(NSW) Prohibit Consent-Based Strip Searches

Luca Lenarduzzi, Kirsty Umback, Meaghan Kearney, Noah Star, Bianca-Rose Sun, Eren Olmez & Amrita Chahal
May 30
9 min read

Author: Luca Lenarduzzi, Kirsty Umback, Meaghan Kearney, Noah Star, Bianca-Rose Sun, Eren Olmez & Amrita Chahal | Publish date: 30/5/2026

Content Warning: Police intimidation, strip searches and degrading treatment.

P: In NSW, police can conduct strip searches even when the legal criteria for a strip search are not adequately met, provided that individual consent was given.
S: The NSW Attorney General should amend Section 29(2)(b) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) to remove consent as a justification for strip searches.
Redfern Legal Centre (RLC): ‘Strip searches should not be able to be carried out by consent. The law should be amended so that police must in all cases be able to justify a strip search in accordance with the legal criteria.’

Problem Identification:

Section 29(2)(b) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA) permits police to seek an individual’s consent to conduct a strip search. However, Community Legal Centres NSW (CLC), noted that under LEPRA, the legal threshold for a strip search is met ‘when the officer suspects on reasonable grounds that circumstances make a strip search “necessary”, “serious” and “urgent”. But the legislation fails to provide any guidance as to what these terms mean.’

According to a 2019 Report by Dr Grewcock and Dr Sentas from University of New South Wales Law (UNSW Report), strip searches are ‘coercive’ by nature, especially where consent is sought to bypass legal thresholds. RLC Solicitor, Samantha Lee, argued that ‘the high numbers of strip searches in NSW indicate police are failing to meet legal thresholds and the law is failing to provide much needed safeguards.’

Context:

Under LEPRA, strip searches refer to a ‘search of a person or of articles in the possession of a person that may include … requiring the person to remove all of his or her clothes, and … an examination of the person's body … and of those clothes.’ According to Community Legal Centres NSW (CLC) ‘police … [also] have the power to strip search children between the ages of 10 and 18.’ This means that children ‘can be subjected to a full body strip search, and in some circumstances, without a parent or guardian present’. CLC further reiterated that ‘strip searches … can be intrusive, humiliating and harmful’.

A 2025 RLC Report highlighted that over 10 years, NSW police conducted 82,471 strip searches, with 86.5% finding no illicit substances.

Arguments:

The UNSW Report concluded that police hold significant coercive authority over civilians, creating a ‘power imbalance between state and citizen’ that prevents the latter from truly giving consent. Dr Grewcock and Dr Sentas (2021) observed that strip searches can intimidate and humiliate individuals, compromising consent. Samantha Lee stated that while ‘it is not illegal to refuse [a] … strip search’, the imbalance of power means ‘the cards are stacked against the person who does not comply’. Paramount Law highlighted the District Court case of Attalla v State of NSW [2018], where Mr Attalla refused a strip search and was arrested for hindering police. According to Paramount Law, the court awarded damages to Attalla, citing the illegality of the arrest.

The UNSW Report argued that strip searches are conducted without evidence of an immediate or serious threat to personal safety, having become ‘increasingly normalised’ in NSW. The RLC noted that they are designed to ‘be a last resort and not the first port of call’. However, the UNSW Report reported that police are ‘using strip searches routinely with little regard for the law.’ Grewcock and Sentas (2021) outlined that ‘there is a constant tension between the formal restrictions on police power imposed through mechanisms such as LEPRA and practice on the street’. According to the UNSW Report, this demonstrates that a reliance on consent contributes to practices extending beyond LEPRA’s legal limits.

RMIT Criminology Lecturer Peta Malins stated the overuse of strip searches undermines trust with young people and vulnerable groups, ‘causing significant and lasting trauma and harm.’ Samantha Lee noted police discretion creates a ‘pattern of proactive policing’ that disproportionately affects Aboriginal and Torres Strait Islander people and young people. Lee further argued that such practices ‘inflicts ongoing trauma on many young people’. A 15-year-old boy who underwent a strip search at a Sydney music festival said he was ‘so nervous he was shaking’.

Advice/Solution Identification:

RLC, CLC and Dr Grewcock and Dr Sentas, have called for the prohibition of consent-based strip searches. In the UNSW Report, Dr Grewcock and Dr Sentas highlighted that amending the law would require police conducting strip searches to do so ‘in accordance with the [other] legal criteria’. They further stated that these amendments could provide greater clarity and transparency, and ‘increase police accountability.’

Precedent:

There is international precedent for removing consent as a justification for police strip searches. In Scotland, the police hold equivalent strip search powers. However, Citizens Advice Scotland noted that you can no longer be asked to give consent to be searched, and the police must have a warrant or show legally justifiable grounds to do so.

Public Support:

Broad Support:

NSW Council for Civil Liberties - Called for broad reform for NSW strip search practices and endorsed the RLC-commissioned report by Dr Grewcock and Dr Sentas, without explicitly calling for this change.
Sydney Criminal Lawyers - Criticised aspects of LEPRA, including the limitations for civilians declining to provide consent, but focused more on indications from drug detection dogs and did not explicitly call for this change.

The following legal experts were signatories to the RLC’s 2019 open letter to the NSW Police Minister outlining their concerns about the rise in the use and application of strip searches in NSW and the need for law reform:

This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.

News Coverage:

SBS - “NSW police won't review strip-searching policies despite reports of officers targeting Indigenous children”. The article reported on the disproportionate impact that strip searching practices are having on vulnerable communities, including First Nations People. By: Rachael Knowles | Wed 20 Mar 2024 - Read the article here.
The Guardian - “NSW urged to stop strip-searches of young people after court ruling spotlights police conduct”. Coverage of NSW Supreme Court ruling regarding the strip searching of young people. By: Jordyn Beazley | Thurs 02 Oct 2025 - Read the article here.
The Guardian - “A police strip-search left a young woman feeling dehumanised. New data reveals the extent of the practice in NSW”. The article highlighted the number of strip searches taking place in NSW through the RLC’s police accountability dashboard. By: Catie McLeod | Wed 25 Sept 2024 - Read the article here.
ABC - “NSW Police who strip searched teens did not understand the law, inquiry finds”. The article reported on the initial findings by the LECC in its investigation into police strip search powers and emphasised the humiliating impacts of reported police conduct. By: Maddy King | Fri 08 May 2020 - Read the article here.

Where to go to learn more:

(2019) Rethinking Strip Searches by NSW Police | Dr Michael Grewcock and Dr Vicki Sentas, UNSW Law - Commissioned by RLC, this report investigated the ‘adequacy of the law regulating strip searches conducted by NSW Police’. By considering anecdotal evidence regarding the effects of strip searches, it provided recommendations for reform, including that strip searches should not be able to be conducted by consent. View the report here.
(2020) Inquiry into NSW Police Force strip search practices | Law Enforcement Conduct Commission - Launched in 2018 following a number of complaints regarding police conduct, this inquiry provided investigations of NSW Police Force (NSWPF) strip search practices, and analysis of their policies and training. It provided a number of recommendations, including ensuring NSWPF meet threshold requirements under LEPRA regardless of consent. View the inquiry here.
(2023) Abolishing Police Consent Searches Through Legislation: Lessons From Scotland | Josephine Ross - This academic journal article reflected on the removal of consent as a search justification in Scotland and its pro-social impacts, providing a useful precedent for NSW reform, despite its overseas context. View the journal article here.
(2019) Open Letter to the NSW Police Minister on Strip Searches | Redfern Legal Centre and Community Organisations - This open letter called on the NSW Government to urgently reform police strip search practices following growing concerns regarding unlawful and traumatic searches, particularly affecting young people and vulnerable communities. The letter argued that police were routinely exceeding their powers under LEPRA and called for legislative reform. View the open letter here.
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) - View the full Act here.

Human Perspective:

CW: The following story contains details regarding police intimidation, strip searches, and degrading treatment, which may be distressing or triggering for survivors of sexual assault or police misconduct.

17-year-old Leo was standing in line to enter a NSW dance music festival when a drug detection dog sat down next to him. He was then directed by three police officers to a private enclosure containing a small canvas tent. The officers did not identify their rank, administer a caution or ask his age. Although he had no visible contraband after an initial search, one officer informed him that he should agree to a strip search or he faced potential charges of hindering police. Leo felt intimidated by the number of police present, so he offered a verbal ‘okay’ which the police recorded as consent. Inside the demountable tent, Leo was then instructed to remove his clothing for a visual inspection. The search included a request for him to squat while undressed. Officers also performed a visual inspection of his body parts, including his genital area, to look for hidden items. Ultimately, no illegal substances were discovered. Following the procedure, Leo was permitted to dress and return to the festival. While the physical encounter was brief, Leo felt significant humiliation and distress as a result of his interaction with the police.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement:

N/A

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Reference list:

Community Legal Centres NSW. (n.d.). Discretion and discrimination: Rethinking strip searches. https://www.clcnsw.org.au/discretion-and-discrimination-rethinking-strip-searches

Community Legal Centres NSW. (n.d.). Rethinking strip searches in NSW.

https://www.clcnsw.org.au/rethinking-strip-searches-nsw

Grewcock, M., & Sentas, V. (2021). Strip Searches, Police Power and the Infliction of Harm: An Analysis of the New South Wales Strip Search Regime. Crime Justice Journal, 10(3), 191-206. https://www.crimejusticejournal.com/article/view/1665/1092

Grewcock, M., & Sentas, V. (2019). Rethinking Strip Searches by NSW Police Report. University of New South Wales. https://rlc.org.au/sites/default/files/attachments/Rethinking-strip-searches-by-NSW-Police-web.pdf

Gregoire, P., & Nedim, U. (2024, April 3). Is It Illegal to Refuse a Strip Search in NSW? Sydney Criminal Lawyers. https://www.sydneycriminallawyers.com.au/blog/is-it-illegal-to-refuse-a-strip-search-in-nsw/

Law Enforcement Conduct Commission. (2020). Review of NSW Police Force Standard Operating Procedures for strip searches in custody. https://www.lecc.nsw.gov.au/publications/publications/review-of-strip-search-sops-january-2020.pdf?expand=actions,breadcrumbs,navigation&expand.navigation.depth=2

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-103

Malins, P. (2019, December 7). Strip-searches are a form of state-sanctioned violence that must stop. The Guardian. https://www.theguardian.com/commentisfree/2019/dec/07/strip-searches-are-a-form-of-state-sanctioned-violence-that-must-stop#:~:text=The%20potential%20for,strip%2Dsearch%20practices

Redfern Legal Centre. (2025, July). The Use of Strip Searches & Drug Dogs in NSW.

https://rlc.org.au/sites/default/files/2025-07/The%20Use%20of%20Strip%20Searches%20and%20Drug%20Dogs%20in%20NSW.pdf