Legal and Human Rights groups are urging the rejection or amendment of new 'wanding' knife laws being debated in New South Wales parliament this week, arguing they will give police "extraordinary" powers.
The new laws, which the Aboriginal Legal Service (ALS) NSW/ACT have previously labelled "rushed," propose allowing police to stop and search people for weapons - without reasonable suspicion or a warrant - in a move ostensibly designed to crack down on youth crime.
It comes in the wake of several high-profile knife incidents, including the Bondi Junction attack, which resulted in six people being killed.
However, both the ALS and the Public Interest Advocacy Centre have called on parliamentarians to reject the bill, arguing they pose "too great a risk to the rights of NSW residents and will not deter violent crime".
ALS principal legal officer, Nadine Mills, said everybody wants and deserves to live in safe communities, but there was "no evidence these laws will reduce knife crime".
However, she noted there was "a high risk that Aboriginal and Torres Strait Islander people will be disproportionately targeted".
"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," Ms Mills said.
"Robust and independent police accountability is essential to Closing the Gap and repairing community–police relationships."
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Last month, a new report found powers given to police during the COVID-19 pandemic resulted in fines that were disproportionately issued to marginalised groups — including Aboriginal and Torres Strait Islander people.
A 2022 Griffith University review into wanding powers in Queensland - known as "Jack's Law" - found whilst it may help with knife detection in certain areas, "there is no evidence yet that wanding deters knife carrying".
"There is also no evidence yet that wanding has led to reduced violent or other crime, but it has led to an increase in detected drug offences, which can increase the flow of minor offenders into formal criminal justice processes," the report said.
The new police powers will allow no-warrant wanding in designated areas, including transport hubs, shopping centres and other crowded places, in circumstances where a relevant weapons offence/knife crime has occurred within the past 6 months.
Police Minister Yasmin Catley, who was due to speak in NSW Parliament on Tuesday on the bill, last month said the new laws "send a strong warning to would-be perpetrators".
"These reforms are about keeping people safe. I want the community to have the confidence that this government is committed to giving the NSW Police Force all the tools required to combat violent crime," Ms Catley said.
Speaking to Parliament, Liberal MP Alister Henskens said the opposition supported the bill for non-invasive wanding, arguing it was already performed regularly by security guards in many public places, arguing in some aspects, "it did not go far enough" in protecting public safety.
Public Interest Advocacy Centre chief executive Jonathan Hunyor said there was a large swathe of evidence showing extended police powers do not result in safer communities.
"These laws will subject already over-policed communities to further targeting and harassment. That only builds distrust," he said, arguing funding should be directed towards community-driven diversion programs.
"Why throw more money into failed law and order responses? Our communities deserve better," Mr Hunyor said.
National Indigenous Times has reported on a number of incidents between NSW Police and First Nations people.
Last week, it was revealed NSW Police had launched an internal review after an Aboriginal man's conviction for resisting arrest was overturned, with the judge arguing the use of force by the police was disproportionate.
It follows on from Senior Constable Ryan Joseph Barlow being found guilty last year of assaulting an Indigenous teenager in 2020 after being filmed holding the teen's arms behind his back and using a 'leg sweep' motion to slam him to the ground.
He is still employed by NSW police as he appeals his sentence and conviction.
