This bill is currently before Parliament.
Government & democracy
Children under 18 could not be strip searched, extending the existing federal protection from children under 10.
The evidence contains no government statement explaining the bill. Its sponsor, independent Senator Lidia Thorpe, said strip searches harm and traumatise children while rarely finding prohibited itemsItems forbidden in a prison or detention centre.. She said 900,000 searches in Western Australian adult prisons from 2014 to 2019 found prohibited itemsItems forbidden in a prison or detention centre. in 0.28 per cent of cases. In April 2022, she said three of 127 searches at two New South Wales youth prisons found items.
Australian law already restricted strip searches for children under 10, but state and territory rules still allowed children aged 10 to 17 to be searched, and evidence described the practice as harmful, degrading, traumatising and ineffective. Reports of children being strip searched, including about 70 Tasmanian children in nine months and 1,622 NSW police strip searches in 2023–24, alongside evidence that fewer than 1 per cent of prison searches found contraband, helped prompt Senator Lidia Thorpe’s private bill to extend a national prohibition to everyone under 18.
The evidence pack does not establish any criticism of the bill from another speaker or party. It contains only Senator Lidia Thorpe's supporting remarks, after which the Senate debate was postponed.
Senator Lidia Thorpe introduced this bill. Supportive speeches so far have come from some crossbench members.
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
49 days
Updated 06 Oct 2026.
Meaning
Children under 18 could not be strip searched, extending the existing federal protection from children under 10.
Children suspected of an offence, arrested or held in places such as prisons and hospitals would be covered.
Children visiting or associated with someone in custody would also be protected.
Children could not be subjected to either a full or partial strip searchA search requiring removal of some clothing..
Children would remain protected despite conflicting federal, state or territory laws. Any conflicting rule would have no effect.
Children would receive the protection from the day after royal assentFormal approval that makes a bill law., the formal approval that makes a bill law. It would cover conduct from that date.
1 Paragraph 3ZI(1)(e) Omit “under 10”, substitute “under 18”.Crimes Amendment (Prohibiting the Strip Searching of Children) introduced text
(1) This section applies to a person who is under 18 and is: (a) suspected of committing an offence; or (b) under arrest; or (c) detained in prison; or (d) detained in a hospital; or (e) otherwise detained or in custody; or (f) visiting or otherwise associated with a person referred to in paragraphs (a) to (e).Crimes Amendment (Prohibiting the Strip Searching of Children) introduced text
(e) otherwise detained or in custody; or (f) visiting or otherwise associated with a person referred to in paragraphs (a) to (e).Crimes Amendment (Prohibiting the Strip Searching of Children) introduced text
(2) Despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten), a strip search must not be conducted on a person to whom this section applies. (3) To avoid doubt a reference in this section to a strip search includes a partial strip search.Crimes Amendment (Prohibiting the Strip Searching of Children) introduced text
(2) Despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten), a strip search must not be conducted on a person to whom this section applies. (3) To avoid doubt a reference in this section to a strip search includes a partial strip search. (4) Any law of the Commonwealth, or of a State or Territory, in force immediately before the commencement of this section, or enacted after that commencement, is of no effect so far as it is inconsistent with this section. (5) This section does not exclude or limit the operation of a law of the Commonwealth, or of aCrimes Amendment (Prohibiting the Strip Searching of Children) introduced text
1. The whole of this Act The day after this Act receives the Royal Assent.Crimes Amendment (Prohibiting the Strip Searching of Children) introduced text
Context
Australian law already restricted strip searches for children under 10, but state and territory rules still allowed children aged 10 to 17 to be searched, and evidence described the practice as harmful, degrading, traumatising and ineffective. Reports of children being strip searched, including about 70 Tasmanian children in nine months and 1,622 NSW police strip searches in 2023–24, alongside evidence that fewer than 1 per cent of prison searches found contraband, helped prompt Senator Lidia Thorpe’s private bill to extend a national prohibition to everyone under 18.
About 70 Tasmanian children were strip searched in nine months
Although strip searches of Tasmanian children in custody were no longer routine, about 70 children were searched in nine months and Aboriginal children were over-represented.
ABC News ↗NSW police recorded 1,622 strip searches in 2023–24
The data showed 776 searches occurred in western Sydney as justice and health organisations urged NSW to prohibit strip searches of young people.
Sydney Morning Herald ↗Report found most prison strip searches did not find contraband
A report found that most Australian prison strip searches did not locate contraband, including more than 800 searches in Tasmania that found nothing over three months in 2022.
ABC News ↗Senator Lidia Thorpe introduced a private bill to ban strip searches of under-18s
The bill would raise the Commonwealth protection from children under 10 to everyone under 18 and override inconsistent Commonwealth, state and territory laws.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second readingThe parliamentary stage for debating a bill's main idea., opening the main debate on the bill's purpose and principles.
Second readingThe parliamentary stage for debating a bill's main idea. moved
Referred to Committee (20/08/2026): Senate Legal and Constitutional Affairs Legislation Committee; Report due 13/10/2026
Report due 13 Oct 2026
APH bill page notesKey criticism
The evidence pack does not establish any criticism of the bill from another speaker or party. It contains only Senator Lidia Thorpe's supporting remarks, after which the Senate debate was postponed.
Thorpe (Independent) argued that strip searches were degrading, ineffective and especially harmful to children with disability and Aboriginal and Torres Strait Islander children. No opposing case is available in the evidence pack.
Further sources
Votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Start here — lead voices
Thorpe supports the bill because it would end the ineffective, degrading and traumatising strip searching of children, particularly protecting children already vulnerable in custodial settings.
Read in Hansard ↗All speeches by bloc
1 speaker · 1 support
“New Zealand has already banned strip searching of all children in custody. Children are the most vulnerable group in custodial settings; the group that can be most harmed by strip searching; and the group that we must make particular efforts to protect and keep out of the justice system. This bill ends the harmful practice for all children.”Read the full speech in Hansard ↗
Record
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second readingThe parliamentary stage for debating a bill's main idea. opened
A minister or sponsoring member moved the second readingThe parliamentary stage for debating a bill's main idea., opening the main debate on the bill's purpose and principles.
Senate Legal and Constitutional Affairs Legislation Committee
Report due 13 Oct 2026
Referred to Committee (20 Aug 2026): Senate Legal and Constitutional Affairs Legislation Committee; Report due 13 Oct 2026
APH bill page notes