The New South Wales Supreme Court has set a date for the strip search class action, which will challenge the legality of NSW Police strip searching children at music festivals over a six-year period.

On Friday it was announced a group proceeding, brought by Slater and Gordon Lawyers and Redfern Legal Centre (RLC), would take place in May next year, and is scheduled to run for four weeks.

It is understood the NSW government attempted to have the class action thrown out in an unsuccessful motion by arguing there were insufficient common issues between all the people who were subjected to strip searches.

RLC senior police accountability solicitor, Samantha Lee, was critical of the government, who she said, appeared to be continuing to prolong the proceedings by advising that a strike-out action would be made.

"The setting of a hearing date places further pressure on the government to decide whether it will fight young people all the way to a hearing or acknowledge the wrong that the invasive and harmful practice of strip searches has perpetrated and pursue mediation," Ms Lee said.

The court documents state the lead plaintiff, Raya Meredith, alleges she was strip searched by NSW police at Splendour in the grass in Byron Bay in July 2018.

Both RLC and Slater and Gordon say the class action is on behalf of hundreds of other festival goers who allege their strip searches by police between 2016 and 2022 constituted unlawful acts.

These include assault, battery, and false imprisonment.

Court documents reveal some of these people are considered "Vulnerable People" under Law Enforcement (Powers & Responsibilities) Regulation 2016.

"Vulnerable People" include people who identify as Aboriginal and Torres Strait Islander, disabled, children, or who come from a non-English background.

National Indigenous Times understands some of the plaintiffs who have joined the class actions are First Nations people.

In 2023, the Law Enforcement Conduct Commission (LECC) found less than half of the officers who carried out strip searches at music festivals had completed the relevant specialist training — despite it being available.

The setting of the court date comes after National Indigenous Time reported in March NSW police had an "alarming" tendency to strip search young people, with Indigenous children as young as 11 being subject to the procedure.

The Aboriginal Legal Service (NSW/ACT) chief executive, Karly Warner has previously described the practice as "deeply intrusive" and "humiliating".

"The excessive use of strip-searching is causing extreme emotional and psychological harm…An unclothed and traumatic early encounter with police is something that children will have to deal with long after they're allowed to put their clothes back on," Ms Warner told Guardian Australia 2020.

Despite making up less than seven per cent of the children aged 10-17, nearly half of all children strip-searched were Indigenous over a seven-year time frame.

Two of the strip-searched children were 11-year-old Aboriginal boys, during the same period, 189 First Nations female children strip searched; thirteen of them 13-years-old or younger.

The report also found First Nations children were strip searched in police custody, more than half of all children searched whilst in custody.

15 of these children were 13 years old or younger.

Police Minister Yasmin Catley previously told National Indigenous Times some of the data in the report was "concerning". She said she'd been meeting with stakeholders on the matter, to "balance community expectations with community safety".

Slater and Gordon's Meg Lessing said: "In addition to the trial date being set, Justice Garling has ordered that police produce the contact details of everyone searched by police at relevant music festivals so they can be informed about their potential rights".

Data has shown First Nations children were being strip searched at a younger age than non-Indigenous children.

This is despite the likelihood of finding items reducing the younger in age the child is.

The NSW police have also been heavily criticised recently for a disproportionate number of incidents against First Nations people.

These include an officer convicted of assaulting an Indigenous teenager, and the police commissioner arguing Closing the Gap targets would lead to "competing duties".