8.3 Use of force – spit hoods The use of spit hoods in immigration detention was specifically considered during this inspection. The Commission has long held the view that the use of spit hoods in immigration detention and elsewhere is ‘clearly a method of restraint that is degrading’ and that their use is ‘contrary to the right to be treated with humanity and with respect for the inherent dignity of the human person’.97 Spit hoods are restraint devices designed to prevent a person from spitting or biting other people. Their use has been the subject of considerable debate in the Australian community, and they have been removed in some Australian jurisdictions through operational bans or in the case of South Australia and New South Wales, legislation.98 In April 2023, the Australian Federal Police (AFP) announced that it would no longer use spit hoods after finding that the ‘risk of using spithoods outweighed the benefits of their use, given they are ineffective in protecting against transmissible diseases’.99 In August 2023, the United Nations Special Rapporteur on Torture made the case for the prohibition of spit hoods in her report on the global trade in equipment that can inflict torture and other cruel, inhuman or degrading treatment or punishment.100 The Special Rapporteur remarked spit hoods ‘carry serious risk of causing anxiety, agitation, acute distress and disorientation to the detainees and can trigger other adverse reactions such as panic’.101 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’.102 The UN Committee Against Torture then recommended that Australia ‘take all necessary measures to end the use of spit hoods in all circumstances across all jurisdictions’.103 During the inspection, the Commission was told by Serco and ABF that the spit hood was seldomly used within YHIDC. The Commission did not receive any information about their use from people detained, nor was it raised as a concern in the written submissions received. Evidence provided by the Department through Senate Estimates supports the claim of the low use of spit hoods. For example, there were reportedly no uses of spit hoods between 1 July 2021 and 31 December 2022,104 and fewer than five incidents between 1 July 2022 and 31 March 2023.105 The Commonwealth Ombudsman however has reported that between 1 July 2021 to 30 June 2022 there ‘were 5 reported incidents of spit hood use within the immigration detention network’.106 The reason for this discrepancy is unclear to the Commission. The spit hood approved for use within the immigration detention network at the time of the inspection was the ‘The TranZport Hood’ manufactured by The Safariland Group.107 This device was the same one used by the AFP prior to their operational ban.108 A few months after the inspection, the Commission became aware that, following an internal review finalised in May 2023, the Department directed the use of spit hoods within the immigration detention network be ceased from 1 July 2023.109 The Commission welcomes this operational ban and commends the Department on this decision. However, in relation to a similar operational ban, the Northern Territory Ombudsman made the following observation in its most recent spit hood investigation: Yongah Hill Immigration Detention Centre Inspection Report • 2024 • 55