Legislative Council Fifty-Fourth Parliament, First Session (54-1) 54 1 Parliament of South Australia Legislative Council published Matters of Interest Spit Hoods Spit Hoods The Hon. C. BONAROS Legislative Council The Hon. C. BONAROS (15:34): I rise to speak on the controversial and outdated use of spit hoods in custodial settings, a matter raised yesterday in this place by the Minister for Human Services, the Hon. Michelle Lensink. SA-Best welcomes the tabling of two reports in the Legislative Council, the Ombudsman's investigation concerning the use of spit hoods in the Adelaide Youth Training Centre and the term 4 2018 report of the Visiting Program and Review of Records of the Adelaide Youth Training Centre. We were eagerly awaiting both reports to assist us in finalising a private member's bill on this very issue that I intend to introduce in parliament in the next week of sitting. The disturbing incidents reviewed by the investigation undertaken by Ombudsman Wayne Lines highlight the need for legislation to ensure that the barbaric practice of deploying spit hoods is banned in both youth and adult custodial settings. The Ombudsman found their use involved the unnecessary application of force and restraint, which is contrary to the objects and guiding principles of the youth justice system and the Charter of Rights for Youth Detained in Training Centres. In response to issues raised by evidence given to coronial inquests into recent deaths in custody, including that of Wayne Fella Morrison, and concerns expressed by the Guardian for Children and Young People along with findings and recommendations of the Ombudsman's report, our proposed bill will seek to ban the use of spit hoods in all custodial settings, juvenile and adult, effective immediately. I will just comment further on the ongoing inquest regarding Wayne Fella Morrison, and will highlight this more when I speak further on this matter. We know in that case that Mr Morrison had been taken into custody on remand. Due to overcrowding he was held at the Holden Hill cells before being moved to Yatala, where he was waiting to appear in the Elizabeth Magistrates Court by video link. Hours before he was due to appear there was an altercation between Mr Morrison and two guards in his holding cell, and up to 12 guards are said to have wrestled Mr Morrison to the ground in a nearby corridor. CCTV played for the court showed him being pinned to the floor while his hands and legs were cuffed. A spit hood was placed over his head, and a group of officers carried him chest down, face down, in a prone position into a prison transport van. Four guards accompanied him in the back of the van. For three and a half minutes no-one knows for sure what happened, but it is the subject of an ongoing inquest. There is no CCTV footage showing what happened, and I understand that the four prison guards involved have refused to make any statements. That is something that is the subject of ongoing discussion in the coronial inquest, and I understand the matter is also being referred to the Supreme Court. The Guardian for Children and Young People has identified court cells and custodial transport as other detention settings that the bill we will introduce will cover. As noted yesterday by minister Lensink, South Australia has the dubious distinction of remaining the only jurisdiction in Australia still using spit hoods in youth training centres. I expect, with this coronial inquest, we will be hearing much more in relation to these spit hoods, not only in youth detention centres but also, as I said, in adult custodial settings. I was somewhat heartened to hear, based on the report provided, that spit hoods have been utilised only once since March 2019. That is a significant reduction from the reported 57 uses of spit hoods in youth training centres from October 2016 to 2017. An immediate ban is absolutely achievable, in SA-Best's view. We need to learn from the best practice of other jurisdictions, which have long ceased using these spit hoods, to ensure that staff are adequately supported in implementing the changes and that they are not placed at increased risk. I am confident, given the appropriate expertise and resources, that the relevant departments are capable of achieving this in a safe and expeditious manner. I look forward to further debate on this issue in coming weeks.