The Crimes Amendment (Prohibiting the Strip Searching of Children) Bill 2026 seeks to "end the practice of strip searching children under 18 and ensure that it cannot legally happen in any Australian jurisdiction" [Explanatory Memo page 2]. The Bill amends the Crimes Act 1914 to raise the age under which a child cannot be strip searched from 10 to 18 years old.
Key provisions include the insertion of Section 90C, which introduces a general prohibition on strip searches for all children under 18, affirming that this ban "applies regardless of any other law" in any jurisdiction [Explanatory Memo page 3]. The Bill relies on the Commonwealth’s external affairs power under paragraph 51(xxix) of the Constitution to ensure national consistency.
According to the Explanatory Memorandum, the practice of strip searching children is "harmful, degrading and traumatising for the child, while being ineffective and unnecessary" [Explanatory Memo page 2]. By ending this practice, the Bill aims to promote the protection of rights such as the right to liberty and security of the person, health, and humane treatment in detention, particularly for overrepresented groups such as Aboriginal and Torres Strait Islander children [Explanatory Memo page 4].
The case for this Bill rests on the fundamental principle that children deserve heightened protection from invasive and traumatising state actions. The Explanatory Memorandum notes that strip searching is an "invasive physical procedure that violates the security of the person" [Explanatory Memo page 4]. By prohibiting this practice, Australia aligns its domestic law with international obligations under the Convention on the Rights of the Child and the Convention against Torture. Furthermore, the Bill addresses systemic inequality, noting that the practice disproportionately affects Aboriginal and Torres Strait Islander children, for whom the traumatising effects are compounding due to intergenerational trauma [Explanatory Memo page 5]. From a utilitarian standpoint, the practice is described as ineffective and unnecessary [Explanatory Memo page 2], suggesting that its abolition removes a source of significant harm without compromising genuine investigative outcomes [Judgment].
An objection to this Bill concerns the potential for unintended consequences regarding public safety and law enforcement efficacy. By establishing an absolute prohibition on strip searching anyone under 18, the Bill may create a loophole that criminal enterprises could exploit. There is a risk that older minors may be used to transport illicit items, such as weapons or drugs, in the knowledge that they are exempt from thorough searches [Judgment]. Furthermore, while the Bill aims for national consistency, it may be viewed as an overreach of federal power into state policing matters. Critics might argue that law enforcement requires a range of tools to maintain order and that a total ban removes a necessary, albeit extreme, measure for ensuring safety in high-risk environments[1].
This perspective emphasizes the state's primary duty to maintain security and the potential for absolute prohibitions to undermine that duty in complex operational contexts.
2026-08-18
Senate
Before Senate
THORPE, Sen Lidia
Unspecified
Criminal Law Reform, Discrimination / Human Rights, Indigenous