SA first state to ban spit hoods after bill passes Lower House

The family of a man who died three days after he was restrained in a spit hood hopes South Australia’s new ban on the device will spark national change.

South Australia has become the first state or territory in the country to ban spit hoods after a Bill passed the lower house.

The family of Wayne Fella Morrison, who advocated for the ban, said it was a “win” for Aboriginal rights in South Australia, but will continue to fight for a national ban.

Mr Morrison, 29, died in September 2016, three days after being restrained with handcuffs, ankle flexi cuffs and a spit hood, and placed face down in the rear of a prison van at Yatala Labor Prison.

Latoya Rule and her brother Wayne Morrison. Picture: Facebook

Supporters of Wayne Fella Morrison gather at a vigil in Victoria Square, Adelaide. The Deputy Coroner is making a ruling into the 2016 death in custody of Wayne Fella Morrison: NCA NewsWire / David Mariuz

Mr Morrison’s family labelled the spit hood – a mesh hood or spit guard used as a restraint from spitting or bitting – as a torture device, and said it was part of the cause of his preventable death.

SA Best’s Connie Bonaros introduced the Bill, also known as Fella’s Bill in state parliament in April 2020.

Supporters of Wayne Fella Morrison gather at a vigil in Victoria Square, Adelaide. NCA NewsWire / David Mariuz

It passed the Legislative Council with unanimous cross party support on Thursday.

Mr Morrison’s sister, Latoya Aroha Rule, said she was happy the state had banned these “archaic devices”

“(It) gives us confidence that other governments across Australia have the capacity to follow suit, and they must,” Ms Rule said.

“A national ban on spit hoods will secure the importance of the right against torture, the right to life and safety, and the right to freedom for all people across Australia.”

She thanked the people of South Australia for their support.

“I miss my brother more than ever, I know he would be proud of us all.”

Mr Morrison, a Wiradjuri, Wirangu and Kokatha man, was a loving gather, artist and fisherman.

His death is subject to a lengthy coronial inquest.