According to data, NSW Police strip searched girls as young as 12. The controversial power to strip children needs reviewing. It's as simple as that.

Today, The Sunday Herald reported that Police Minister Yasmin Catley has promised to review the law.

Data confirmed that police strip-searched over 100 kids. This included girls as young as 12. On Friday, Parliament minister, Tara Moriarty, said the figures were "cause for concern."

NSW Police Strip Search Children

Why is this happening? New South Wales police believed these kids were hiding drugs or weapons.

From July 2022 to June 2023, three primary school girls and six 13-year-old girls had to remove their clothing. However, that was not all. Apparently, 107 children had to strip during 2022 to 2023. In addition, 20% of the children searched were Indigenous.

Effect of Unlawful Strip Searches on Children

As a result, children might grow fearful of the police after unlawful searches. This could be their first interaction with law enforcement. Similarly, having such a negative experience can lead to them not trusting the police. For example, this means they are less likely to go to the police with information about a crime. Also, for help or to have a pill tested at a festival.

NSW Police have confirmed that strip searches should only occur if the situation is serious. However, if an officer believes that a search needs to happen immediately for safety concerns, they can do so without adult consent.

The issue with the power to strip search children in New South Wales

Experts have suggested that the right to search children is more like a routine practice of police. However, it is only meant to be used for emergencies. In addition, experts say the power is barbaric. Also, it lacks any form of child protection.

Recently, our Principal Solicitor and founder, Peter O'Brien, spoke to the Law Society Journal on unlawful strip searches. Over the past two years, O'Brien Criminal & Civil Solicitors have handled dozens of cases of unlawful strip searches.

Peter confirmed that in every case, we succeeded in securing a compensation payout for the client. In other words, we have a great track record of winning these cases.

In addition, Peter stated that compensation is generally in the range of "tens of thousands rather than hundreds of thousands." However, every case varies.

O'Brien adds:

"In general, a short detention and an unlawful strip search where police have not touched the plaintiff, plus legal costs will be in the tens of thousands. However, we've had matters where serious traumatic, psychological effects on a client have resulted in six figure settlement."

Strip Searches akin to sexual assault

Further, Peter explained that unlawful strip searches are like sexual assault:

"In the cases, under-18s are not accompanied by an adult. It is expected under the law, so they are totally unassisted during the strip search. In some cases, people must bend, squat and manipulate views of their genitalia, which is akin to a sexual assault in my mind, and I struggle to see how that's not the case."