Inquiry into the Crimes Amendment (Prohibiting the Strip Searching of Children) Bill 2026

RLC supports the Crimes Amendment (Prohibiting the Strip Searching for Children) Bill 2026.

Our casework and freedom of information data show that children in NSW are still being strip searched. Strip searching is invasive, harmful, frequently ineffective or unnecessary, and often unlawful. Children should not be exposed to a police power so traumatic and prone to misuse.

However, this Bill may not be the most appropriate way to prohibit strip searching of children in Australia, as it may exceed Commonwealth legislative power.

If so, RLC recommends the Commonwealth work with the States and Territories to review and consider prohibiting the strip searching of children in each jurisdiction.

This submission draws on RLC's NSW work on strip searches and therefore reflects our predominantly NSW experience.

Recommendation 1: The Commonwealth should work with state and territory leaders through the Police Ministers Council and the Standing Council of Attorneys-General to review state and territory laws on strip searching of children, achieving a nationally consistent prohibition.

Recommendation 2: If strip searches against children are not prohibited, child-protection principles should be included in police powers legislation, including specific safeguards for strip searching children.

Recommendation 3: The Crimes Act 1914 (Cth) should be amended to provide greater protection for children subjected to strip searches under Commonwealth legislation.