The New South Wales government is arguing that police have the authority to use force to move body parts during strip-searches, as it seeks to overturn a landmark class action ruling. The appeal hearing began on Thursday, with the state challenging a September 2025 decision that found police lacked the express power to use reasonable force for such actions.
Background of the Case
The class action, brought by Slater and Gordon lawyers and the Redfern Legal Centre, involved unlawful strip-searches conducted at music festivals between 2018 and 2022. In May 2025, NSW admitted to unlawfully strip-searching lead plaintiff Raya Meredith, reducing the hearing from 20 days to five. Meredith, who was 27 and postpartum at the time, was strip-searched on her way into Splendour in the Grass in Byron Bay in 2018. She was asked to remove all clothing, bend over, bare her bottom, drop her breasts, and remove her tampon. A male officer also entered unexpectedly during the search.
Court Ruling and Damages
Justice Dina Yehia awarded Meredith $93,000, including $20,000 in aggravated damages, and ruled that police suspicion of possessing a personal quantity of a prohibited drug was insufficient to justify a strip-search. The state now argues that Yehia erred in six findings, including the limitation on using force to move body parts.
State's Argument
Perry Herzfield SC, representing NSW, contended that Section 230 of the Law Enforcement Powers and Responsibilities Act (Lepra) allows police to use reasonable force when conducting strip-searches. He clarified that this power does not extend to body cavities and is limited to visual inspection, not touch. Herzfield warned that Yehia's ruling could leave police powerless if a suspect refuses to comply, such as by lying down and refusing to remove clothing.
Judicial Questions
Justice Kristina Stern questioned whether this power includes directing someone to lift their breast for inspection. Herzfield did not directly answer but stated that Lepra does not permit examination by touch. When asked about directing the removal of a tampon, Herzfield responded, "We don't seek to justify that."
Appeal Continues
The appeal, heard by Chief Justice Andrew Bell, President Julie Ward, and Justices Anthony Payne, Anna Mitchelmore, and Stern, is ongoing.
