NSW Strip Search: One day, you're at a music festival, excited and carefree. Suddenly, a NSW police officer pulls you aside and orders you to strip naked. It's humiliating, invasive, and deeply distressing. For many music lovers in New South Wales, it's a reality that's becoming all too common.
At O'Brien Criminal & Civil Solicitors, we understand how traumatic these encounters can be. Strip searches are among the most invasive police powers, and the law is clear: they must be used only in limited circumstances, with strict safeguards.
Now, a landmark class action before the NSW Supreme Court is challenging thousands of these searches. This important case raises major questions about the legality of recent searches, police accountability, and your rights.
When Can Police Strip Search You in NSW?
A strip search involves requiring someone to remove all or most of their clothing so that police can inspect for prohibited items, such as drugs or weapons. In NSW, these searches are governed by the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA). This Act sets out strict rules to protect personal dignity. Basically, police officers can only carry out a strip search when:
- You are under arrest or lawful detention, and
- They have reasonable grounds to suspect you're concealing prohibited items, and
- The situation is serious and urgent enough to justify the search.
They must also:
- Conduct the search in private,
- Use an officer of the same sex,
- Avoid any physical contact as much as possible,
- Not involve the search of body cavities, and
- Ensure it's carried out as quickly and respectfully as possible.
Yet despite these legal limits, evidence suggests these rules are frequently being ignored or misapplied.
Read more on the legal framework in Redfern Legal Centre's submission
NSW Strip Search at Music Festivals
Strip searches at music festivals have surged in recent years. According to research, the number of recorded strip searches rose nearly 20-fold between 2006 and 2018. In many cases, these searches yielded little to no contraband.
So, why the concern over recent NSW strip searches?
- Searches are often not based on reasonable grounds. Sometimes triggered only by a drug detection dog indication, which has a high false-positive rate.
- Privacy violations are common, with people searched in tents or areas where they can be overheard or seen.
- Same-sex search rules have reportedly been breached.
- In some cases, minors have been strip-searched without a parent or guardian present, violating legal protections.
- Allegations have surfaced of particularly invasive and inappropriate conduct, including forced removal of tampons.
Redfern Legal Centre highlights multiple breaches in their review of festival searches
These practices have led to trauma, mistrust in police, and calls for comprehensive reform.
The Landmark Class Action Against NSW Police
In July 2022, a class action was launched in the NSW Supreme Court. This case represents individuals strip-searched at festivals between 2016 and 2022. The action alleges that many of these searches amounted to assault, battery, and false imprisonment, breaching LEPRA and common law protections.
In a major development, the NSW Government admitted there was no lawful basis for the strip search of the lead plaintiff. Police searched this woman at Splendour in the Grass in 2018.
Read about the government's admission via Redfern Legal Centre
This case could have wide-reaching implications, especially if systemic misconduct is proven. Over 100,000 music festival ticket holders have been notified about the class action, with thousands already registering participation.
Full case information is available on the Supreme Court's site
NSW Strip Search: Why This Case Matters
This isn't just about what happens at festivals.
It's about the limits of police power and your right to be treated with dignity and lawfulness. No matter where you are, strip searches are a serious infringement of privacy. If these searches are misused, they can cause long-lasting psychological harm.
This case is an opportunity to:
- Reinforce boundaries around police powers
- Clarify the law around strip searches
- Hold authorities accountable when breaches occur
- Push for systemic reform and stronger protections
At O'Brien Criminal & Civil Solicitors, we support any effort to ensure police powers are used responsibly and fairly.
How O'Brien Solicitors Supports Victims of Unlawful Strip Searches
We've acted for many clients who were strip-searched unlawfully. These cases are often emotionally challenging, clients may feel ashamed, violated, or unsure whether the search was legal.
We help by:
- Listening and validating your experience
- Explaining your rights clearly
- Reviewing police conduct for legal breaches
- Preparing compensation claims for unlawful search, assault, or false imprisonment
- Negotiating settlements or representing clients in civil proceedings
View a case study of a successful civil claim we ran
Our aim is to make the legal process empowering, not overwhelming.
What to Do If You've Been Strip Searched
If you've been subjected to a strip search and believe it was unlawful or inappropriate, here's what to do:
- Write everything down as soon as possible, what happened, where, when, and who was involved
- Get contact details for any witnesses
- Preserve any evidence, such as photos, video, or messages
- Seek legal advice as early as possible
Even if you're unsure whether your rights were breached, it's worth speaking to a solicitor. You don't have to face it alone.
Visit our strip search advice page for more details
What Comes Next
This strip search class action is being closely watched across Australia. Its outcome could lead to:
- Clearer legal standards around when and how strip searches can be used
- Greater police accountability
- New protections, especially for young people and vulnerable groups
- A shift in policing culture towards respect and restraint
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
