NSW Greens Propose to End the Warrantless Use of Drug Dogs in Places Open to the Public

Following two recent spates of New South Wales police drug dog raids on Gadigal land that targeted gay bars along Sydney’s Oxford Street, NSW Greens MLC Cate Faehrmann has stepped forward to point out that cops aren’t running dogs through venues in cities like Melbourne, New York, London or Berlin, and she doesn’t think it should happen here. So, she’s drafting laws to end drug dog use.

Faehrmann gave notice on 24 September 2026 that she’s about to introduce the Law Enforcement (Powers and Responsibilities) Amendment (Drug Detection Dogs) Bill 2026, when NSW parliament returns to its next sitting period in October. And the plan is to put a complete stop to the warrantless use of drug dogs in public, which will include running them through clubs and pubs.

In a post last week, Faehrmann recalled that NSW police officers booked a man over illegal drugs in his possession, after a drug dog indication outside an Oxford Street nightclub in 2001. But the civilian went on to successfully challenge his charge in the courts, as it was found that the laws that had permitted sniffer dog use at the 2000 Sydney Olympics had been wrongly applied in this case.

So, the Carr Labor government of the day promptly passed the initial laws making up the current drug dog regime, which empowers NSW police to target nightclub patrons and public transport commuters. And as Faehrmann informs, whilst the public in Sydney now consider the warrantless use of drug dogs out in public as the norm, it’s actually an unnecessary and invasive intrusion.

The NSW Greens has been tracking the use of drug detection dogs in public since 2011, and what it’s found is that when sniffer dogs indicate people in public for possession of drugs, nothing is found on two-thirds to three-quarters of occasions. And further, the stated purpose of drug detection dogs is to capture drug suppliers, and when considering that aim, the rate of success is negligible.

Sniff off

“NSW is unusual because we’ve had a specific statutory regime for general drug dog operations for 25 years. You won’t find that anywhere else in the world,” Faehrmann told Sydney Criminal Lawyers. “Those powers were introduced in 2001 and have allowed police to routinely deploy drug dogs in licensed premises, at public transport stations, music festivals and entertainment venues.”

“Drug dogs were introduced to Sydney for the 2000 Olympics, after which it seemed the police were intent on keeping their newly acquired powers,” the NSW Greens MLC recalled. “After a few over-the-top raids on nightclubs on Oxford Street and in Kings Cross, the police found themselves the subject of a number of court challenges.”

“At least one was successful. But instead of winding them back, the Carr Labor government chose to expand them and entrench them in law.”

The NSW Greens harm reduction spokesperson explained that then Labor police minister Michael Coasta prioritised enacting laws to empower NSW police to use dogs to sniff out drugs on people, and the legislation got bipartisan support. Costa repeatedly insisted the purpose of the intervention was all about drug supply. Then NSW Greens MLCs Lee Rhiannon and Ian Cohen opposed the laws.

Faerhmann further stressed that so controversial were these powers that a clause required the NSW Ombudsman to conduct a review of them, and its 2006 report outlined that drugs were found on only 26 percent of occasions after a dog indication, and even then, the majority of these involved small amounts of cannabis. And the Ombudsman recommended the laws be reconsidered.

Repealing the regime

The powers that NSW police has to use drug dogs in public without a warrant are contained within division 2 part 11 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)(LEPRA). And section 148 of the LEPRA permits dog use on people entering or existing licenced premises or public events or a public transport station or a tattoo shop, along with people in the Kings Cross precinct.

“The NSW Greens bill would repeal relevant drug detection dog provisions in the LEPRA to end routine operations,” Faehrmann explained of her yet-to-be introduced laws. “This won’t prevent police from responding to serious crime or drug supply. In fact, it would be of benefit in freeing up police resources, including in our justice system, so they can be redirected to where they’re needed.”

Another issue that’s developed out of drug dog use at music festivals are incidents involving young people approaching an event, panicking on spotting a police operation involving a sniffer dog and taking all of their drugs at once to avoid detection, only to then overdose. The NSW music festival inquest, the NSW ice inquiry and the 2024 NSW Drug Summit report all identified this issue.

“Multiple inquiries have found that large police operations with drug detection dogs targeting individuals for possession can lead to people engaging in riskier behaviour,” the Greens MLC underscored.

“We’re not going to stop people from using drugs recreationally, so we should be supporting them to make sensible decisions and stay safe if they do.”

“Get your kit off”

Drug dog use in NSW has been key to opening up the deluge of strip search use by NSW police in public. Growing reports around the mid-2010s pointed to the increasing practice of NSW police officers to accompany a pat down search that turned up no illegal drugs, with a follow up strip search. The stated purpose of using this highly invasive procedure was again to target drug supply.

Figures show that between 2014 to 2023, NSW police carried out 6,716 strip searches in the field, after a drug detection dog indicated a civilian, and a pat down search proved unfruitful. Of these, just 2,713 individuals, or 40 percent of those made to strip off, were found in possession of any drugs. But further, only 266 of these busts were for supply, which comprises a 3 percent success rate.

“If any other law had a success rate even half as bad that, you can bet it would be scrapped in an instant,” the Greens MLC made clear. “Why is it different for police and drug dogs?”

“It’s been 25 years since the police were given these extraordinary powers in Sydney, and the Greens are saying enough is enough,” Faehrmann said in concluding.

“It’s time to stop the harassment, stop the waste of police resources and give us back our nightlife and our city.”

Image: Chris Minns by NSW state is licensed under CC BY 4.0. Sniffer dog image supplied by Sniff Off. Image of Cate Faehrmann supplied. Rainbow flag is in the public domain.