The New South Wales Government's decision to make knife 'wanding' powers permanent has drawn criticism from the state's peak Aboriginal legal service, which says the laws will lead to more "disproportionate targeting" of First Nations people by police.
Last week, the Minns government announced it would make permanent the knife-search powers introduced on a trial basis in 2024 following a spate of knife-related incidents, including the Bondi Junction attack, which claimed six lives.
Modelled on Queensland's "Jack's Law", the powers allow police to declare certain public places as "designated areas" for up to 24 hours, doubled from 12 hours, where officers can stop and scan people using handheld metal-detecting wands.
"These permanent wanding powers will allow NSW Police to continue targeting these offenders and respond to recommendations from the NSW Coroner," Attorney-General Michael Daley said.
"Importantly, these reforms maintain appropriate safeguards by retaining the need for a declaration to be made while ensuring crowded areas such as major entertainment venues are covered by the scheme."
In response, Aboriginal Legal Service (ALS) NSW/ACT said it was deeply concerned by the decision, arguing that expanding discretionary police powers would further entrench the over-representation of Aboriginal people in the criminal justice system.
Acting chief executive Sharif Deen said giving police greater powers to stop and scan people would not improve public safety and instead provided NSW Police with "another tool to target and harass Aboriginal people and other marginalised communities".
"Whenever police can choose when and how to exercise their powers, we see worse outcomes for Aboriginal people," Mr Deen said. "Already, our people are disproportionately stopped, searched, arrested, charged, and subjected to excessive use of police force."
The introduction of the laws was controversial, with debate continuing over the effectiveness of Queensland's similar scheme.
A 2022 Griffith University review found the powers may assist with knife detection in some locations but concluded "there is no evidence yet that wanding deters knife carrying".
The ALS argues the use of 'wanding' powers against its clients has rarely resulted in weapons charges. Instead, it says the powers have often led to unnecessary escalation, with people being charged over minor, unrelated alleged offences, including possession of small quantities of drugs for personal use.
"Aboriginal people are more over-represented than ever in police charges and in NSW prisons," Mr Deen said. "It's deeply concerning that the Minns Government is continuing to enact policies that risk making the situation worse and fly in the face of Closing the Gap."
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The number of Aboriginal people in custody in NSW has risen by almost 11 per cent over the past year, while the number of Aboriginal people held on remand has increased by more than 18 per cent over the same period.
The NSW Greens' justice spokesperson Sue Higginson said there was no evidence the laws had reduced knife violence or justified their expansion.
"What these powers have done is compounded overpolicing of First Nations people, and they have been used to make life harder for the people attending, and the organisers of, religious festivals, significant cultural events and peaceful protests," she said.
Government data shows police conducted 59,228 wand scans over the past two years, resulting in the seizure of 380 weapons, 200 weapons charges and 68 infringements or diversions.
Police Minister Yasmin Catley said the laws had enabled NSW Police to seize "hundreds of weapons", adding: "Every weapon taken off the street is a potential tragedy prevented and a potential life saved."
Ms Higginson disputed that assessment.
"Just because police have a drawer full of knives, does not mean these laws have had any meaningful effect on knife crime — but they have had a profoundly negative impact on civil liberties."
NSW Police have long been accused by Aboriginal organisations and civil liberties groups of disproportionately targeting First Nations people and other minority communities for searches. Mr Deen said some ALS clients had been strip-searched despite there being no indication they were carrying a weapon, traumatising some who have previously been victims of sexual assault.
"We all want people to be safe and to enjoy public spaces without fears," he said.
"But when police are given a free pass to target anyone, this causes significant fear for Aboriginal people. Not only are these knife-wanding laws ineffective — they're causing harm."
