Chris Minns’ political platitudes do not pass the drug test

Premier Chris Minns’ observation that it would be far better if young people did not take drugs before they went to music festivals feels to be a simplistic statement. Meanwhile, the government inexplicably continues to drag its feet on finding a more holistic answer to the broader problem, which could be through Labor’s pre-election promise of a drug summit.

The premier’s comment follows worrying revelations that NSW Police continue to strip-search children despite well-founded fears they often do not meet the legal threshold to justify such action nor his promise to review the policies underpinning the practice and direction to police to do likewise.

Church and faith leaders are urging the acceleration of drug reform to avoid “disastrous” interactions with the criminal justice system.Credit: James Alcock

The Herald reported last October that at least 115 girls and boys aged from 12 to 17 were strip-searched in two years to June 2023. On Monday,  our Caitlin Fitzsimmons used FOI (freedom of information) to show police have not stepped back: between October 18, 2023 and February 14, 2024 they stripped-searched a further 26 children.

They included a 12-year-old, two 13-year-olds and one 14-year-old. Police found weapons only three times. In the four-month period, there were 14 children strip-searched “in the field”, which includes 10 in public places such as shopping centres, music festivals and parks, and four in police stations without officially being in custody.

Another 12 children were strip-searched while in police custody. The reason for the search authority in the 14 strip-searches when the young person was not in custody was mostly to “ensure does not harm self or others” and “suspected possession of illegal drug”, which accounted for five searches each. Across the 14 strip-searches not in custody, the police found a total of nine items including a book/stationery item and two cash/documents, two drugs and one drug implement, and three sharp/cutting instruments.

The police searches came down heavily on one section of society: only one in 16 children in NSW is Aboriginal or Torres Strait Islander, but between October-February, seven of the 26 children strip-searched were Aboriginal.

Minns seems to have adopted a tread softly approach to NSW Police strip-searching children, saying he wanted a review, but it was a difficult “area” of law.

“Ultimately, the decision by NSW Police, particularly around music festivals, goes ahead so that young people in particular don’t take illicit drugs, and it doesn’t lead to an overdose death at music festivals,” he said. “It’d be far better if these illicit substances weren’t taken before people entered these music and rock festivals.”

The issue of police strip-searches has been conflated with proposed tougher bail laws to address the growing problem of youth crime in regional NSW and heightened concerns over music festival drug deaths. But Labor in 2019 committed to holding a drug summit, which predated an ice inquiry commissioned by former premier Gladys Berejik­lian, and recommended the decriminalisation of illicit drugs. Church and faith leaders are urging the acceleration of drug reform to avoid “needless” and “disastrous” interactions with the criminal justice system as the promised drug summit remains dateless.

To its credit, Labor recently legislated a “two-strike” policy, which would mean people caught with small quantities of illicit drugs, including ice, cocaine and MDMA, would be able to receive fines and access to health programs rather than face criminal charges.

Labor has persistently said there would be a drug summit but has so far declined to give a precise date. Now the government is overwhelmed by core issues – housing, essential workers’ pay and forecast cuts to NSW’s GST revenue – social reforms such as the promised drug summit seem to have taken a back seat.

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