<
https://www.theguardian.com/australia-news/2025/may/19/nsw-police-extraordinary-search-powers-a-blank-cheque-to-target-indigenous-youth-lawyers-say-ntwnfb>
"In 2019, a 14-year-old boy appeared before a tribunal in New South Wales.
He was the subject of a firearm prohibition order (FPO), which meant police had
the ability to search him or his home at any time without a warrant.
But he was also stuck in a catch-22. The order could be placed on him, but
because he was a minor, the tribunal said it had no jurisdiction to hear his
application to remove it.
Neither would the order ever expire. Only the police commissioner could lift
it.
This 14-year-old is not alone. Data obtained by
Guardian Australia via a
freedom of information request show there were at least 12 people under the age
of 18 among the 8,717 people subject to an FPO in New South Wales in April.
There were 26 the year before, some of whom may have since turned 18 or had the
order lifted.
In the past financial year, there were 84 searches of children and teenagers.
Of the 125 people under 18 who have been served with an order, 54% identified
themselves as Aboriginal.
An FPO can be made if its deemed by the police commissioner that someone is not
fit, in the public interest, to possess a firearm – even if they have never
been charged with a weapons offence or any crime.
The scheme’s enhanced search powers, described as “extraordinary” by the then
NSW police commissioner Andrew Scipione after they were introduced in 2013,
mean police can search someone with an FPO or their premises or car at any
time, “as reasonably required”, to determine if they have committed an offence
by having a firearm, firearm parts or ammunition.
This broad discretion, along with an “extremely low” rate of successful
searches, has led to concerns that the powers are being used as a tool of
surveillance. Overall, according to police data, about 42% of all people who
are currently subject to FPOs have identified themselves as Aboriginal and
Torres Strait Islander people, who account for about 3.4% of the population in
the state.
Lauren Stefanou, the acting principal legal officer with the Aboriginal Legal
Service in NSW, says FPOs “not only grant police sweeping powers, they give
police a blank cheque to surveil, stop, search, arrest and charge Aboriginal
children and adults”."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
