A senior constable has told a New South Wales police inquiry that all 19 strip searches he conducted at the 2018 Splendour in the Grass festival near Byron Bay may have been unlawful. The officer admitted under questioning that none of the searches met the legal threshold of urgency and seriousness required for such searches to be conducted in the field.
During the Law Enforcement Conduct Commission inquiry, the officer acknowledged that there was no urgency in any of the searches. Commissioner Michael Adams QC pressed the officer, stating that without urgency, the searches could not be lawful. The officer agreed, describing the experience as "a massive learning experience". Only one search yielded any drugs – a single diazepam tablet – leading Adams to question whether police were “just taking a punt” on who they searched.
The inquiry also heard that the officer had not been aware of the requirement for a parent or guardian to be present when strip-searching a minor. This follows evidence from a 16-year-old girl who was left fearful and in tears after being forced to strip naked at the festival. The officer admitted there had been no prior planning for such situations.
Adams criticised the training provided to officers, suggesting that while they are told the rules, they are not given practical guidance on what constitutes urgency or seriousness. The officer agreed that training on these concepts was insufficient. The four-day inquiry continues to examine the use of strip-search powers by NSW police.
