Australian Human Rights Commission
Current issues and good practices in prison management, 16 November 2023
evidence regarding the very low risk of transmission may assist to alleviate
these psychological consequences’.118
73. In our submission to the Australian Federal Police, the Commission
recognised that ‘police officers [and other detention workers] themselves
deserve protection, and have the right to a safe workplace’.119 However, there
is mounting evidence that ‘there are a range of alternative measures already
adopted in other jurisdictions that can reasonably be utilised such that the
absence of spit hoods does not create an increased risk for officers’.120
74. The Commission notes the Standing Council of Attorneys-Generals agreed on
22 September 2023 to commit to reviewing ‘any residual authorities to use
spit hoods in their jurisdictions’.121
4.2
Routine strip searching
75. The Commission is concerned about the inappropriate and routine use of
strip searching in Australian prisons and youth detention. The ineffectiveness
of strip searching as a means of contraband detection is well evidenced. For
example, a review into strip searching conducted by the Western Australian
Inspector of Custodial Services found that between 2014 and 2019, only 571
items were found from almost 900,000 strip searches.122 This equates to
finding contraband in just 0.06% of occasions or less than once in every 1,500
strip searches.
76. In January 2020, 578 strip-searches of women in custody at Dame Phyllis Frost
Centre in Victoria were conducted and contraband was found in only two
cases – a 0.3% ‘hit rate’.123
77. Between 1 June 2018 to 30 November 2018, 203 strip searches were
conducted on children and young people detained at the Ashley Youth
Detention Centre in Tasmania. Despite this alarmingly high number of strip
searches, no contraband was recovered from any of the searches.124
78. The New South Wales Inspector of Custodial Services has also highlighted in
several reports125 that the routine use of strip searching on women is both
‘inconsistent with trauma-informed principles and with the logic of
individualised and specific assessment of risk’.126 This observation is also
echoed in the Commission’s Wiyi Yani U Thangani (Women’s Voices) Report,
which notes that, ‘[g]iven the significantly high rate of women in prison having
experienced sexual violence, the routine use of strip searches in prisons can
contribute to the retraumatisation of women’.127
79. The Australian Capital Territory Inspector of Correctional Services has
additionally reported that First Nations people are over-represented
17