Increased calls to address strip searching at NSW festivals amid claims women have been asked to remove tampons
As the festival season kicks off, there are increased calls to address police strip searches which have left some music fans “humiliated” after having their “privacy and dignity robbed”.
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Claims festival goers have been asked to remove tampons and perform “degrading” acts during strip searches at NSW music festivals have prompted calls to address the procedure at the state’s upcoming drug summit.
Thousands of music fans are set to descend upon the Knockout Outdoor and Listen Out festivals across the state this weekend, marking the beginning of festival season.
The festivals are being held less than a month before the NSW drug summit, which will be led by former NSW Liberal leader John Brogden and former Labor deputy premier Carmel Tebbutt.
The highly anticipated summit comes after a class action was filed by Slater and Gordon and Redfern Legal Centre (RLC) against the state of NSW on behalf of people who were allegedly unlawfully strip searched by police at music festivals between 2016 and 2022.
Slater and Gordon Senior associate William Zerno said there have been reports of festival goers having to do “really degrading things” during strip searches, with some claiming they were even asked to remove their tampons.
“We are hearing a number of stories from people who had their privacy and dignity robbed by the police pretty significantly, who have been humiliated by police,” Mr Zerno said.
“Who have had to, in some instances, do really degrading things in the course of having to be subject to a strip search.
“There are also stories of minors being strip searched without the company of guardians, females being asked to remove tampons — (it’s a) significant lack of privacy and dignity.”
Mr Zerno said the firm have heard reports of strip searches taking place in the open where other people can see, as well as officers of the opposite sex entering the search.
“We’re seeing a broad spectrum of different experiences. The common thing in all of this is there’s young people going to festivals trying to have a good time with their friends and then suddenly they're ensnared in what is a pretty severe practice by police,” he said.
While strip searches are permitted under the Law Enforcement Powers and Responsibilities Act (LEPRA), Mr Zerno claimed the thresholds are not being met at music festivals.
A 2021-22 review by the Law Enforcement Conduct Commission of NSW Police strip search records found only 27 per cent of strip search records indicated police had followed strip search rules, while only 30 per cent of strip search records “reflected consideration of seriousness and urgency”.
RLC’s Police Accountability Dashboard also found more than 60,000 people were strip searched by police across the state between 2017 and 2023, with no items found in more than 60 per cent of cases.
RLC supervising solicitor of the police accountability practice, Sam Lee, said the findings “tells a very compelling story around disproportionate use of powers”, particularly against First Nations people who represented more than a quarter of all strip searches.
Ahead of this weekend’s festivals, Ms Lee encouraged festival goers to ask police to turn on their body worn cameras and say the words “I don’t consent” if they don’t wish to undergo a strip search.
“But under the law, a person can ask to take a support person with them to the search, so that is one thing to consider,” Ms Lee said.
“But if the search goes ahead, which is quite likely, then the advice I give is to be around a friend immediately. Once they get home, write down everything that happened from start to finish, and then contact a place like Redfern Legal Center to get legal advice.”
Ms Lee has called for strip searches to be addressed at the upcoming drug summit, while Harm Reduction Australia president Gino Vumbaca said there is a “lot of anxiety and concern in the community” about this festival season and the “continued lack of action by the NSW government to allow proven harm reduction programs, such as pill testing, to be available”.
“The use of sniffer dogs at festivals, while providing a strong visible presence for policing, masks a tragic reality that they create panic for some festival and party goers who dangerously swallow all their pills to avoid detection,” Mr Vumbaca said.
“There are already some cases where young people have overdosed and died because of this panicked reaction.
“The time has come for health and police authorities to work with festival promoters and provide a safer festival season for patrons and their families.
“We all want the same outcomes; the government just needs to let the evidence steer the way forward.”
NSW Minister for Health Ryan Park said he is looking forward to “hearing from a range of community voices and their experiences” at the upcoming drug summit.
“The government continues to embrace a comprehensive range of existing measures geared towards awareness, prevention and harm minimisation,” Mr Park said.
“NSW Health works with music festival organisers to keep people safer at music festivals.
“The NSW Ministry of Health, NSW Ambulance and local health districts (LHDs) provide support and advice on harm reduction strategies and risk management approaches for all music festivals across NSW.”
A NSW Police spokesperson said police will “have a presence” at Knockout on Saturday “to ensure the safety of all patrons”.
“Officers will continue to enforce the law with regard to the illegal supply of possession of illicit substances,” the spokesperson said.
Detective Superintendent Paul Simpkins issued a reminder that prohibited drugs are “illegal and potentially life-threatening, especially when combined with alcohol” ahead of Listen Out on Sunday.
“I urge everyone to behave responsibly. If you or one of your mates feels unwell, please seek professional medical attention at one of the medical tents on-site,” Superintendent Simpkins said.
“Our goal is for everyone to enjoy the festival safely. We will not tolerate anyone who intends to jeopardise that safety or thinks they are above the law.”
Originally published as Increased calls to address strip searching at NSW festivals amid claims women have been asked to remove tampons
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