Spit Hoods

The Hon. C. BONAROS (14:37): I seek leave to make a brief explanation before asking the Attorney a question in relation to the use of spit hoods in police custody.

Leave granted.

The Hon. C. BONAROS: In recent weeks and months, many advocacy organisations have expressed deep concern about the Northern Territory Country Liberal Party state government's decision to reintroduce spit hoods in youth detention and police custody. As we know, we in this place legislated to ban spit hoods in South Australia after a Wiradjuri, Kokatha and Wirangu man died in custody while restrained with a spit hood.

The reform was rooted in respect for human dignity and evidence, and moved this jurisdiction closer to fulfilling our national obligation under the United Nations Optional Protocol to the Convention against Torture which, again, I understand the Attorney is more than familiar with, and has been discussed at previous Standing Councils of Attorneys-General. Groups including Australian Lawyers for Human Rights, Amnesty International and Children and Young People in Justice have condemned the move by the NT. The First Peoples Disability Network noted in a media release:

The Northern Territory Government is knowingly choosing to use instruments of torture on children with disabilities, directly defying the recommendations of the 2017 Royal Commission and violating international human rights law.

My question to the Attorney is: given this now government support for banning spit hoods, what, if anything, are we doing in the context of raising this with our Northern Territory counterparts at the next meeting of attorneys-general and urging them to abandon any plan to reintroduce spit hoods in youth or detention settings?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (14:39): I thank the honourable member for her question. Yes, it is the case that the use of spit hoods has been banned in detention facilities in South Australia. In fact, I think we might have been the first jurisdiction to do that around Australia, back in 2020 or 2021, from memory—very good legislation that was put forward in relation to that. Since it was banned in South Australia, it certainly has been something that I know has been, early on in this term of government, on the agenda of the Standing Council of Attorneys-General. I don't recall it being on the agenda more recently, but I am happy to see if there is any appetite for it to be on there.