NSW Police settle trespass case with mother after over 100 bail checks
Two mothers reached confidential settlements with NSW Police over alleged unlawful bail checks, while one continues a racial discrimination suit.
Joanne and a second mother filed trespass actions against NSW Police, alleging that officers conducted more than 100 and 150 bail checks respectively, often outside court-approved times and without enforcement conditions. Joanne described police jumping fences, shining torches into bedrooms and knocking at all hours, which she said traumatized her three Aboriginal children, including a disabled youngest child. The other mother’s sons, aged 11 and 13, experienced frequent checks, with 40% occurring between 1 am and 4 am, and she continues a racial discrimination case in federal court.
Both families reached confidential settlements just before trial. Police argue the visits were lawful, relying on a common-law implied licence, while a 2025 Law Enforcement Conduct Commission report urged the government to clarify the Bail Act and curb such practices. The solicitor for the families called for policy and systemic changes to address over-policing of Aboriginal communities.
Why it matters
The case highlights concerns about police powers, Indigenous rights and the need for clearer bail check legislation.
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