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New South Wales Police Force strip search scandal

From top left: Ticket Booths inside the police compound at the 2019 Hidden music festival at Sydney Olympic Park; An attendee being stopped by Police at the 2022 Field Day music festival in The Domain; Police and a drug detection dog at the entrance of the 2017 Defqon music festival; Search partitions at Sydney's Central Station during a drug detection dog operation in 2019; A drug detection dog at Parramatta Train Station in 2017; A drug detection dog at Hornsby Train Station in 2019; Tents inside the police compound at the 2020 Mardi Gras Afterparty at Hordern Pavilion
Date	2001–present
Venue	Multiple locations, including music festivals, train stations, licensed venues and police stations
Location	New South Wales, Australia
Type	Police misconduct - Improper use of strip searches
Inquiries	Law Enforcement Conduct Commission Inquiry (2018–2020)
Litigation	Slater and Gordon - Redfern Legal Centre class action (ongoing)

The New South Wales Police Force strip search scandal is an ongoing policing scandal involving the use of strip searches by members of the New South Wales Police Force.

Following the introduction of a controversial law in 2001, police in New South Wales were given the power to deploy drug detection dogs at major public events such as music festivals, inside licensed venues (venues that serve alcohol, such as pubs and clubs) and at stations across the Sydney Trains network.

In late 2014, it was first reported that NSW Police were routinely using indications from drug detection dogs as a justification for conducting invasive strip searches, particularly at music festivals. At these events, officers have used structures such as ticket booths, tents, makeshift partitions and police vans to strip search festivalgoers. In some cases, it's been alleged that these structures did not offer adequate privacy to individuals being searched, leaving them exposed to other attendees and officers outside. In cases where strip searches have been conducted, after stripping partially or completely naked, festivalgoers have been made to do things such as lift their breasts or genitals, bend over, spread their buttocks apart, and squat and cough. In some cases, female festivalgoers have also been asked to remove or show tampons. Strip searches have been conducted during drug detection dog operations at train stations and licensed venues in New South Wales as well.

Statistical data obtained from NSW Police shows that in the six-year period between July 2014 and June 2020, officers conducted 27,835 strip searches "in the field" (outside of a police station). Of that number, 5,659 were a result of drug detection dog indications, with the same figures revealing that an additional 63,302 frisk or "general searches" resulting from drug detection dog indications were also carried out during this period. Data from specific events is limited, however at the Splendour in the Grass music festival in 2018, it was revealed that officers strip searched 143 attendees, with over 90% of those searches failing to find any illicit drugs.

In October 2018, the Law Enforcement Conduct Commission (LECC) launched a formal investigation into the use of strip searches by NSW Police. In several cases it investigated, the commission found that officers acted unlawfully. In a final report handed down in December 2020, the LECC 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.

In July 2022, a class action was filed in the Supreme Court of New South Wales on behalf of patrons strip searched at music festivals by NSW Police from July 2016 onwards. Head plaintiff for the class action is a woman who was strip searched at the Splendour in the Grass music festival in 2018. The woman was 27 at the time and was allegedly naked from the waist down when a male officer walked in on the search. A trial for the class action is due to be held in May 2025.

Background

Drug policy in New South Wales was a contentious political issue throughout the 1990s. In 1997, the Wood Royal Commission into Police Corruption concluded that there was "systematic and entrenched" corruption within the New South Wales Police Service (later changed to New South Wales Police Force). The commission uncovered cases where officers had engaged in bribery, assault, evidence tampering, drug supply and other misconduct. The commission noted that a significant amount of the corruption uncovered throughout the inquiry was "connected to drug law enforcement". Adverse findings were made against 284 officers, seven of whom were later jailed.

As part of the security operation in place for the Sydney 2000 Olympic Games, NSW Police received an additional 30 sniffer dogs, with many being repurposed as drug detection dogs after the games concluded. The dogs were initially deployed as part of a wider strategy to address drug crime in the South Western Sydney suburb of Cabramatta, however by early 2001, the dogs were routinely being deployed at various locations across New South Wales, including clubs, licensed venues and public transport precincts. During one operation in October later that year, over 1000 nightclub patrons were searched in coordinated raids involving an estimated 300 officers and nine drug detection dogs.

These operations drew criticism from a number of 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 possessing cannabis and methamphetamine after being stopped by a drug detection dog. 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, then 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. The following month in December, newly appointed Police Minister Michael Costa introduced his own bill, similar to the one which had been put forward by the Opposition. 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 These powers were expanded to include the entire Sydney Trains network in 2012.

2006 Ombudsman's Report (drug detection dogs)

Conditional to the passage of the Police Powers (Drug Detection Dogs) Act 2001, then 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 end 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 by New South Wales Police, describing them as an "ineffective tool" for catching drug dealers and questioning whether the legislation governing their use should be "retained at all".

Overwhelmingly, the use of drug detection dogs has led to public searches of individuals in which no drugs were found, or to the detection of (mostly young) adults in possession of very small amounts of cannabis for personal use.

— Former New South Wales Ombudsman Bruce Barbour

An excerpt from a video of a drug detection dog operation at Newtown Train Station in 2017

A key issue identified in the report was the fact that most people stopped after a positive drug detection dog indication were not found in possession of any illicit drugs. Between February 2002 and February 2004, NSW Police conducted 10,211 personal searches resulting from the use of the dogs. Of that number, 74% resulted in no drugs being found, while in the 26% of cases where illicit drugs were recovered, only 1.38% were recorded as involving a trafficable 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 had a "reasonable suspicion to search a person based solely on a drug detection dog indication".

In addition to low detection rates, the report also identified a number of other concerns relating to the use of drug detection dogs by New South Wales Police, including civil liberties infringements, negative public perception and complaints from members of the public who had been wrongly subjected to searches.

Early incidents and first media reports - leave till later

Statistics published by the New South Wales Ombudsman in 2009 had 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 such searches were conducted, with an additional 2945 strip searches being carried over the next four years. Despite these 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 had appeared in a post uploaded to Reddit in January 2010. In that instance, a commuter said he had been strip searched at Redfern Train Station after an indication from a drug detection dog, alleging that he had been 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.

Sniff Off volunteers at a music festival in Parramatta in 2020

In January 2012, the Hack program on Triple J had 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 allegedly been strip searched in the aftermath of positive drug detection dog indications, though many had 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 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 had later been settled out of court for an undisclosed amount.

Several incidents from this period have also been discussed in later media reports. An article uploaded to music industry website HowlandEchoes in 2015 had featured an account from a performer who had allegedly been strip searched at the Parklife Music Festival in Sydney in 2011. The woman recalled that a drug detection dog had "decided to take an interest" in her bag, at which point she alleged, "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.

In late 2014, several media outlets began publishing firsthand accounts from members of the public who had allegedly been strip searched by NSW Police. 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) told Vice, "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 had 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.

In 2011, a campaign opposing the use of drug detection dogs was launched by former 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?"

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 former NSW Greens MP David Shoebridge at a Parliamentary Budget Estimates hearing in 2018, then 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.

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.

Police will exclude any person from the venue that the drug dog indicates has or who has recently had drugs on them, regardless of whether drugs are located.

— NSW Police Assistant Commissioner Peter Thurtell

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". 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.

Drug detection dogs at an Above and Beyond performance at Sydney Showground in 2018. Ticket booths used to strip search attendees can be seen in the background

A similar policy had been enforced at two hardstyle dance events earlier in the year. Both events had also been held at Sydney Showground. At the Midnight Mafia music festival in May, 187 patrons were reportedly refused entry despite only 45 being found in possession of illicit drugs. Writing on social media, multiple attendees claimed they had been subjected to strip searches before having their tickets confiscated by police. Speaking to The Sydney Morning Herald in 2019, a 20-year-old woman recalled feeling "scared" and "completely helpless" after allegedly being made to strip naked in front of two female police officers inside a booth at the event. The woman had reportedly been the victim of a sexual assault and said that being strip searched was a "refresher" of the incident. It was alleged that police had ejected the woman from the venue despite no illicit drugs being found during the search.

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 had 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.

Despite opposition, NSW Police had proceeded with the planned operation at the Above and Beyond performance on 9 June. Reporters covering the event at Sydney Showground spoke to a number of patrons who had allegedly been strip searched by officers before being ejected from the event. One woman told SBS News she had been made to "strip and squat" after a positive indication from a drug detection dog, while another woman claimed she had been made to squat naked inside a booth after police had witnessed her handing a fifty-dollar note to her boyfriend. Neither woman was reportedly carrying any illicit drugs. In an unusual move, NSW Police did not issue a media release after the event, with former 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, alleging that each person had been stopped by a drug detection dog and that none were carrying any illicit substances. It remains unclear how many people were ejected from the venue during the operation.

A 6-month ban notice handed to a patron who was ejected from Sydney Showground

Shortly after the event, photos were circulated on social media from an Above and Beyond attendee who claimed he had been issued 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 had begun arguing with the officers who had conducted the search.

Despite controversy surrounding the practice, NSW Police had continued to issue ban notices to patrons at subsequent music festivals. The issue was discussed by the Law Enforcement Conduct Commission in its final report into 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 entitled police to exercise the powers of the Authority, the commission had 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 been received on the matter.

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 24 March when he was approached by three police officers. After claiming she suspected he was in possession of illicit drugs, one of the officers had 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".

Hidden Festival incident

A 19-year-old woman speaking about her experience of being strip searched at a music festival at Sydney Olympic Park in 2019

In a viral post uploaded to Facebook, a 19-year-old woman had recalled being left "humiliated and embarrassed" after allegedly being strip searched by police at the Hidden music festival at Sydney Olympic Park on 2 March 2019. 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 had been taken into a booth with a female officer, who had 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 was alleged that the door of the booth had been 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 was 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 had 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 had 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 report examining the use of strip searches by NSW Police was released by University of New South Wales Law Academics Vicki Sentas and 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, 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 had been established 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 8 July, 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.

"I had to take my top off and my bra, and I covered my boobs and she told me to put my hands up, and she told me to tell her where the drugs were".

"She said, 'If you don't tell me where the drugs are, I'm going to make this nice and slow'".

"She made me take my shorts off, and my underwear, and she made me squat and cough, and squat and cough, and squat and cough, and I had to turn around and squat and cough".

"She opened the door while I was still naked and handed the wallet to someone else then made me stand there for a bit".

—Excerpts from the testimony of a 28-year-old witness who had allegedly been strip searched by police at the Knockout Circuz music festival in 2017.

One particular area of concern for the Court were the circumstances surrounding the death of 18-year-old Nathan Tran, who had died in hospital after consuming after a fatal dose of MDMA at the Knockout Circuz music festival in 2017. Tran had been seen behaving erratically before falling and hitting his head inside the venue and had reportedly become 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 reportedly asked by Counsel Assisting the Coroner Peggy Dwyer if she still attended music festivals in New South Wales. When asked why she didn't, the witness became emotional as she recalled being strip searched by police 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 into 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 officer had opened the door of the booth 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 presence at a music festival she attended earlier in the year had also made her feel "nervous". 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.

Now seriously, what in God's name is going on? We're all opposed to drugs and we're opposed to drug taking and trafficking. But there is certainly no way in the world that kind of behaviour can be condoned in order to find those who are guilty.

— Former 2GB broadcaster Alan Jones speaking about the woman's comments on breakfast radio.

At a Parliamentary Budget Estimates hearing in August, then NSW Police Commissioner Mick Fuller was asked about the allegations put forward by the 28-year-old. Responding to questions from former 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?" he 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, Dwyer drew attention to the Commissioner's comments, telling the court that the woman's full name had been made available to all parties who were present at the hearing, including NSW Police. She went on to state that the Commissioner's barrister had questioned the woman. and had 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" 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 had 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, Grahame had 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, 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 that 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, 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, 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, Grahame had also 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".

Class action

A 25-year-old woman who was strip searched at a music festival in 2017 speaking at the launch of the class action in Sydney

In May 2020, it was announced 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.

Class action documents were filed in the Supreme Court of New South Wales in July 2022. Contrary to previous announcements, the class action will include any person who "attended a NSW music festival held since 22 July 2016" and was "strip-searched by NSW Police on the basis the police suspected you were in possession of drugs". In a statement of claim, lawyers argued that officers had subjected to festivalgoers to "unlawful acts" including assault, battery and false imprisonment. Head plaintiff for the class action is a female patron who had allegedly been strip searched at the Splendour in the Grass music festival in 2018. The woman, who was 27 at the time, had reportedly been stopped by a drug detection dog on her way into the event before being escorted to a search area where police had set-up "a number of open makeshift cubicles" covered by a screen made from "tarpaulin-like material". It's alleged that she was taken into a cubicle where a female officer had ordered her to "lift her breasts and bend over, and to show the officer her genitals to prove that the only item inserted in her body was a tampon". It's also alleged that a male police officer had entered the cubicle where the woman was being searched while she was naked from the waist down. The woman described the experience as "degrading, scary and confusing", adding in a statement that "since then, every time I approach security to enter a festival or gig, I get scared and wonder if it's going to happen to me all over again".

Statistical data

Number of Strip Searches Conducted by New South Wales Police

	2014–2015	2015–2016	2016–2017	2017–2018	2018–2019	2019–2020	Total
Strip Searches in the Field (Conducted Outside of a Police Station i.e. at Music Festivals, Train Stations, Licensed Venues)	3735	5082	4429	5459	5382	3748	22,6688
Strip Searches in Custody (Conducted Inside a Police Station)	N/A	N/A	9469	9381	6827	4285
Total Number	N/A	N/A	13,898	14,840	12,209	8033

Number of Personal Searches Resulting from Drug Detection Dog Indications (UNSW Report Data)

	2009	2010	2011	2012	2013	2014	2015	2016	2017	Total
Total Number of Personal Searches	17,321	15,779	18,821	16,184	17,746	9518	12,893	9497	10,224
Number of Strip Searches	556	773	725	712	735	624	629	590	1124

Number of Personal Searches Resulting from Drug Detection Dog Indications (LECC Final Report Data)

	2014–2015	2015–2016	2016–2017	2017–2018	2018–2019	2019–2020	Total
Total of Number Personal Searches	14,243	10,208	9630	10,800	12,037	6384
Number of Strip Searches	619	663	681	1518	1685	493

Drug detection dog statistics

	October 2019			February 2020
	Total number of personal searches	Number of searches where drugs were found	Percentage of searches where drugs were found	Total number of personal searches	Number of searches where drugs were found	Percentage of searches where drugs were found
2011–2012	14,415	2,574	17.9%	14,169	3,878	26.5%
2012–2013	13,729	3,256	23.7%	14,128	4,506	31.9%
2013–2014	13,999	2,774	19.8%	14,370	4,057	28.2%
2014–2015	14,139	3,006	21.3%	14,254	4,208	29.5%
2015–2016	9,545	3,157	33.1%	10,215	4,294	42%
2016–2017	8,882	3,032	34.1%	9,632	4,119	42.8%
2017–2018	10,183	2,921	28.7%	10,804	3,931	36.4%
2018–2019	11,533	2,757	23.9%	12,025	3,671	30.5%
Total	96,425	23,477	24.3%	100,047	32,664	32.7%

Concerns about the accuracy of figures provided by New South Wales Police

Drug detection dog statistics

In October 2019, then 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 former NSW Greens MP David Shoebridge. The data showed that during the eight-year period between 1 July 2011 and 30 June 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", he said. The Commissioner'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 Elliot in October. In January 2020, the ABC was provided with a new set of figures which showed that between 1 July 2011 and 30 June 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 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.

2019 Daily Telegraph interview

In the wake of recommendations made by Deputy State Coroner Grahame to limit the use of strip searches at music festivals, then 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 18 November, 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".

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.

See also

• Royal Commission into the New South Wales Police Service
• Tasty nightclub raid

References

Category:Strip search Category:Law enforcement in New South Wales Category:Police misconduct in Australia Category:History of New South Wales