NSW police settle trespass case after visiting Indigenous children’s home 150 times in 20 months

New South Wales police have reached a confidential settlement in a trespass case brought by two Indigenous mothers. The legal action, initiated in April 2024, was set to go to trial in the Supreme Court of New South Wales but was resolved three weeks prior to the scheduled hearing. The terms of the settlement have not been publicly disclosed.

The core of the legal challenge involved allegations of excessive and potentially unlawful police conduct. One of the mothers claimed that officers from the New South Wales Police Force visited her home approximately 150 times over a 20-month period. These visits were primarily conducted to perform bail checks on her sons. The mothers argued that the repeated entries into their homes, particularly those occurring between midnight and 4 am, constituted trespass.

The period of intense police activity spanned from late 2023 to mid-2025, indicating a sustained and frequent level of interaction between law enforcement and the family. The case brought to light significant concerns regarding the proportionality of police actions, the adherence to legal standards for home entry, and the impact of such practices on Indigenous families. The New South Wales Police Force, established in 1862, is the primary law enforcement agency in the state, responsible for maintaining public order and safety across a vast geographical area.

This legal dispute highlights ongoing tensions and broader societal discussions surrounding policing practices in Australia, particularly in relation to Indigenous communities. Indigenous Australians have historically faced disproportionate scrutiny and negative interactions with the justice system. Cases like this underscore the importance of accountability within law enforcement agencies and the need for practices that are both effective and respectful of civil liberties and human rights. The resolution of this case, while confidential, signifies an end to the legal proceedings and may influence future police protocols concerning bail checks and home visits, especially when dealing with vulnerable populations and Indigenous families.

The Supreme Court of New South Wales, as the state's highest court, hears significant civil and criminal matters, making the decision to settle the case before trial a notable development. The allegations raised by the mothers speak to the critical need for balanced policing that upholds the law without infringing upon the rights of individuals, particularly within communities that have experienced historical disadvantage and mistrust.