Indigenous children continue to be , making up about 21 per cent of all people aged between 10 and 17 years old strip-searched in the past financial year.
The police data, obtained under freedom of information laws by the Redfern Legal Centre and seen by SBS News, shows 96 children were strip-searched in 2019-20, representing 2.5 per cent of the total number of people searched during the year.
Aboriginal and Torres Strait Islander people made up 20 per cent of all children searched, up from 13 per cent the previous year.
Seven strip searches were conducted on children aged between 11 and 14 years old, which a police spokesperson said “were reviewed and found to comply with policy and legislative requirements”.
“The disproportionate number of Aboriginal and Torres Strait Islander people that have been strip-searched is definitely a standout issue,” said Sam Lee, a solicitor with Redfern Legal Centre specialising in police accountability practices.
“And also the ongoing strip-searches of children, which is always a big problem because of the impact it has on them psychologically and physically.”
During the same period, the total number of Indigenous people being searched increased from 9 per cent to almost 13 per cent, despite only making up 3.4 per cent of the wider NSW population.
But the total number of strip searches for 2019-20 was down by 30 per cent on the previous year - 5,366 to 3,750 - with Ms Lee suggesting this is due to the .
For example, the data shows strip-searches at Sydney Olympic Park, where a number of large music festivals are usually held, to be down 78 per cent from the previous year. At Sydney’s Moore Park, also usually used a venue for music festivals, the number of strip-searches dropped by 64 per cent over the same period.
“Before COVID, a massive number of strip-searches were being conducted at music festivals," she said.
“But what we have seen is that the focus has shifted from music festivals to an increase of strip-searches amongst First Nations people and this is incredibly disturbing.”
In the majority of searches conducted during 2019-20 (54 per cent), no illegal items were found.
An NSW Police spokesperson said a number of changes to policies, processes, and training had been implemented, including a new Person Search Manual and updated music festival procedures, following findings of unlawful searches by the Law Enforcement Conduct Commission .
The Commission is set to release its final report into the review of strip-searches later this year.
“We understand the importance of this review and will take a considered approach when the findings are tabled in Parliament later this year,” the spokesperson said in a statement on Monday.
“A strip-search can only be undertaken when a police officer has the state of mind required by the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA).
“The legislation contains safeguards to preserve the privacy and dignity of members of the public. There are additional safeguards for children and vulnerable people with which police must comply.”
Redfern Legal Centre has teamed up with Slater and Gordon Lawyers to look into a potential class action for people who have been unlawfully strip-searched by NSW Police.
The legal action seeks to obtain compensation for potentially thousands of people who may have been unlawfully searched by NSW Police over the past six years.
