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Children face 'potentially unlawful' and 'invasive' drug and alcohol testing at festival

By Andrew Taylor

One in 10 children at a Sydney under-age music festival faced random drug testing that has been labelled by legal experts "potentially unlawful" and an infringement on civil liberties.

In addition to the tongue swipes for drugs, organisers of the Lost City music festival for 13- to 17-year-olds at the Sydney Showground on Saturday also estimated one in five teenagers would face random breathalysing for alcohol when they entered or during the event.

A child is breath-tested at the Lost City music festival at the Sydney Showgrounds.

A child is breath-tested at the Lost City music festival at the Sydney Showgrounds.Credit: Brook Mitchell

There were lengthy queues as children waited up to an hour to enter the festival, facing repeated warnings that the event was "100 per cent" alcohol and drug free. "If you're asked to stop for a breath test, please do so."

Lisa Woods said she had mixed thoughts about the drug and alcohol testing as she waited for her 14-year-old daughter to enter the festival. (Adults, including parents, were not allowed in.)

"I'd prefer they were overcautious when it comes to drugs and alcohol," she said, adding: "I don't like the idea of a child being strip-searched without a parent there."

Greens upper house MP David Shoebridge joined volunteers handing out cards outlining patrons' rights if they were stopped by police.

Children arrive for the Lost City music festival at the Sydney Showgrounds on Saturday.

Children arrive for the Lost City music festival at the Sydney Showgrounds on Saturday.Credit: Brook Mitchell

The Sun-Herald asked NSW Police if there would be sniffer dogs at the event and whether police would conduct strip searches. A spokesman said: "NSW Police will have a presence at this event, which will include drug detection dogs."

Samantha Lee, police accountability solicitor at the Redfern Legal Centre, said the measures were "potentially unlawful" and jeopardised the safety of young people.

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"This weekend, young people still considered minors under the law – and without a parent or guardian present – are about to be subjected to invasive drug and alcohol testing usually restricted to roadside use or conducted on people operating dangerous workplace machinery," she said.

"Upon entry to the festival, these young people will be confronted by drug dogs, police and security with no understanding of their legal rights, and no one present to advocate on their behalf."

Crowds of children at the Lost City music festival at the Sydney Showgrounds on Saturday.

Crowds of children at the Lost City music festival at the Sydney Showgrounds on Saturday.Credit: Brook Mitchell

A festival spokeswoman said the safety of children attending the event, who could be as young as 12, was of "paramount importance" to organisers.

"All ticket purchasers accept terms and conditions at the time of purchase, which details the requirements of entry to the event," she said.

Teenagers attending the festival faced a battery of security checks including identification and bag checks and bans on items ranging from chap sticks and bumbags to "unauthorised" political, religious or promotional items "of whatever nature", including clothing and leaflets.

"All patrons are patted down for prohibited items," the festival website said.

A spokesman for the NSW Independent Liquor and Gaming Authority said the festival had been required to develop a safety management plan, which mainly covered health and harm reduction measures that organisers are obliged to provide.

"The conditions of entry and alcohol and drug testing measures were put in place by the organiser," he said.

A NSW Police watchdog inquiry heard in December three examples of boys aged between 15 and 17 being told to touch their genitalia at last year's Lost City festival. None of the boys were found with illegal drugs and each denied having been in contact with drugs.

Ms Lee said some festivalgoers might be subjected to an invasive and potentially unlawful strip search.

"We all want young people to be safe, but subjecting young people to potentially unlawful and invasive procedures is making them unsafe," she said.

Rebecca McMahon, vice-president of the NSW Council of Civil Liberties, said the measures adopted by festival organisers were a concerning infringement on civil liberties and personal integrity.

"Young people especially should have the freedom to enjoy music without being subjected to unreasonable restrictions on their possessions, oppressive searches and invasive drug testing," she said.

However, parent Claire Eden said she was not concerned about her 13-year-old son undergoing random drug and alcohol testing.

Ms Eden transported her son and five of his friends to the six-hour festival, which does not allow parents or other adults to accompany their children.

She said her son was not worried about being tested for drugs and alcohol either.

"It's not on his horizon to even consider that kind of behaviour so he wouldn't find it an intrusion or anything else," she said.

Ms Eden said the strict conditions of entry provided boundaries for the festival's under-age patrons, yet provided enough freedom for them to have "a unique experience".

The cost of entry to the sold-out festival for children aged 13 to 17 ranged from $54.90 to $109.90 for VIP tickets, which included express entry, a complimentary meal and soft drink and meet and greets with artists. Patrons will be charged up to $25 to use the cloak room.

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Performers at the festival, which will also be held in Brisbane on February 29, include Chillinit, Luude, Tigerlily, Brooklyn, Horizon and Teddy Cream.

Julia Robinson, the general manager of the Australian Festivals Association, said in a statement that festival organisers had consistently demonstrated proactive approaches to address patron safety.

“Opportunities for young people to attend festivals such as [Lost City] are so limited these days, which is a shame for our industry and the fans,” she said.

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Original URL: https://www.watoday.com.au/link/follow-20170101-p5437c