We argue that knife wanding search powers are ineffective, too broad and risk discriminatory use.
We have made a submission to the NSW Department of Communities and Justice review of the ‘knife wanding’ powers in Part 4A of the Law Enforcement (Powers and Responsibilities Act) 2002 (LEPRA), currently scheduled to end in December 2027.
When knife wanding was introduced in 2024, the JEC raised concerns that expanding police stop and search powers was unlikely to reduce knife-related violence and would instead increase over-policing, particularly of First Nations communities and young people.
Our submission explains why the knife wanding regime is ineffective and overly broad. The powers allow police to declare a wide range of ‘designated areas’ and scan people for knives without reasonable suspicion. There is little evidence that these measures prevent violent crime. Instead, they risk discriminatory use and undermine trust in police.
We urge the NSW Government to abandon knife wanding and invest instead in evidence-based, community-led approaches to violence prevention.
If Part 4A is continued, our submission calls for stronger safeguards, including:
- a right to review police declarations of ‘designated areas’;
- mandatory consultation with local councils, event organisers and community groups;
- stronger data collection and reporting obligations on NSW Police, including in relation to the number of children and First Nations people being scanned; and
- expanded powers for the Law Enforcement Conduct Commission to proactively monitor police use of knife wanding powers.
We will continue to closely monitor the outcome of this review and any changes to Part 4A.