NSW Strip Search Laws: A Guide

In NSW, police officers are empowered to conduct strip searches under specific circumstances as outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA). According to LEPRA, a strip search can only be conducted if the officer suspects on reasonable grounds that it is necessary for the purpose of the search and that the seriousness and urgency of the circumstances require such a search.

This standard is meant to ensure that strip searches are not carried out arbitrarily and are reserved for situations where less intrusive search methods are insufficient.

The law on Police Search Powers are vested in Part 4 (Search and seizure powers without warrant) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA).

When conducting a search, police have to use their power in compliance with LEPRA. Section 21 of LEPRA sets out that, a police officer may without a warrant, stop, search and detain you, and anything in your possession, or under the control of you, if the police officer suspects on reasonable grounds that –

• You have anything stolen or otherwise unlawfully obtained;
• You have anything used or intended to be used in or in connection with the commission of an offence;
• You have a dangerous article (firearm/toxic chemical/explosive) that is being or was used in or in connection with the commission of an offence; and
• You have prohibited plants or prohibited drugs in your possession.

Under Section 21A of LEPRA, if the police suspect on reasonable grounds that you have a thing mentioned above concealed in your mouth or hair, they have a right to require you –

• to open your mouth to enable it to be searched; or
• to shake, or otherwise move, your hair.

The Role of LECC and Oversight

The Law Enforcement Conduct Commission (LECC) plays a critical role in overseeing police conduct, including the use of strip searches. The LECC investigates complaints and incidents involving NSW police strip searches to ensure compliance with legal standards and to address any misconduct. The commission’s oversight is crucial in maintaining public trust and ensuring that law enforcement practices do not overstep legal boundaries.

Music Festivals – Know Your Legal Rights

Music festivals have become focal points in the debate over strip searches. High-profile cases of young attendees being strip searched, often without sufficient grounds, have sparked outrage. The Redfern Legal Centre and senior solicitor Samantha Lee have been vocal critics of these practices, arguing that they often lack justification and can result in severe emotional and psychological harm. These incidents have led to calls for clearer guidelines and stricter oversight to prevent unnecessary and invasive searches.

If you find yourself in a position where police approach you, you should know your legal rights and what police can or cannot do.