Parliament is being encouraged to modify the laws to protect civil liberties
Legal bodies have pushed back against knife “wanding” legislation being pitched in NSW.
The proposed Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 would permit police to stop and search people in public without having to provide a specific reason. Thus, members of parliament are being encouraged to either reject the law or modify it to protect civil liberties in NSW.
The Aboriginal Legal Service and the Public Interest Advocacy Centre noted in a joint media release that as per an independent review of similar powers in Queensland conducted by Griffith University, no evidence was found of such measures deterring knife carrying. Moreover, police officers often relied on stereotypes and cultural assumptions in their selection of individuals to search.
Jonathon Hunyor, CEO of the Public Interest Advocacy Centre, warned that implementing the proposed bill would only build mistrust.
“We have years of evidence showing that arbitrarily increasing police powers doesn’t result in safer communities. These laws will subject already over-policed communities to further targeting and harassment”, Hunyor said.
He suggested allocating more resources into “proven, community-led diversion programs”.
NSW Bar Association President Dr Ruth Higgins SC explained that “in a free society, people should have the right to attend public places, such as railway stations, without being exposed to arbitrary police interference”.
“The proposed safeguards to be applied to these powers are at best inadequate and at worst illusory”, Higgins said.
She pointed out that while the bill initially designated specific areas where searches would be allowed, these areas could be expanded through regulation.
“Prior offending in the area is required, but there need only be, for example, one offence committed by a person armed with a knife or other weapon in the previous 12 months. That is not a meaningful protection”, Higgins said.
She highlighted the invasive nature of police searches, pointing out that the proposed wanding searches “do not require reasonable suspicion, and non-compliance is an offence”.
“The likelihood of a ‘false find’ is high. A wanding search, even after a ‘false find’, may then provide grounds for the exercise of other more invasive powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)”, Higgins said.
The Aboriginal Legal Service and the Public Interest Advocacy Centre recommended amendments that would align the proposed bill with the Queensland pilot program. The changes would also call for the Law Enforcement Conduct Commission to independently oversee police actions and, after the first 12 months, submit an evaluation.
“We all want and deserve to live in safe communities, but there is no evidence these laws will reduce knife crime and a high risk that Aboriginal and Torres Strait Islander people will be disproportionately targeted”, Aboriginal Legal Service (NSW/ACT) Limited principal legal officer Nadine Miles said. “If Parliament is determined to let down the people of NSW by passing this harmful legislation, they must include safeguards to ensure oversight by the police watchdog. Robust and independent police accountability is essential to Closing the Gap and repairing community–police relationships”.
Update: The Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 was passed by parliament yesterday.