Class action being investigated over unlawful police searches at Splendour in Grass music festivals

Splendour in the Grass patrons who were unlawfully searched by NSW Police could each be entitled to substantial compensation, class action investigators from Redfern Legal Centre and Slater and Gordon Lawyers have revealed today. People affected by serious breaches could potentially be entitled to tens of thousands of dollars each.

Hundreds of people are believed to have been unlawfully searched at the Splendour in the Grass music festivals in 2016, 2017, 2018 and 2019.

Anyone searched by NSW Police at those festivals – including those asked to lift or remove clothing during a search, or who had police peer into their trousers or look under their tops – is being urged to immediately register at www.slatergordon.com.au/splendour to find out on how this potential case might affect them. Registration is free and confidential.

Redfern Legal Centre’s Principal Solicitor Alexis Goodstone said unlawful searches by NSW Police were a systemic problem that urgently needed to be addressed.

“A class action is a legal means for a group of people to come together to call out an unlawful and damaging practice in a way that is easy to participate because it is largely anonymous and risk-free,” Ms Goodstone said.

“This ground-breaking class action will seek redress for the many people subjected to invasive and traumatic searches. We also hope this test case will pave the way for a series of cases focusing on other locations or music festivals, and importantly, help stop unlawful police searches in NSW.”

The class action investigation follows an earlier probe by RLC and Slater and Gordon that revealed systemic and unlawful police searches were being carried out across the state.

Slater and Gordon Senior Associate Dr Ebony Birchall said: “An unlawful police search is classified by law as an assault and gives rise to compensation. We believe that hundreds of people who were searched by police at Splendour may have been subject to unlawful searches and therefore may be entitled to compensation.”

Some festivalgoers searched by police – including people aged under 18 – were allegedly directed to lift or remove items of clothing, strip naked and squat and cough, or lift their genitals so officers could visually inspect body cavities.

The NSW Law Enforcement Conduct Commission (LECC) released reports last year that detailed widespread unlawful search practices by NSW Police. The LECC investigated the 2018 Splendour in the Grass festival specifically, and made several findings, including that NSW Police performed an unlawful strip search of a 16 year old female, failed to train officers to uphold the laws that govern police searches, and failed to ensure the privacy and dignity of people during searches.

Splendour in the Grass co-founder Jessica Ducrou said: “Splendour wishes to make clear that we had no insight into NSW Police search processes at our festivals. We do not support drug dog operations as a method to manage a broader societal challenge that extends well beyond the context of a music festival. We support our patrons who wish to come forward to call out and help stop unlawful conduct.”

PRESS CONFERENCE: 3pm today, Tuesday 16 November 2021

The RLC’s Alexis Goodstone, Slater & Gordon’s Ebony Birchall and a man who was unlawfully searched at the 2016 Splendour in the Grass will be available to answer media questions at 3pm TODAY at Slater and Gordon’s Sydney office, 14/55 Market St. Those attending must provide proof of double vaccination.

/Public Release. View in full here.