Police

Interacting with the police is something many people do at different points in their lives, whether reporting an incident or making a complaint, or being on the receiving end of a warning or charges.

For some trans and gender diverse people, interacting with the police can be a complex, difficult and even scary experience. There are many police officers who are allies and support the trans community, but there are also some officers who may not understand our community’s needs.

As a result, not all trans or gender diverse people want to work with the police, and many people prefer not to altogether. This section of TransHub offers ways to engage if you choose to, and how to make a formal complaint if you feel you’ve been treated unfairly.

Reporting a crime

If you have experienced or witnessed a crime, you can report it to the police. There are several ways to do so, including:

            - Calling 000 and asking for the police

            - Calling the number of your local police station (you can find a list here)

            - Calling the Police Assistance Line on 131 444

            - For people with hearing / speech impairments, TTY: (02) 9211 3776

Victims of violent crimes that have occurred in NSW may be eligible for free counselling through the Victims Services Approved Counselling Scheme. For more information, contact the Victims Access Line (VAL) on 1800 633 063.

Updating a name and gender marker

You can update your name and/or gender marker with NSW Police once these are legally affirmed on a birth certificate. This can be done by going into a police station and asking them to create ‘an event’, which is a form of record in their system, to update your name.

Any former names will always be in the system too. Ensure that they are entering your affirmed name as the ‘main name’ and that your old name/deadname is entered as a ‘subsidiary name’. This should mean that even if your old name is searched for, you will be referred to by your affirmed name.

GLLOs and other Liaison officers

Different communities have officers that are specifically trained and staffed to support them, known as Liaison officers.

GLLOs (Gay and Lesbian or LGBTQ+ Liaison Officers) are officers with specific training about wider LGBTQA+ community issues, needs, and challenges our communities have in interacting with the police.

To contact a GLLO, call your local police and ask to speak with a GLLO – LGBTIQ Liaison Officer. If your local station does not have a GLLO, you can get in touch with a regional sponsor to find a GLLO near you here.

DVLOs (Domestic Violence Liason Officers) are specialist officers trained to support the victims of domestic and family violence through the process of reporting, and referrals to services. To contact a DVLO, call your local police and ask to speak with a DVLO.

Aboriginal Community Liaison Officers (ACLO) assist in developing, implementing, monitoring and reviewing programs that seek to bring about positive outcomes between police and First Nations people.

ACLO's can be found in the following police stations: Albury, Armidale, Batemans Bay, Bathurst, Bourke, Brewarrina, Broken Hill, Campbelltown, Coffs Harbour, Condobolin, Dareton, Denilliquin, Dubbo, Glebe, Gilgandra, Grafton, Griffith, Inverell, Kempsey, Lake Illawarra, Lake Macquarie, Lismore, Macquarie Fields, Maroubra, Marrickville, Moree, Mt Druitt, Nambucca Heads, Nowra, Orange, Redfern, Raymond Terrace, Tamworth, Taree, Tweed Heads, Walgett, Wagga Wagga, Wellington, Wilcannia.

Police NSW

Find out more about ACLOs at the NSW Police Force website.

Youth Liaison Officers (YLOs) are officers who are responsible for delivering cautions and referring young people to youth justice conferences. YLOs are the main point of contact between the NSW Police Force and Juvenile Justice, and an YLO is at each of the 80 Local Area Commands in NSW.

Domestic and family violence and ADVOs

The NSW police are able to assist when domestic or family violence has occurred or is occurring, by helping to ensure a victim remains safe, by helping to obtain an Apprehended Domestic Violence Order (ADVO) and enforcing it on your behalf.

An Apprehended Domestic Violence Order is a court order held against someone you are or have been in a domestic relationship with threatens your safety or harms you.

You can read more on our page about domestic violence, including how to tell if you or someone you know is experiencing it.

You can also obtain an Apprehended Personal Violence Order, for if someone you are not in a domestic relationship with threatens or harms you, such as a neighbour or acquaintance.

Police and Drug searches

A police officer has the power to stop, search and detain a person, their phone, or vehicle if reasonably suspected of having drugs or anything dangerous or unlawful on their person.

If a police officer tells you they intend to search you, try to remain calm, polite and cooperative.

Politely ask why the officer believes it is necessary to search you. Even if you think that the police don’t have a reason to search you, it’s often better to tell them that you don’t consent to the search but you’re going to let it take place anyway. If you resist the search, or become agitated, you may be charged with offences like hindering a police search or resisting arrest.

The NSW Police Search Policy indicates that police may move clothing to permit a visual inspection of a person’s body except for the genitals, or breasts/chest.

If police suspect on reasonable grounds, they may also be able to ask you to unlock your phone and review your activity, including reading messages and emails.

For more information, visit Fair Play.

Strip searches

If the police require you to remove your clothes, other than just outer clothing, you are being strip searched. There are safeguards and restrictions on police actions for strip searches.

A police officer of the same gender as you should conduct a strip search. However, it is unclear how police might apply this protocol to non-binary people.

If a police officer believes that you may have drugs, anything dangerous or illegal in your mouth or hair they are allowed to ask you to open your mouth or move your hair. For any other search of a body cavity, the police need to have your consent or a court order.

Redfern Legal Centre has a great factsheet containing quick tips for responding to a strip search.

Criminal record checks

Some workplaces or organisations will require you to complete a National Criminal History Check. This searches your name against the criminal history records held by police across Australia.

When completing a criminal record check, you will be required to include any current or previous names that were listed on legal documentation, and evidence of the change of name (eg. A Change of Name or Updated Birth Certificate), as well as the correct amount of proof of identity documents. You will need to attend a police station to have your ID verified.

To complete a criminal record check, you can fill out this online form. There is a fee of $55.90 involved which can be paid online or at a police station.

For more information about criminal record checks, this factsheet by Inner City Legal Center is a great resource, and they have a range of other legal resources on their website.

Working with Children checks

If you are required to interact with young people in any way, workplaces or organisations will require you to complete a Working with Children (WWC) check. This includes submitting your name and any previous names listed on legal documentation.

After completing an online form, you will need to go to a Service NSW Centre to verify your ID (for a full list of the ID required, visit this site). ID documents provided must include:

• Your first name and surname in full

• Your date of birth

• A photograph of you

The fee for a WWC is $80, which can be paid when you visit a Service NSW Centre. You will then be notified whether or not you successfully have been granted a Working with Children check, and your WWC number.

A WWC check lasts five years, after which it must be renewed if you are continuing to work with children.

People interact with police for a range of reasons, some because they choose to and others because they are required to. No matter why you are interacting with police, it can be helpful to have support, know your rights, and make the safest decisions you can.

• Having allies and a support network around you can make a big difference. This might mean having someone with you, or people you can call or text as needed.

• Understanding your rights is always a good idea, especially if you are on the receiving end of a warning or charges.

• Fair Play has a great page on your rights while interacting with the police, especially around searches, but also information about your rights generally. You can read more about your rights on their site.

If you have experienced discrimination or misconduct, or feel that you have not been treated fairly by an individual police officer, an administrative officer or from the NSW Police Force more broadly, you can make a complaint to the NSW Police directly or the NSW Law Enforcement Conduct Commission (LECC).

It’s important to be clear about the tangible actions you’d like undertaken to remediate your complaint. This might include asking for training, investment in community-led organising and responses, a public apology, a review of policy etc.

The NSW Police complaint forms (online and downloadable) can be found here.

The LECC provide independent oversight and review of the NSW Police Force, and are able to investigate and respond to misconduct and discrimination. In most circumstances, the LECC will refer complaints to NSW Police for investigation, subject to LECC oversight.

Using the LECC’s online forms you can make a complaint, provide information, or you can contact them for more information via their website.

Support is also available through the Transgender Anti Violence Project and ACON counselling.

Redfern Legal Centre provides a statewide police complaints legal service, which you can access on their website.