Australian Human Rights Commission
Current issues and good practices in prison management, 16 November 2023
of causing anxiety, agitation, acute distress and disorientation to the
detainees and can trigger other adverse reactions such as panic’.108
67. These comments from the Special Rapporteur come almost a year after
Australia was cautioned by the UN Committee Against Torture, that ‘the use
of spit [hoods] was an archaic practice that amounted to ill-treatment’.109 The
UN Committee Against Torture then recommending that Australia ‘take all
necessary measures to end the use of spit hoods in all circumstances across
all jurisdictions’.110
68. On 14 April 2023, the Australian Federal Police (and Australian Capital
Territory Police) announced they would no longer use spit hoods ‘after an
internal review found the ‘risk of using spithoods outweighed the benefits of
their use, given they are ineffective in protecting against transmissible
diseases’.111
69. The Commission welcomes these and other operational bans which other
Australian policing forces have similarly enacted (apart from Western
Australia).112 However, in regard to the operational bans, the Northern
Territory Ombudsman made the following observation in their most recent
spit hood investigation:
An administrative policy change sends a strong message to members
about the direction the organisation currently wishes to take. However,
the disadvantage with this approach is that subsequent social pressures
or changes in key leadership roles have the potential to result in rapid
reversal.113
70. The use of spit hoods is likewise prohibited in youth detention but despite
progress in these areas they are still used in some Australian prisons. South
Australia remains the only jurisdiction to have passed legislation to ban spit
hoods in all circumstances.114
71. In November 2023, the Victorian Commission for Children and Young People,
reported on the use of a spit hood on a child under the age of 18 in adult
custody.115 The Commission for Children and Young People found ‘ a range of
significant concerns’ including effective isolation of the young person,
restricted access to water and the application of the spit hood despite the
young person not having been involved in a spitting incident.116
72. The Commission also remains concerned about continuing rhetoric that
reinforces disease transmissibility as a reason not to legislate against spit
hoods.117 While not discounting the concern that officers may have after being
bitten or spat at, as noted by the Commission and more recently by the
Northern Territory Ombudsman, ‘educating members on the scientific
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