The NSW Government has conceded there was “no lawful basis” to strip search a Splendour in the Grass festivalgoer amid an ongoing class action alleging widespread unlawful searches across NSW music festivals.
The suit, brought by Slater & Gordon and Redfern Legal Centre in 2022, alleges the searches may have impacted thousands of festivalgoers. This latest admission relates to the lead plaintiff’s claim she was unlawfully strip searched at the 2018 Splendour festival at Byron Bay.
Lodged as part of an amended defence statement, it comes just weeks ahead of the trial of the class action scheduled for 5 May 2025.
As reported by news.com.au, the government accepted on Wednesday the officers who conducted the 30-minute search “did not have reasonable grounds to suspect that the strip searches were necessary for the purposes of the search”.
Additionally, it accepted the strip searches were conducted “without compliance with section 34A (law enforcement powers and responsibilities act) in that the police officers did not carry out the strip searches with the plaintiff’s … consent”.
It admitted that, during the strip search, the plaintiff was unlawfully directed to remove a tampon and that a male police officer walked in when she was undressed.
Court documents state the lead plaintiff and the police officer who searched her were both females. No drugs or prohibited items were found on the plaintiff.
Rory Walsh, practice group leader in class actions at Slater & Gordon, said that while the firm welcomed the “long overdue” admission, they intended to demonstrate in the trial that the widespread use of strip search powers, are, in many instances, similarly unlawful.
“Making this admission weeks out from the trial has meant that the representative plaintiff has had the prospect of being cross examined as to her experience of being strip searched, hanging over her head for the last two and half years,” he said in a statement.
“It should not have taken this long for the NSW Police to admit to the truth of what happened to the plaintiff, but we are pleased that she has finally been believed.”
According to Walsh, over 3,000 people have registered with the firm to date regarding this proceeding. (Source: Getty)
Per the lawsuit, a strip search may include a situation where police ask attendees to remove all of their clothing, but it can also include: being asked to take off some clothing (other than outer-layer clothing like a jacket); asked to show or move their bra or underpants; police peering into clothing to see the bra, underpants, or parts of the body; and police putting their hands under or touching under clothing.
Sam Lee, supervising solicitor at Redfern Legal Centre, described the trial as “an important step in holding NSW Police accountable for the degrading strip searches that thousands of festivalgoers were subjected to”.
“For decades, people have been humiliated, intimidated and often left traumatised by these experiences of police officers abusing their powers. This class action is about securing justice for those individuals and ensuring we put an end to these invasive and unlawful practices,” Lee said.
“This isn’t just about music festivals. It’s about the rights of everyone and the need for police to follow the law. Strip searches should never have been allowed to become routine practice.”
PEDESTRIAN.TV has reached out to NSW Police for comment.
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