stations and licensed venues across New South Wales, where police reportedly employed the use of public toilets or other private spaces to perform strip searches during drug detection dog operations. Statistical data obtained from NSW Police showed that in the six-year period between 1 July 2014 and 30 June 2020, police officers conducted 27,835 strip searches 'in the field'. Of that number, 5,659 were recorded as having taken place in the aftermath of positive drug detection dog indications, with the  same figures revealed that an additional 63,302 general searches resulted from the use of the dogs had also been carried out during this period. At the Splendour in the Grass music festival in July 2018, it was revealed that over the course of two days, officers had carried out 512 personal searches, with 143 of those searches being strip searches. More than 90% of strip searches conducted at the event had resulted in no illicit substances being found. In October 2018 the Law Enforcement Conduct Commission, the State's newly established police watchdog, launched a formal investigation into the use  of strip searches by NSW Police, citing complaints from members of the public and wider community concerns surrounding the practice. A final report handed down in December 2020 noted that "a recurrent issue throughout the Inquiry was the failure of officers to comply with, or at least to properly account for their compliance with, the legal thresholds for conducting a strip search". The Commission also noted that there had been a "significant increase" in the "number and proportion" of strip searches carried out following drug detection dog indications in the five years between 2014 and 2019. Figures published in the  report showed a marked reduction in the number of strip searches conducted in the field during the first half of 2020, a change that was largely attributed to the cancellation of music festivals in New South Wales due to the COVID-19 Pandemic. Background. Drug policy in New South Wales was a contentious political issue throughout the 1990s. Findings handed down by the Wood Royal Commission into Police Corruption in 1997 noted that a significant amount of the corruption uncovered throughout the inquiry had been "connected to drug law enforcement". The Commission had exposed "systematic and entrenched" corruption within the New  South Wales Police Service (later changed to New South Wales Police in 2002 before being renamed the New South Wales Police Force in 2006) across a number of areas, uncovering cases of bribery, assault, evidence tampering and other misconduct, including instances where officers were found to have participated in the supply of drugs or had been involved with drug dealers. At the conclusion of the inquiry, adverse findings were made against 284 officers, seven of whom were later jailed. In his final report, Justice Wood expressed the opinion that a criminal approach to drug use in New South Wales had  enabled police corruption, suggesting the formation of a national commission or summit to discuss alternative approaches, citing the need for a "meaningful strategy" to "address the problems of drug supply, use, and rehabilitation". In 1999, a week-long drug summit was convened at Parliament House by newly re-elected Premier Bob Carr. In July 2000, an upper house inquiry was launched in response to the ongoing issue of drugs and organised crime in the Southwestern Sydney suburb of Cabramatta. In March 2001, the Premier announced a suite of new measures aimed at addressing the situation, including the deployment of additional  police resources and a team of drug detection dogs to the area. As part of the security operation in place for the Sydney 2000 Olympic Games, the NSW Police Dog Unit had taken delivery of an additional 30 sniffer dogs, with many being repurposed as drug detection dogs at the conclusion of the event. By the time of the Premier's announcement in March, a group of 14 specially trained drug detection dogs had entered service with NSW Police for general duties policing, with aim of targeting "street-level drug dealing across Sydney entertainment areas and at music festivals". Despite  the absence of legislation governing their use, by early 2001, NSW Police had routinely begun deploying the dogs at a variety of locations across the state, including clubs, licensed venues and public transport precincts. In one operation carried out in October, "more than 1000" nightclub patrons were searched during coordinated raids involving an estimated 300 officers and nine drug detection dogs. These operations drew criticism from a number of community organisations and civil liberties groups, including the NSW Council for Civil Liberties, the AIDS Council of New South Wales and Redfern Legal Centre. In opposing their use, Redfern Legal Centre  assisted in the preparation of several test cases aimed at challenging the legality of drug detection dog operations in the state's courts. In one such case ("Police v Darby"), a man had been charged with possession of cannabis and methamphetamine after being stopped by a drug detection dog in February earlier that year. At a hearing in November, a Local Court Magistrate dismissed the charges, ruling that the act of the dog "nuzzling" and "sniffing" the man constituted an unlawful search. Responding to the Court's decision in "Darby", on November 27, Opposition Leader Kerry Chikarovski introduced a bill  aimed at clarifying the powers available to police in relation to drug detection dogs. The proposed legislation was not supported by the government. On December 6, newly appointed Police Minister Michael Costa introduced his own bill, similar to the one which had been put forward by the Opposition Leader. "The bill is aimed primarily at detecting and prosecuting persons committing offences relating to the supply of prohibited drugs and plants. ... It is clear that the activity envisaged is drug dealing" he said in relation to the proposed legislation. On his first day as Police Minister on November 21, Costa had  declared his support for the use of drug detection dogs in New South Wales, promising "to make lawful the use of drug sniffer dogs in random street searches if current legislation proved to be flawed". Despite opposition from some crossbench MPs, the bill passed with bipartisan support. The new legislation, the "Police Powers (Drug Detection Dogs) Act 2001," gave NSW Police the power to deploy drug detection dogs at major public events, licensed venues and on selected routes across Sydney's public transport network. 2006 Ombudsman's Report (drug detection dogs). Conditional to the passage of the "Police Powers (Drug  Detection Dogs) Act 2001", New South Wales Ombudsman Bruce Barbour was given the task of overseeing initial drug detection dog operations carried out under the legislation, with a report to be tabled to the Attorney General and Commissioner of Police at the conclusion of a two-year review period. In a final 400-page report handed down in June 2006, the Ombudsman criticised the use of drug detection dogs in New South Wales, describing them as an "ineffective tool" for catching drug dealers and questioning whether the legislation governing their use should be "retained at all". A key issue identified  in the report were the low number of instances where illicit substances had been found in the aftermath of positive drug detection dog indications. Between February 2002 and February 2004, NSW Police had conducted 10,211 personal searches resulting from the use of the dogs. Of that number, 74% (7547) had resulted in no drugs being found, while in the 26% (2664) of cases where illicit substances were recovered, only 141 incidents (1.38%) had been recorded as involving a traffickable or "deemed supply" quantity of drugs (the amount required to necessitate a drug supply charge in New South Wales). On the  basis of these findings, the Ombudsman recommended that police guidelines be amended to remove suggestions that officers have a "reasonable suspicion to search a person based solely on a drug detection dog indication". In addition to low detection rates, the report had also identified a number of other concerns relating to the use of drug detection dogs in New South Wales, including civil liberties infringements, negative public perception and complaints of humiliation and embarrassment from members of the public who had been wrongly searched by police In December 2005, the standalone "Police Powers (Drug Detection Dogs) Act 2001" was repealed , with the powers given to police under the legislation instead being incorporated into sections 145 through 150 of the "Law Enforcement (Powers and Responsibilities) Act 2002". In 2012, NSW Police were given expanded powers allowing for the deployment of drug detection dogs at tattoo parlours, all public areas within the Kings Cross precinct and across the entirety of the Sydney Trains network. 2009 Ombudsman's report (Law Enforcement Powers and Responsibilities Act). Acting on recommendations made by the Wood Royal Commission in 1997, the "Law Enforcement (Powers and Responsibilities) Act 2002" - commonly referred to as LEPRA, was passed by New  South Wales Parliament as a means of consolidating police powers into a single piece of legislation. As part of this process, the New South Wales Ombudsman was tasked with monitoring the use of certain functions under the act when it came into effect in December 2005. Following a two-year review, a provisional report was released by Ombudsman Bruce Barbour in 2007, with a final report being handed down in February 2009. In accordance with legislative provisions set out under LEPRA, the report focused primarily on three key areas of policing – the establishment of crime scenes, notices to produce documents  and safeguards relating to personal searches. In relation to personal searches, the report made a total of 33 recommendations aimed at improving current police practices, including several pertaining to the use of strip searches by NSW Police. The report called on Parliament to review the practice of officers asking a person to squat, while also requesting that Section 32 of LEPRA be amended to better define the term "genital area" as it applied to the legislation. In making his recommendations, the Ombudsman made reference to the findings of a 2007 survey of Local and Children's Court attendees, some of  whom had been strip searched by police in custody, as well as several case studies relating to complaints from members of the public and police operations which had been observed by the Ombudsman's office. 2013 statutory review and changes to LEPRA. In accordance with provisions set out under LEPRA, both the Attorney General and Minister for Police were required to complete a statutory review of the legislation. Four years after the release of the Ombudsman's 2009 report, the findings of a joint review undertaken by the Attorney General's Department and Ministry for Police and Emergency Services were  tabled to Parliament. The review served as the government's official response to the Ombudsman's 2009 recommendations and drew heavily on the findings of a second review undertaken by former shadow Attorney General Andrew Tink and former Police Minister Andrew Whelan. This second review had been commissioned by then Premier Barry O'Farrell in October 2013. Recommendations that Parliament should consider defining the term 'genital area' for the purposes of a search and review the practice of officers asking persons to squat were "considered" by the government but ultimately "not supported". The review did however support the removal of the  existing categories of "frisk" and "ordinary" searches under LEPRA in favour of a simplified two-tiered system consisting of strip searches and what were later referred to as "general searches". An amended version of LEPRA was passed in June 2014. Early incidents and first media reports. Statistics published by the New South Wales Ombudsman in 2009 revealed that in 2006 and 2007, NSW Police had carried out a combined total of 613 strip searches 'in the field', with the earliest available data pertaining to strip searches resulting from drug detection dog indications revealing that in 2009, 556 searches were conducted , with an additional 2945 searches being carried over the next four years. Despite the figures, few of these incidents were publicly reported and media coverage of the issue was limited at the time. The first recorded mention of the practice appeared in a post uploaded to Reddit in January 2010. In that instance, a commuter recalled being strip searched at Redfern Train Station after an indication from a drug detection dog, alleging that he was taken into a public toilet with three officers and made to remove his clothes, lift his penis and spread his buttocks apart. No illicit substances  were reportedly found by police. In January 2012, the Hack program on Triple J broadcast a half-hour special discussing the presence of drug detection dogs at music festivals in New South Wales and other Australian states. The program heard from a number of callers who had been strip searched in the aftermath of positive drug detection dog indications, though many admitted to having small quantities of drugs in their possession at the time. The use of the dogs was also a contentious issue at the at the 2013 Gay and Lesbian Mardi Gras, which was overshadowed by allegations of  police brutality. Dozens of complaints had been lodged with organisers in the weeks following the event, including some from revelers who had allegedly been subjected to unlawful strip searches. Speaking to news.com.au, a 53-year-old man said he was left feeling "humiliated" after being made to remove his pants and underwear at a Mardi Gras afterparty celebration at Sydney's Royal Botanic Garden. A civil suit launched by the 53-year-old was later settled for an undisclosed amount. A number of incidents from this period have also been discussed in later media reports. An article uploaded to music  industry website HowlandEchoes in 2015 featured an account from a performer who had allegedly been strip searched by police at the Parklife Music Festival in Sydney in 2011. A drug detection dog had reportedly taken an interest in the woman's bag, at which point she recalled, "a cop took me into a prison wagon and made me strip naked, squat... the whole nine-yards. I'd started crying in my show make-up, angry and humiliated that somehow I had no consent in this process. She tried to make small talk with me while my clothes were in a  pile against the bars and I'm barefoot on the well-trodden muddy floor". No drugs were reportedly found and the woman said she was left feeling "shaken" after the experience. 2014. Rising numbers and increased media coverage. In late 2014, several media outlets began publishing firsthand accounts from members of the public who had allegedly been strip searched by NSW Police. Many of those searches had reportedly taken place in the aftermath of positive drug detection dog indications at music festivals across the state. Speaking to Vice in September, one 23-year-old man said:"It happens at festivals all  the time. They've got booths set up to strip search you. It's basically a known thing that where there's sniffer dogs, they'll be strip searches as well".Recalling an incident he had witnessed at a music festival, drug educator Paul Dillon, Director of Drug and Alcohol Training and Research Australia (DARTA) said:"I can remember one girl who was totally traumatised by the experience" ... "She'd been strip searched and was mortified. The girl had no drugs on her, was not a drug user, but had been through a very traumatic experience". Police figures published by "The  Sydney Morning Herald" in December revealed that the number of strip searches resulting from positive drug detection dog indications had increased 32% in New South Wales since 2009, rising from 556 to 735. Speaking to The Project that month, a 24-year-old man recalled being strip searched at Redfern Train Station after an indication from a drug detection dog. "Well basically they just take all of your clothes off, they strip you down" ... "it's quite a degrading process", he said. "You actually get told to squat and you actually get told to cough". The following year in September , a caller to the Hack Program on Triple J claimed he had been subjected to a similar search at the same event. "I was searched at Stereosonic 2014. I had to do some very embarrassing things like take all my clothes off, then I was asked to bend over and squat, then I was actually asked to lift my testicles and my shaft and separate them in case I was hiding anything there and pull back my foreskin". In September 2014, a festivalgoer from the United States alleged that a friend had been made to undergo a strip search while  attending the Defqon music festival in Sydney's West that month. Writing on Reddit, the man said that he and his friends were preparing to enter the event when a member of the group was singled out and led away by officers. The man had reportedly been stopped by a drug detection dog. When he returned, it's alleged that the man was visibly upset, telling the group that that he had been asked to strip naked and bend over while the search was carried out. A 23-year-old medical student who was attending the same event that year  recalled being subjected to a similar search in an interview with Buzzfeed News in June 2015. The man claimed that he had been stopped at the entrance of the festival when a drug detection dog began "sniffing around his feet". After being taken to a police search area, which he described as a "tent with makeshift cubicles made out of security fencing", the 23-year-old recalled being initially instructed to remove his shoes and empty his bag and pockets before being asked to take off his clothes, alleging that officers then told him to "drop your daks" and "pick  up your balls and move them to one side". The 23-year-old was later released when no drugs were found, telling Buzzfeed that the experience was "embarrassing and humiliating". Launch of Sniff Off Facebook page. In 2011, a campaign opposing the use of drug detection dogs was launched by New South Wales Greens MP David Shoebridge in collaboration with the NSW Young Greens. As part of the campaign, a Facebook page was created in October 2014 allowing members of the public to report drug detection dog sightings in the community. The information is then shared with followers of the  page. Speaking about the use of drug detection dogs in 2014, Shoebridge said, "Where have we got to in this state when police are routinely stripping people down, getting them to squat naked over a mirror and then staring up their backsides, on the basis of a drug dog indication that is wrong two thirds of the time?" 2015. Police data for the 2015-16 financial year showed that officers had performed 5082 strip searches in the field during this period, with separate figures revealing that 629 strip searches resulting from positive drug detection dog indications had been carried out  during the 2015 calendar year. 2016. Figures for the 2016–17 financial year showed that NSW Police had conducted 4429 strip searches in the field during this period, with separate data revealing that officers had performed 590 strip searches resulting from drug detection dog indications during the 2016 calendar year. 2017. Appointment of new police commissioner. In February 2017, it was announced that NSW Police Commissioner Andrew Scipione would be stepping down after close to 10 years in the role. Following a brief selection process, Assistant Commissioner Mick Fuller was chosen as his replacement. Fuller had previously occupied a number of  senior roles within NSW Police and was serving as Commander of the Central Metropolitan Region before his appointment to the role. He was sworn in as Commissioner on March 31, 2017. Changes to police oversight. In November 2015, then Police Minister Troy Grant announced proposed changes to the existing police oversight framework in New South Wales. The announcement came in response to the findings of a commissioned review carried out by former Shadow Attorney General Andrew Tink. Under the new arrangement, the state's three existing police oversight bodies - the Police Integrity Commission, the Police and Compliance Branch of the  New South Wales Ombudsman's Office and the Inspector of the NSW Crime Commission - would be dissolved, instead being replaced by a single agency, which would be referred to as the Law Enforcement Conduct Commission (LECC). In September 2016, acting New South Wales Ombudsman John McMillan warned that the new police watchdog would have "inferior" powers, eluding to the fact that the LECC would be limited to investigating incidents involving "serious misconduct and serious maladministration" and would be operating with a reduced budget. Despite these concerns, legislation approving the formation of the LECC was passed by Parliament in November 2016 , with the organisation formally commencing operations on July 1 of 2017. In November 2019, LECC Chief Commissioner Michael Adams raised concerns about the Commission's ability to investigate complaints of police misconduct. Writing in the organisation's annual report, Adams revealed that only 2% of the 2,547 complaints assessed by the LECC in 2018-19 had been fully investigated, likening the situation to "drinking from a firehose". Earlier in 2018, Adams warned that the Commission had been forced to ignore complaints due to an "insufficient budget" and a "continued increasing workload". Doubling in the number of strip searches resulting from  drug detection dog indications. Data obtained from NSW Police under Freedom of Information laws showed that the number of strip searches carried out following drug detection dog indications had more than doubled between 2016 and 2017, rising from 590 to 1,124. Responding to questions from NSW Greens MP David Shoebridge at a Parliamentary Budget Estimates hearing in 2018, Police Commissioner Mick Fuller denied suggestions that there had been any change in policy leading to the increased figures. The trend reflected a broader increase in the use of strip searches by NSW Police, with figures obtained in December 2018 revealing that  the number of strip searches conducted by officers in the field had risen almost 47 percent in the four years between 2014–15 and 2017–18, rising from 3,735 to 5,483. 2018. Venue ban policy. In the days leading up to a live performance by British electronic dance trio Above and Beyond at Sydney Showground in June 2018, NSW Police announced a controversial new policy which would see ticketholders denied entry to the event following a drug detection dog indication, even in cases where a person was not found to be in possession of any illicit substances. The move was met with  criticism online, with some legal experts questioning whether the proposed decision to deny entry to patrons was unlawful. Writing on Twitter, former Australian Border Force Commissioner Roman Quaedvlieg labelled the move "extraordinary". "Festival drugs are risky granted but a person can have minute drug traces from handling cash, infused into garment fabric etc," he said. "Using an 'indication', as they call it, to ban entry into a social event is too much". A similar policy had reportedly been enforced at two hardstyle dance events earlier in the year. Both events had also been held at Sydney Showground. Speaking to "The  Sydney Morning Herald" in 2019, one woman said she was left feeling "scared" and "completely helpless" after being made to strip naked in front of two female police officers inside a booth at the event. The woman had allegedly been the victim of a sexual assault and said being strip searched was a "refresher" of the incident. It was also reported that NSW Police had denied entry to ticketholders at the "A State of Trance" music festival in April. Speaking to the ABC in June, promoter Richie McNeill estimated that "about 40 people" were turned away from the event after  being stopped by a drug detection dog. McNeill's company, Hardware Corp, was also responsible for organising the upcoming Above and Beyond performance at Sydney Showground that weekend. When asked about the proposed decision to deny entry to patrons, McNeill acknowledged that his company had given police approval for the plan. "We have to or there's no event basically" he said. Shortly after the announcement was made, a crowdfunded attempt to secure an injunction was launched by the NSW Greens in the state's Supreme Court. The move was unsuccessful, with presiding Justice Michael Pembroke ruling that the court  was unable to make decisions based on hypotheticals. Despite opposition, the police operation at the Above and Beyond performance went ahead as planned on June 9. Reporters covering the event at Sydney Showground spoke to a number of patrons who had been strip searched by officers before being ejected from the venue. One woman told SBS News she was made to "strip and squat" after a positive indication from a drug detection dog, while another woman recalled having to squat naked inside a booth after police witnessed her handing a fifty-dollar note to her boyfriend. Neither woman was reportedly  carrying any illicit drugs. In an unusual move, NSW Police declined to issue a media release after the event, with Greens MP David Shoebridge suggesting that an earlier backlash surrounding the decision to deny entry to patrons may have prompted the decision. Shoebridge told news.com.au that his office had been contacted by six attendees who were denied entry to Sydney Showground after being searched by police. It's alleged that each person had been stopped by a drug detection dog and none were found in possession of any illicit drugs. It remains unclear how many people ejected from the venue  during the operation. Shortly after the event, photos were circulated on social media from an Above and Beyond attendee who claimed to have been issued with a ban notice prohibiting entry to the Sydney Olympic Park precinct for 6 months. Speaking to the Hack Program on Triple J, the man said he had been stopped by a drug detection dog before being strip searched by officers. Responding to questions from news.com.au, a spokesperson for NSW Police rejected suggestions that the man had been banned from Sydney Olympic Park on the basis of the drug detection dog indication, instead citing "offensive  behaviour" while also claiming that the man had tried to enter the event without a ticket. A Sniff Off volunteer who was present at the Above and Beyond performance contested those claims, instead suggesting that the notice had been issued after the man and his four friends began arguing with the officers who had conducted the search. Despite controversy surrounding the practice, NSW Police continued to issue ban notices to patrons at subsequent music festivals. In a viral post uploaded to Facebook in March 2019, a 19-year-old woman recalled being made to strip naked inside a booth at  the Hidden music festival at Sydney Olympic Park after being stopped by a drug detection dog. The woman was reportedly banned from the venue for 6 months despite no drugs being found The issue of ban notices being issued to music festival patrons was discussed by the Law Enforcement Conduct Commission in its final report on the use of strip searches by NSW Police handed down in December 2020. The Commission had been made aware of several cases where festivalgoers had been banned from Sydney Olympic Park after being strip searched by officers, despite no drugs being found during those  searches. The bans had been issued under the "Sydney Olympic Park Regulation", state legislation governing the powers given to the Sydney Olympic Park Authority. Under the act, the Authority "may ban a person from entering any part of Sydney Olympic Park for any period (not exceeding 6 months) determined by the Authority if the person contravenes any provision of this Regulation". While the act entitles police to exercise the powers of the Authority, the Commission expressed concerns about the use of the legislation to issue bans to music festival patrons, suggesting it was unlikely that every person banned by police  had breached provisions under the act. In June 2020, the Commission was advised that by NSW Police that officers would discontinue the practice of issuing ban notices to festival patrons attending events at Sydney Olympic Park, citing legal advice which had received in relation to the practice. Attalla v State of NSW and release of internal police report. In May 2018, a civil court judgement was handed down in the case of a 53-year man who had been strip searched by police after being arrested in 2015. Steven Attalla had been sitting in front of a church in Darlinghurst  in the early hours of March 24 when he was approached by three police officers. After claiming she suspected he was in possession of illicit drugs, one of the officers informed the man that he was going to be searched. When the 53-year-old refused, he was arrested and transported to Kings Cross police station, where he was made to "strip to a naked state, lift his genitals and squat" in front of two male officers. The 53-year-old described the experience as "humiliating" and "outrageous". No drugs were found and he was subsequently issued a court attendance  for hindering police. The charge was later dropped. In handing down his ruling, presiding Justice Phillip Taylor found that the officers involved had acted with "an almost reckless indifference", describing the strip search as an "invasive power without the slightest justification" before awarding the man just over $112,000 in damages plus legal costs. The incident was later the subject of an investigation by the Law Enforcement Conduct Commission, who in May 2020 found that the officer who had ordered that the 53-year-old be strip searched had engaged in "serious misconduct". The Court's ruling was mentioned in  a leaked internal report published by NSW Police in November 2018. The report, which had been prepared by the Force's Lessons Learned Unit, acknowledged that officers had routinely been failing to adhere to legal requirements when conducting strip searches, stating that "there is both a lack of compliance and a lack of consistent application when it comes to the exercise of police powers for the purposes of a strip-search". In a bid to remind officers of their legal obligations in relation to the practice, a number of training materials including video packages, "step-by-step instructional stickers" and  educational screen savers had been prepared by the Lessons Learned Unit. The report also noted an increase in civil litigation which had been brought against NSW Police in relation to strip searches since 2013, describing it as an "organisational risk". Safe and Sound campaign. Prompted by a rise in the number of strip searches being performed by NSW Police, it was announced in December 2018 that Redfern Legal Centre would be launching a public campaign aimed at raising awareness of the issue and pushing for a change in the law. "The law in NSW governing the use of strip searches  is vague and legalistic, making it susceptible to wide interpretation. This campaign aims to improve the law and procedures to ensure better safeguards for the public and improve guidance for police" said Samantha Lee, Police Powers Solicitor at Redfern Legal Centre. "Our service has been contacted by many people subjected to strip searches, who were left feeling humiliated, scared and traumatised. Worst of all, nothing was found on them and police failed to follow correct legal procedure". 2019. Hidden Festival incident. In a viral post uploaded to Facebook, a 19-year-old woman recalled being left "humiliated and embarrassed" after  allegedly being strip searched by police at the Hidden music festival at Sydney Olympic Park on March 2. The 19-year-old had reportedly been re-entering the event with a friend when she was approached by two police officers with drug detection dogs. "They just stopped me without any reason really I hadn't seen the dogs react or sit and they just told me that I had been detected and that I had follow them". After being taken to a police search area inside the venue, the 19-year-old said she was taken into a booth with  a female officer, who then instructed her to remove her clothing. "She stood in front of me, asked to check my things, asked to check my shoes and then told me to take off my top and then take off my skirt and my underwear and then to squat and cough" she recalled while speaking to the Hack program on Triple J in August. No drugs were reportedly found and it's alleged that the door of the booth was left open while the search was being conducted. "Not only did I see other people being searched, during my search  the door was left half open and only blocked by the small female cop. I could easily see outside, which means that attendees and the male cops outside could have easily seen in as well". It's alleged that police continued to question the 19-year-old after the search had taken place. After being detained for "over an hour", the woman was reportedly ejected from the event and issued a ban notice prohibiting entry to Sydney Olympic Park for 6 months, with officers allegedly citing intoxication as the reason for issuing the ban. A complaint made to NSW Police  by the woman's mother was later the subject of a wider internal investigation undertaken by officers from the Force's Professional Standards Command, which was overseen by the Law Enforcement Conduct Commission. In findings handed down in July 2020, police investigators found that there was "insufficient lawful basis" for the strip search conducted on the 19-year-old or the 6 month ban notice that was issued at the event. The report recommended that "sustained" findings be made against two officers in relation to the ban notice. An article published by The Guardian in June earlier that year revealed  that one of those officers had since resigned, while another had been "counselled by a senior officer and referred for additional training". It was unclear if any disciplinary action had  been taken in relation to the strip search, however the Commission did recommend that NSW Police consider issuing an apology to the woman. University of New South Wales report. In August 2019, a comprehensive report examining the use of strip searches by NSW Police was released by University of New South Wales Law Academics Dr. Vicki Sentas and Dr. Michael Grewcock. The report had been commissioned by Redfern Legal Centre  as part of its ongoing "Safe and Sound" Campaign. Key findings highlighted by the authors included a significant increase in the use of strip searches by NSW Police, with the report noting "an almost twentyfold increase in less than 12 years", referring to police figures which showed that "strip searches were used 277 times in the 12 months to 30 November 2006 compared to 5483 in the 12 months to 30 June 2018". The use of drug detection dogs, particularly at major events such as music festivals, was identified as a driving factor behind the increase. The authors also drew  attention to the low number of criminal charges resulting from strip searches carried out by NSW Police. Figures for the 2017-18 financial year showed that during this period, 30% of strip searches conducted in the field had resulted in charges being laid. Of those charges, 82% related to drug possession, 16.5% related to drug supply and the remaining 1.5% related to weapons offences. The report made 12 recommendations aimed at improving current strip search practices employed by NSW Police, including changes to LEPRA to better define what constitutes a search, as well as calling for an end to what  the authors described as "deeply humiliating" practices such as asking a person to bend over or squat. Festival deaths inquest. In July 2019, the Coroners Court of New South Wales opened a joint inquest into the deaths of six music festival patrons who had died after consuming fatal quantities of MDMA at separate events between December 2017 and January 2019. The inquest would seek to examine the circumstances surrounding the deaths of 18-year-old Nathan Tran, 19-year-old Alex Ross-King, 22-year-old Joshua Tam, 19-year-old Callum Brosnan, 21-year-old Diana Nguyen and 23 -year-old Joseph Pham. Overseeing the inquest was NSW Deputy State Coroner Harriet Grahame. Initial public evidence hearings began on July 8, with an additional set of hearings taking place in September later that year. Over the course of 16 days, the Court heard evidence from multiple witnesses, including police and medical professionals, as well as event staff and festival attendees. Key areas of focus throughout the inquest were drug education, policing strategies and the adequacy of resources and onsite medical services at each of the events. One particular area of concern for the Court were the circumstances surrounding the  death of 18-year-old Nathan Tran, who died in hospital after consuming after a fatal dose of MDMA at the Knockout Circuz music festival in 2017. Tran was seen behaving erratically before falling and hitting his head inside the venue, reportedly becoming distressed and combative when event medical staff attempted to treat him. Multiple police and security personnel were required to restrain the 18-year-old before transporting him to a medical tent inside the venue. These events had been captured on CCTV. One witness called to give evidence in the matter was a 28-year-old woman who  was also attending the Knockout Circuz music festival that day. The woman, whose name was suppressed by the Court, had reportedly witnessed police and security personnel attempting to restrain Tran while he was on the ground. As she was being questioned, the woman was asked by Counsel Assisting the Coroner Dr. Peggy Dwyer if she still attended music festivals in New South Wales. When asked why she didn't, the woman cried as she recalled having to strip naked in front of a female policer officer at the Knockout Circuz music festival earlier that day. The 28-year-old had  reportedly been stopped by a drug detection dog at the entrance of the event, at which point she was allegedly taken to a booth, which she described as a "metal room", where a female officer had instructed her to remove her clothes. The officer had reportedly threatened to make the search "nice and slow" if the woman failed to produce any drugs. It was also alleged that the door of the booth had been opened while the woman was still naked. Speaking about the incident, the 28-year-old said that the experience made her feel "like a criminal", telling  the Court that, "you're naked ... the way I was spoken to, [it was] like I'd done something wrong". The woman had also reportedly been strip searched by police at a separate event, with no drugs being found on either occasion. Responding to the 28 year old's comments, the coroner said that the police prescense at a music festival she attended earlier in the year had also made her feel "nervous". Ms. Grahame had been attending the Show Your True Colours music festival at Sydney Olympic Park in June at the invitation of event organisers. "There was just  lines and lines of police and dogs ... I was surprised how intense it was" she recalled. At a Parliamentary Budget Estimates hearing in August, NSW Police Commissioner Mick Fuller was asked about the allegations put forward by the 28-year-old. Responding to questions from NSW Greens MP David Shoebridge, Fuller criticised woman's comments, suggesting it was a "disgrace" that he was being held to account on the testimony of a "secret witness". "By a lady who turns up, the counsel assisting police were given no warning, turns up, no name, no address, nothing to us? A secret witness . Why did they keep that person secret?" Fuller said. "I think it's poor practice if this is going to be the way forward in coronials, that mystery witnesses turn up and sit behind a veil of anonymity and they're not held to account. It's a disgrace in a democracy". When the inquest resumed in September, Dr. Dwyer drew attention to the Commissioner's comments, stating that the woman's full name had been made available to all parties who were present at the hearing, including NSW Police. She pointed out that the Commissioner's barrister had personally  questioned the woman and had also been provided with her "non-existent" criminal history, as well as an opportunity to conduct background checks. "She was giving evidence about the death of Nathan Tran and in giving her answers, she rather spontaneously revealed she didn't go to festivals anymore because of the strip search incident" Dr. Dwyer told the Court. "Unfortunately, the police commissioner misunderstood the circumstances of that evidence". It was later reported that the Commissioner had withdrawn his remarks. Coroner's final report and recommendations. A final report from the inquest was handed down by Deputy State Coroner  Harriet Grahame on 8 November 2019. In addition to specific findings pertaining to the deaths of the deceased, the report also put forward a broader series of recommendations aimed at improving safety at future music festivals held in New South Wales. In a controversial move, Ms. Grahame called on the state government to establish a pill testing (also referred to as "drug checking") trial at upcoming music festivals, describing the practice as "an evidence-based harm reduction strategy that should be trialed as soon as possible in NSW". A leaked draft of the coroner's recommendations had been published by  The Daily Telegraph in October, with the proposal to introduce pill testing generating significant public discussion around the issue. Responding to the leaked recommendations, then Premier Gladys Berejiklian said that the government had no plans to introduce pill testing, suggesting that it would send the "wrong message" and give people a "false sense of security". In handing down her findings, Ms. Grahame was highly critical of the policing strategies employed at music festivals in New South Wales, singling out the use of drug detection dogs and strip searches by NSW Police. The coroner said she was "extremely concerned" about the  use of drug detection dogs at music festivals, suggesting their presence may exacerbate the potential for drug related harm and encourage risky behaviours such as "panic ingestion" or "preloading". The report noted that this may have been a factor in the deaths of 19-year-old Alex Ross-King and 22-year-old Joshua Tam, with the coroner recommending that "the model of policing at music festivals be changed to remove drug detection dogs". Speaking about the use of strip searches, Ms. Grahame said that "the practice of searching young people for the possible offence of possession is of grave  concern", suggesting that "given the number of times that searches occur when there is no emergency or risk of serious harm, one can only assume that many searches are conducted unlawfully". She referred to the testimony of a 28-year-old witness who had allegedly been strip searched while attending the Knockout Circuz music festival in 2017, describing the woman's evidence as "palpable and disturbing". Speaking at the inquest in September, a barrister appearing for NSW Police Commissioner Mick Fuller had unsuccessfully sought to prevent the coroner from examining the issue of strip searches, arguing that it was an  impermissible area of exploration and that there was "simply no foundation" to do so. "It's not a roving royal commission. Your Honour has to look at manner and cause and what is connected to each of the tragic deaths," he said. In handing down her findings, Ms. Grahame called on NSW Police to limit the use of strip searches at music festivals to case of suspected drug supply, recommending that they only be used in cases where "there are reasonable grounds to believe that the strip search is necessary to prevent an immediate risk to personal safety" and "no  less invasive alternative is appropriate". 2020. Class action investigation. In a landmark move, it was announced in May 2020 that law firm Slater and Gordon would be partnering with Redfern Legal Centre to investigate the possibility of bringing a class action against the New South Wales Police Force. The proposed class action would seek to deliver compensation to members of the public who had been unlawfully strip searched by NSW Police, with a specific focus on incidents which had taken place during or after 2014. Speaking at a launch event in Sydney, Senior Associate at Slater and Gordon Ebony Birchell  said there were "systemic problems" with the way strip searches were conducted in New South Wales. "Legally an unlawful police search is classified as an assault. People who have been assaulted have been wronged and have legal rights to redress. This class action aims to help those people" she said. Also speaking at the event was a 25-year-old British woman who had attended the Lost Paradise music festival on the Central Coast in 2017. It's alleged that the woman was queueing with friends to enter the event when a drug detection dog sat down beside her, at  which point officers told her they suspected she was in possession of illicit drugs before asking her to consent to a search. "I felt I had no choice but to comply, otherwise I'd be left stranded in the middle of nowhere, with no way of getting home" she told reporters. The 25-year-old said she was then taken to a police search area inside the venue by a male officer, who before handing her over to a female officer had reportedly said, "go easy on her, I don't think she's got anything on her". After handing  over her ID and having her belongings searched, the woman said she was taken into a "large police transit van". It's alleged that the windshield of the van had been left uncovered and that three male officers could be seen standing outside. "I was just so aware that people could look in. My main concern was the male police officers being so close at the time. There was no real privacy... It just felt very perverted, to be honest." She says that the female officer conducting the search initially asked her to lift up her top. When she informed  the woman that she wasn't wearing a bra, the officer reportedly told her to "just do it quickly". She says that the officer then asked if she was on her period. When she said yes, the officer reportedly told her that "we still need to do this anyway" before instructing her to remove her pants and her underwear. The 25-year-old says she was told to "drop, squat and cough", at which point the officer looked underneath her and peered at her genital area. The woman said she had a tampon inserted at the time. "I felt numb  all over," she recalled. After the search had been completed, the 25-year-old said her belongings were returned and she allowed to leave, telling reporters that she began "sobbing uncontrollably" when she returned to her friends. "I had done nothing wrong. I felt violated like I was just another body and not a human being". In November 2021, it was announced that the proposed class action would focus exclusively on strip searches which had taken place at the Splendour in the Grass music festival between 2016 and 2019. "The [NSW Police Watchdog] the Law Enforcement Conduct Commission has investigated  strip searches at Splendour in the Grass already and they've made findings that show that police lack training and didn't understand the legal safeguards around strip searches," said Slater and Gordon's Ebonie Birchell. "This indicates to us that there have been widespread unlawful strip searches at Splendour in the Grass over the last few years". In a separate statement, Redfern Legal Centre's Alexis Goodstone suggested that incidents at Splendour in the Grass would serve as a "test case" for future legal cases "focusing on other locations or music festivals". Responding to questions about the update, a  spokesperson for NSW Police issued the following statement to the Hack Program on Tiple J. "The test on whether a search was conducted lawfully is ultimately a matter for the courts. Police are required to suspect on reasonable grounds that the circumstances are serious and urgent when determining whether a strip search Is necessary. When making that determination police will consider all of the available information, including the risk of someone overdosing or dying". Statistical data. Questions regarding the accuracy of figures provided by NSW Police. Drug detection dog statistics. In October 2019, Police Minister David Elliot tabled figures to  Parliament detailing the number of personal searches carried out by New South Wales Police following positive drug detection dog indications. The figures were tabled in response to questions from NSW Greens MP David Shoebridge. The data showed that during the eight-year period between July 1 of 2011 and June 30 of 2019, NSW Police had conducted a total of 96,425 personal searches resulting from the use of drug detection dogs, with illicit substances being found in 24.3% of those searches. The following month in November, Police Commissioner Mick Fuller was being asked about coronial inquest recommendations calling for an  end to the use drug detection dogs at music festivals. Speaking on ABC radio, Fuller denied suggestions that the dogs were inaccurate. "The stats are clear that nearly in 40 per cent of cases, when the dog sits down we find drugs<nowiki>" he said. The Commissioner'</nowiki>s comments were later the subject of a joint fact checking investigation conducted by ABC Fact Check in partnership with RMIT University, who later that year in December concluded that the claim was "overstated", citing the figures tabled to Parliament by Police Minister David Elliot in October. In January 2020 , the ABC was provided with a new set of figures which showed that between July 1 of 2011 and June 30 of 2019, officers had instead conducted 100,047 personal searches resulting from positive drug detection dog indications, with prohibited drugs being found in 32.7% of those searches. "The drug dog statistics provided to the Minister's office in October last year were developed differently from the standard production of official NSWPF statistics and had not been peer reviewed. They are incorrect" said a police spokesperson in a statement provided to the ABC. The new figures were tabled to Parliament by  the Police Minister in February. In an "unprecedented" move, ABC Fact Check announced that it was suspending its verdict on the Commissioner's claims, stating that it had "lost confidence" in the figures put forward by NSW Police. "We have asked the police for an explanation as to the difference between the two sets of figures and have not received a satisfactory or transparent response" they said. "In light of this, we have decided to suspend the verdict from the fact check". Strip search statistics. In a final report handed down in December 2020, the Law Enforcement Conduct Commission expressed  concerns about the way strip search data was recorded by NSW Police. The Commission referred to police figures which showed that approximately one third of all strip searches conducted in the field between 2016–17 and 2019-20 had resulted in prohibited items being found. In a small number of cases, NSW Police had claimed that items such as bicycles, books, luggage and electrical appliances had been recovered during those searches. The Commission noted that these items had most likely been recovered before a strip search was conducted. In a submission to the LECC, NSW Police maintained that this was a  recording error which accounted for "less than 1%" of incidents. Despite this, the Commission continued to express doubt about the police figures, concluding that they were "unreliable", with the report stating that "these anomalies raise a question about whether other items recorded as a 'find' resulting from a strip search were indeed found as a result of the strip search, or may have been found at some other point in the interaction between police and the individual". Official responses from New South Wales Police. In a detailed statement provided to the Sydney Morning Herald in August 2019, a spokesperson for  NSW Police defended the use of strip searches by the organisation. "The NSW Police Force is responsible for enforcing legislation on drug and weapon possession and supply. Police officers do not enjoy carrying out strip searches, but it is a power that has been entrusted to us and searches reveal drugs and weapons", they said. "People who are trying to hide such items frequently secrete them in private places, and the only way to locate them is by a strip search, which may involve asking the person to squat". The statement also went on to defend the use of drug  detection dogs as a means of justifying strip searches, arguing that they act as a "vital tool for detection of drugs, particularly at large scale events". Excerpts from the same statement have also been provided to other media outlets in response to separate inquiries. Speaking to Richard Glover on ABC Radio that month, Police Commissioner Mick Fuller rejected suggestions that strip searches were being overused in New South Wales. "We live in a society with eight million people Richard and it's hardly an epidemic" he said in response to statistics which showed that officers were performing more than 5000  strip searches a year. At a Parliamentary Budget Estimates hearing the following week, the Commissioner reiterated his position. "[Strip search] is not a police power that's being overused; the only thing that's being overused are statistics that are wrong" he said, addressing data published by the University of New South Wales which showed that police strip searches had increased twentyfold since 2006. Earlier in June, a spokesperson for NSW Police had told "The Sydney Morning Herald" that "members of the public with nothing to hide from police should not be concerned about police searches". The statement was one  of several issued in response to questions about protocols regarding the use of strip searches in situations where a person may be affected by previous trauma. It followed an incident in which a 20-year-old woman had allegedly been made to strip naked in front of two female police officers while attending the Midnight Mafia music festival in 2018. The woman had reportedly been the victim of a sexual assault and had told the "Herald" that the experience was a "refresher" of the incident, with police allegedly confiscating her ticket and ejecting her from the event despite no drugs  being found. 2019 "Daily Telegraph" interview. In the wake of recommendations made by Deputy State Coroner Harriet Grahame to limit the use of strip searches at music festivals, NSW Police Commissioner Mick Fuller launched a high profile defence of the practice in an interview with Sydney's "Daily Telegraph". Appearing in a front page exclusive published on November 18, Fuller warned that any attempt to curtail police search strip powers would lead to an increase in knife crime, citing Melbourne and London as examples. "You look at London. They decrease their person searches by 20,000 because of a government policy  position and knife crime went through the roof," he said. The Commissioner went on to suggest that questioning "the legitimacy of policing" had "a negative impact on public safety" before insisting that young people "on the verge of criminality" should have "a little bit of fear" of police. "There will be a generation of kids that have no respect for authority and no respect for the community" he warned. "They need to have respect and a little bit of fear for law enforcement". Responding to the comments, UNSW Legal Academic Dr. Michael Grewcock suggested that the Commissioner's attempts to  link strip searches and knife crime were "shrill and misleading". A report published by Grewcock in August in collaboration with fellow UNSW Academic Dr. Vicki Sentas had revealed that "less than 1%" of strip searches carried out in the four-year period between 2015-2016 and 2018-19 had been related to weapons possession offences, with the majority being carried out on suspicion that a person was in possession if illicit drugs. Speaking to Ray Hadley on 2GB later that day, the Commissioner reiterated his position. "The reality is I want there to be a small factor of fear  so that young people aren't coming into town with bladed weapons". During an interview on ABC Radio the following morning, Fuller attempted to clarify his remarks, insisting that his comments to the "Daily Telegraph" were not made in relation to strip searches but were instead aimed at addressing the use of police powers more broadly. "Knife crime is a huge problem, not just in Australia, but I'm not talking about strip searching people for drugs when I talk about fear," he said. Writing in an opinion piece for "The Sydney Morning Herald" later that week, former Australian Federal  Police Commissioner Mick Palmer labelled the comments "frightening". "As a long-time colleague of NSW police and a friend of several past commissioners, it is the first time I have ever heard the use of the word 'fear' as a basis for gaining respect and I am saddened by it" he said. "Police are given without-warrant powers to stop, search and detain sparingly and with good reason. Such powers, particularly those involving strip searching, are intrusive and intimidatory. They need to be used prudently and with clear evidence of reasonable cause". Law Enforcement Conduct Commission investigations. In October 2018  the Law Enforcement Conduct Commission, the State's newly established police watchdog, launched a formal investigation into the use of strip searches by NSW Police, citing complaints from members of the public and wider community concerns surrounding the practice. As part of a two-year inquiry, the Commission conducted a number of closed-door investigations relating to specific complaints, as well as two public hearings in relation to strip searches of minors at separate music festivals in 2018 and 2019. In a final report handed down in December 2020, the Commission made a total of 25 recommendations aimed at improving  existing protocols governing the use of strip searches by NSW Police.