On 5th May, a class action on the legality of strip searches conducted at music festivals between 2016 and 2022 began.
The case is being led by Slater and Gordon Lawyers and the Redfern Legal Centre (RLC) against the state of NSW. It was lodged by plaintiff Raya Meredith.
This is a “representative proceeding”, which means that the action is being taken on behalf of all people who have alleged that they were unlawfully strip-searched for prohibited substances by police officers at music festivals in NSW between 22nd July 2016 and 22nd July 2022.
Meredith is being represented in the action by Kylie Nomchong SC and A. H. Edwards. The state of NSW is represented by Julian Sexton SC.
The hearing will take place over twenty days, presided by Judge Dina Yehia.
RLC Supervising Solicitor Sam Lee commented that “This trial is an important step in holding NSW Police accountable for the degrading strip searches that thousands of festival goers were subjected to. For decades, people have been humiliated, intimidated, and often left traumatised by these experiences, with police officers abusing their powers.”
He added, “This isn’t just about music festivals — it’s about everyone’s rights and the need for police to follow the law. Strip searches should never have been allowed to become routine practice.”
Rory Walsh, the Practice Group Leader of Class actions at Slater and Gordon, commented that “Over three thousand group members have registered with our firm to date in respect of this proceeding.”
During proceedings, Nomchong has said that the state has failed to train police officers correctly in the rules around strip searches, and has knowingly deployed large numbers of police officers at music festivals.
Nomchong said that strip searches should only be legal “in the most extreme of circumstances” but that during the period between 2016 and 2022, police officers had been conducting strip searches “as a matter of routine”.
According to Slater and Gordon, strip searches have increased by 2000 per cent in a little over a decade, and should only be used “as a last resort”.
NSW legislation states that an ordinary search can be legally conducted when police officers reasonably suspect that a person has drugs or stolen goods. They can then conduct a strip search if they reasonably believe that it is necessary due to the ‘seriousness’ and ‘urgency’ of the circumstances.
In a strip search, people must generally be searched by someone of the same gender, they cannot be asked to squat or cough, and they cannot be questioned during the search. The search must be conducted in privacy and anyone under the age of 18 who is being searched must have a parent or guardian present.
The RLC has been running a ‘Safe and Sound’ campaign as part of its work to change strip search laws.
The class action also builds on research done by UNSW which found that in the year to 30th November 2006, strip searches had been conducted 277 times, whereas in the year to 30th June 2018, strip searches had been conducted 5,483 times.
Since 5th May, the class action is available to view through a YouTube livestream. The trial is taking place at the Supreme Court of New South Wales, 184 Phillip Street, Sydney NSW 2000. It is open to the public.
