Watchdog recommends NSW Police apologise to woman strip-searched at festival

NSW Police will continue to follow their usual procedures during strip searches despite the actions being described as humiliating and degrading by those who are searched, the police watchdog has said.

In a report on Tuesday, the Law Enforcement Conduct Commission detailed a series of complaints investigated by police after five young women were strip-searched at music festivals in 2018 and 2019 and two were searched outside The Star casino in Sydney.

Police at the Field Day music festival in January 2020.Credit: James Alcock

One of the women strip-searched outside the casino, in January 2019, was asked to remove her tampon, with the commission saying the investigation "revealed a lack of clarity for frontline officers regarding the lawfulness of such a request".

"In response to this and other factors, the [NSW Police] produced the person search manual in August 2019 to ensure police officers are appropriately instructed as to how searches are to be conducted," the watchdog said in its report.

Other incidents examined by the police investigation Strike Force Blackford – which was monitored by the commission – include a young woman who said she was made to cough and squat when she was searched at the Hidden music festival at Olympic Park in March 2019. No drugs were located.

She was then evicted from the festival and issued a six-month banning notice for Sydney Showgrounds. The investigation found there was "insufficient lawful basis" for the strip search and the banning notice, with sustained findings recommended against two of the officers involved.

The commission said an apology was "a matter for the consideration of the Commissioner of Police" but it recommended police consider issuing an apology to the woman.

Another young woman, who was working at the Secret Garden Festival as a performer in February 2019, was required to pull down her underpants and bend over. Her parents made a complaint to Premier Gladys Berejiklian, describing it as a "degrading act". No drugs were located.

The commission said the policing of large music festivals involved "significant police resources" including officers being drawn from different commands, with some police "not experienced in exercising the police powers commonly required at festivals".

Under the Law Enforcement (Powers and Responsibilities) Act, a strip search can be carried out if an officer "suspects on reasonable grounds that the strip search is necessary" and that "the seriousness and urgency of the circumstances make the strip search necessary".

The commission said "recurring issues" that emerged at festivals include the lawfulness of the searches, festival-goers describing them as "humiliating", and officers stating they feel under pressure to conduct the strip searches.

"Many of the people who experienced a strip search investigated in Strike Force Blackford described their experience as humiliating or degrading. Persons searched stated they were requested to cough and squat or to bend over," the commission said.

According to the commission's report, findings from the strike force have informed changes to police policy and procedures, including training in relation to strip searches in general, and particularly those carried out at music festivals. The commission said many practices have "substantially improved".

However, police do not intend to reverse "their current instructions" on person searches, which say officers may, "amongst other things, request that a person squat, lift their breasts, part their buttock cheeks or turn their body".

An updated version of the person search manual is being prepared.

In a previous report, the commission noted that the Solicitor-General's advice to police was, in substance, that "the suspect can be asked to perform these actions", but no opinion was provided as to whether the suspect is under a legal obligation to comply.

A police report collating the "systemic and organisational issues" that emerged during Strike Force Blackford is expected to be finalised next month.

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