Ban on Spit Hoods for People in Custody and Mental Health Facilities
Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2023
Legislative Assembly
Legislative Council
Assent
Topics
detention centers human rights juvenile justice mental health facilities police conduct prisoner rights spit hoods
Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
The Debate
What different members said when this bill was debated:
“On behalf of the Opposition, I lead in debate on the Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2023. The Opposition supports the bill. I note that spit hoods are not currently used in New South Wales and that that is an operational decision by the agencies administering places of detention in New South Wales.”
Sue Higginson GRN
“On behalf of The Greens, I indicate our support for the Detention Legislation Amendment (Prohibition of Spit Hoods) Bill 2023. The object of the bill is to amend various Acts relating to the detention of persons to prohibit the use of spit hoods in New South Wales. This is a welcome legislative amendment and one which The Greens support in full.”
Cameron Murphy ALP
“I speak in favour of the Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2023. I thank the Attorney General and the Minns Labor Government for bringing about this important reform, and I particularly commend the swiftness of the Attorney General and his office in acting on this gravely important issue.”
Aileen MacDonald LIB
“I support the Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2023, which prohibits the use of spit hoods on people, particularly young people, in detention or custody. In a previous life I was a community corrections officer of 10 years standing and I agree with the general consensus that they are quite simply inhumane.”
Stephen Lawrence ALP
“I speak in support of the Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2023. I commend the Attorney General for his work on the introduction of this comprehensive bill to prohibit the use of spit hoods in all detention centres, correction centres and court cells as well as drug and alcohol treatment centres and mental health facilities.”
Anthony D'Adam ALP
“Natasha Maclaren-Jones, Ms Sue Higginson, the Hon. Aileen MacDonald, the Hon. Cameron Murphy and the Hon. Stephen Lawrence. As noted by members, the bill will amend legislation governing places of detention in New South Wales to prohibit the use of spit hoods by officers exercising functions under those Acts.”
News articles and press releases
Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2023
Dr HUGH McDERMOTT, Member for Prospect — 2023-11-29
The bill will amend legislation governing places of detention in New South Wales to prohibit the use of spit hoods by officers exercising functions under those Acts. A spit hood is a hood that covers the face or mouth of the wearer and can typically be secured at the base, around the wearer’s neck. Spit hoods prevent the wearer from spitting on or biting other persons, but can cause trauma, injury or death to the wearer. The New South Wales Government considers that the use of spit hoods in places of detention is an outdated practice that does not align with community expectations about the treatment of persons in places of detention. Spit hoods are not used in New South Wales, but that does not mean that they cannot be used in the future.