Australian and New Zealand Children’s Commissioners and Guardians condemn NT Police’s spit hood use

Australian Children’s Commissioners have “grave concerns” about NT’s continued use of spit hoods on kids. Read more here:

UPDATE NOON, WED MARCH 9: CHILDREN’s Commissioners in Australia have “grave concerns” about NT’s continued use of spit hoods on kids.

In an open letter to the NT Chief Minister, Michael Gunner, Australian and New Zealand Children’s Commissioners and Guardians (ANZCCG), have called for legislation that will prohibit the use of spit hoods and restraint chairs on children and young people in the NT.

The calls come just weeks after the NT News exclusively reported spit hoods were used 27 times on children over the last four years: one child was as young as 12.

“ANZCCG members support calls for the Northern Territory government to legislate protections prohibiting the use of spit hoods and MRC on children and young people in the Northern Territory,” the letter reads.

Northern Territory Office of the Children Commission, said the greatest concern was the potential for further fatalities through the use of spit hoods.

“We have national expert groups: ANZCCG, ACOSS, Change the Record, NATSILS, Save the Children and the Human Rights Law Centre, together with peak NT organisations requesting the NT government legally ban the use of spit hoods,” said Acting Children’s Commission NT Nicole Hucks.

The letter references South Australia as the only place to have legislated a ban on spit hoods, but asks the Northern Territory government to follow suit.

“This matter is too critical to leave under the guidance of policy. State and Territory laws need to be consistent with the aim of the Optional Protocol to the Convention Against Torture (OPCAT), to which Australia is a signatory,” the letter read.

Acting Childrens' Commissioner Nicole Hucks

“Of greatest concern is the potential for the use of spit hoods to be fatal, exemplified through numerous cases of deaths in custody involving circumstances where spit hoods, or similar devices, have been used.”

ANZCCG said children who are in the justice system are some of the some of the most vulnerable and disadvantaged in society, with research indicating many children have high levels of disability and trauma.

“A disproportionate number of the children charged with criminal offences each year are Aboriginal and Torres Strait Islander in Australia.”

The letter acknowledges police deserve a “safe working environment” but said there are less dangerous and more appropriate measures for protecting both children and workers.

“To effectively protect children and young people the use of these alternative measures must be mandated through clearly articulated legislative provisions banning the use of spit hoods and MRC.”

UPDATE NOON, WED: THE Territory’s top legal officer has denied knowing police were still using spit hoods and restraint chairs.

The NT News exclusively reported NT Police were increasing their use of spit hoods on children as young as 12.

However on Monday the Attorney-General Selena Uibo said she wasn’t aware of their continued use.

“It is not something that has come to my attention,” she said.

“I haven’t had anyone raise it with me as a particular concern prior to a fortnight ago.”

The NT News asked Ms Uibo who raised the “particular concern” with her as a fortnight ago was prior to the story being made public.

However, the questions put to the government have continually received the same two line response from the Chief Minister Michael Gunner’s office.

On two occasions the NT News has been sent a word-for-word response that was originally attributed to a government spokesman and in the second instance the same lines were attributed to Ms Uibo.

The NT News understands that all questions regarding spit hoods is been handled by Mr Gunner’s office and other ministers are not to answer media questions.

Last week all Minsters were contacted by the NT News to ask when they were first made aware of the continued use of both restraint methods.

It is understood a caucus meeting was called on Friday 18 February to brief Labor members of police’s continued use.

Labor caucus will meet today and the NT News understand spit hoods will be discussed further.

Both spit hoods and restraint chairs were recommended to be banned by the Royal Commission in to Protection and Detention of children in the NT.

But last week, Police Minister Nicole Manison told media she has asked NT Police to provide alternatives to using spit hoods and restraint chairs.

In South Australia spit hoods were made illegal in 2021.

UPDATE 10AM, SAT: INTERNATIONAL and Australian agencies have called on the Gunner Government to follow through with banning spit hoods on children.

The Human Rights Law Centre has said the Chief Minister assured the nation both spit hoods and restraint chairs were banned.

“The images of a child being hooded and strapped to a chair were an international shame. The Royal Commission recommended banning the use of spit hoods and restraints,” said legal director Nick Espie.

“The fact the spit hoods and restraints have continued to be used by NT Police despite the Chief Minister banning them is more than an oversight, it is a silent deception, and another example of half measures and half efforts that are followed up by punitive reforms.”

Me Espie said the NT Government must end this “cruel abuse of children”.

National Aboriginal and Torres Strait Islander Legal Service (NATSILS) executive officer Jamie McConnachie said the news this week was appalling.

“To learn this week that spit hoods are still being used in the NT is absolutely appalling. The fact that they are used on 12-year-old children makes me sick to my stomach,” he said.

“The Commission’s recommendations were crystal clear – the use of spit hoods and restraint chairs must be prohibited. Time and time again, lifesaving recommendations are ignored, and our people continue to pay the price.”

In the joint statement by ACOSS, Change the Record, NATSILS, Save the Children and the Human Rights Law Centre, peak national justice and child welfare groups called on Mr Gunner to uphold his election promises.

“The incoming Northern Territory Labor Government promised the use of spit hoods and restraint chairs on children would be banned. When the Royal Commission recommended spit hoods and restraint chairs be banned in 2017, the NT Government supported the recommendations in full,” the statement read.

The statement has also now been backed by international human rights organisation Amnesty International.

Amnesty International Australia Indigenous Rights campaigner Maggie Munn said the organisation backs health, legal and social services calls for a complete ban on spit hoods and restraint chairs.

“The data released shows a 12-year-old child was restrained using a spit hood. It’s heartbreaking to think that the lives of young children are valued so little that we allow designated tools of torture to be used against them,” Munn said.

“People have the right to workplace safety, but Amnesty International has serious questions about the appropriateness of this kind of response.”

Ms Munn said the Royal Commission included extensive recommendations regarding the safety of officers none of which included spit hoods.

“So we encourage Territory Police and the Government to review the report again for alternatives, such as protective personal equipment,” she said.

UPDATE 6AM, SAT: Federal politicians have been shocked by recent news the Gunner government has continued to use spit hoods on children in the NT.

On Monday the NT News exclusively reported spit hoods were used 27 times in police watch houses, which Indigenous Affairs Minister Ken Wyatt said was shocking.

“I was shocked to learn the Gunner Government has not implemented this (Royal Commission) recommendation. They need to get serious about these recommendations – spit hoods should be prohibited for use on children,” Mr Wyatt said.

“South Australia became the first state or territory to ban the use of spit hoods on people under the age of 18. I look forward to all other states and territories following suit.”

When images of a spit hood on a teenage boy went viral in 2016 Mr Wyatt said he was “angry, stunned and ashamed”.

I am angry, stunned and ashamed that this is happening in our Country and those responsible must be held accountable.

— Ken Wyatt (@KenWyattMP) July 25, 2016

Mr Wyatt said since then all governments have committed to the National Agreement on Closing the Gap which included targets to reduce the rate of Indigenous incarceration and youth detention.

Furthermore Labor’s own Senator Malarndirri McCarthy also said she was unaware the practice had continued since the Royal Commission.

“I was unaware spit hoods were being used on children in NT Police watch houses until recent media reports.”

“ … findings from the Royal Commissions into Aboriginal deaths in custody and Youth Detention are a strong reminder not to repeat the same mistakes that triggered these inquiries in the first place,” she said.

Ms McCarthy also said the high rates of Indigenous incarceration in the Northern Territory were alarming, in particular with youth.

The revelations come just two days after medical, legal and social services called the continued use of spit hoods “deeply disturbing”.

Australian Council of Social Services (ACOSS) chief executive Dr Cassandra Goldie called the “backflip” cruel.

“ACOSS was extremely disturbed to hear that the Northern Territory government had backflipped on their previous commitment to ban the use of spit hoods and restraints on children,” she said.

“The use of these measures is nothing short of cruel, and the serious damage and emotional distress they cause to children has been well established. We urge the Northern Territory government to uphold their previous commitment to banning these devices.”

UPDATE 6AM FRI: CHIEF Minister Michael Gunner has refused to say whether he knew Territory police had continued to use spit hoods on children in their care.

Mr Gunner, during the last election, promised to fully implement all recommendations from the Royal Commission into Child Protection and Youth Detention.

A key recommendation following the Royal Commission was the immediate ban of spit hoods and restraint chairs, which Mr Gunner received international praise for implementing in 2016.

On Monday the NT News exclusively reported that Territory police were not only continuing to use the restraints but had increased their use on children since 2020.

The NT News emailed Mr Gunner and all government ministers on Thursday to ask if they were aware that spit hoods and restraint chairs were still being used on children four years on from the inquiry.

However, in a blanket response the NT News was told by Mr Gunner’s spokesman the use of spit hoods and restraint chairs was immediately banned in detention facilities in 2016.

“The continuation of this ban was supported in a recommendation by the Royal Commission into the Protection and Detention of Children in the Northern Territory,” he said.

In the original statement Mr Gunner refused to answer if he was aware of their continued use and when asked a second time, his spokesman said “no further comment will be made at this time”.

No other Labor minister chose to respond to the NT News’s questions.

The NT News understands the issue has caused division within the Labor Party, with a number of ministers unaware both spit hoods and restraint chairs were still being used on children. Medical, legal and social experts have condemned the continued use of spit hoods on children by police, calling it a ‘betrayal’ by the Gunner government.

When the Royal Commission’s findings were tabled in 2017, Mr Gunner told the parliament: “I take responsibility for fixing the system so that no future Chief Minister will have to address these same problems”.

CLP opposition leader Lia Finocchiaro also declined to answer if she was aware of their continued use.

However, her party was at the centre of the investigation in 2016 which led to the Royal

Commission and the widespread media coverage of spit hoods on children in NT detention centres.

Independents Mulka MLA Yingiya Guyula and Araluen MLA Robyn Lambley said they were not aware the restraints were still used.

Mr Guyula said this was not in line with the Royal Commission recommendations.

“This is one of the reasons why I talk a lot about elders in remote communities being recognised and empowered to work in the role of peacekeepers,” he said. “As an elder I can take abuse if it’s yelled at me or I’m being spat at. My job is to calm that person down and wait until they are ready to talk.

‘These kinds of interactions with police cause ongoing harm and mistrust and we need to build better relationships.”

Ms Lambley called the practice “barbaric” and called for an investigation into alternative measures.

“I was stunned that they were still being used. I thought it was a thing of the past,” she said.

Kezia Purick said she would not be commenting as it was a matter for the government.

UPDATE, 6AM THURS: POLICE have been ordered to investigate alternatives to spit hoods in the wake of revelations that children were still being placed in the “degrading” restraints.

Police Minister Nicole Manison said the NT government had asked police to advise it if there were alternative practices “to keep officers as safe as possible”.

“This may include investigating whether additional penalties should be considered for offences against officers and whether protective equipment, or other measures, can be provided to staff to further mitigate against the risk of injuries caused by spitting and biting,” Ms Manison said.

“We also have a duty of care to provide a safe environment for anyone who is in custody.”

It comes after the NT News exclusively revealed police had used spit hoods on children 27 times in Territory watch houses since 2018, including on a 12-year-old.

Territory Families Minister Kate Worden said alternatives to spit hoods had been in place in youth detention for four years.

Ms Worden said Youth Justice Officers were trained with an understanding of “de-escalation techniques and behavioural management programs, negotiation techniques, restorative practices and trauma informed care practices”.

On Wednesday, medical, legal and social experts advocates called on the NT government to “stop playing games over the detention and protection of children”.

A joint statement from Danila Dilba, NT Council of Social Services (NTCOSS), Aboriginal Medical Services Alliance NT (AMSANT) and the North Australian Aboriginal Justice Agency (NAAJA) has condemned the continued use of spit hoods on children.

The statement said the continued use was a “betrayal” because the Gunner government had accepted all recommendations from the 2017 Royal Commission, with ministers condemning the restraints as recently as last year.

AMSANT chief John Paterson said it was “disgraceful”, while Danila Dilba CEO Rob McPhee said the practice posed a “very real risk of asphyxiation and choking”.

Mr McPhee said their continued use was a “direct retreat” from the Royal Commission recommendations.

NTCOSS chief executive Deborah Di Natale said the use was a backflip from the government, which was “trying to rewrite history on the commitments it made by introducing new caveats on its promises”.

While Ms Manison has requested police investigate alternatives, she said police safety was a significant concern. “Acts of violence against police are unacceptable – especially spitting at them during a pandemic,” she said.

The NT Police Association and CLP have come out in support of the continued use of spit hoods on children.

“Age doesn’t change the fact that if you are a danger to yourself or others, police need to be able to restrain people in custody,” Opposition Leader Lia Finocchiaro said.

Police said the use was “highly controlled” and independently reviewed.

UPDATE 4PM WED: MEDICAL, legal and social experts have called on the Northern Territory Government to stop playing games over the detention and protection of children.

A joint statement from Danila Dilba, NTCOSS, AMSANT and NAAJA has condemned the continued use of spit hoods on children as young as 12 years old.

The statement said the continued use was a ‘betrayal’ as the Gunner Government had accepted all recommendations from the 2017 Royal Commission, with ministers condemning the restraints as recently as last year.

During debates over the controversial youth bail reforms, Territory Families Minister Kate Worden told the parliament “We will not reintroduce things like spit hoods or strapping young offenders into chairs, and we will not be locking them up 24 hours a day in solitary confinement”.

Yet this week NT News exclusively revealed Territory police were not only continuing to use the restraints, but had increased their use on children since 2020.

Police data revealed officers used spit hoods on children 27 times in Territory watch houses since 2018, including on a 12-year-old kid.

Police also used restraint chairs on young people six times between 2020 and 2021.

The joint statement said this revelation was “shocking and concerning”.

Aboriginal leader and AMSANT chief executive John Paterson said it was “disgraceful”.

“At a time when we have been working to build better relationships with NT Police over Covid-19, the use of these methods betray our young people — instead of therapeutic rehabilitation, we are seeing retribution,” Mr Paterson said.

“Yes, young kids do get in trouble — no one denies that — but to respond with the violence that has been condemned by the 2016 Royal Commission is totally the wrong answer.”

Danila Dilba chief executive Rob McPhee says the use of spit hoods was unacceptable and a degrading practice with the “very real risks of asphyxiation and choking”.

Mr McPhee said their continued use was a “direct retreat” from the Royal Commission’s recommendations.

“Not to mention a backflip to statements made by representatives in both Governments in 2016 committing to prohibiting the use of spit hoods,” Mr McPhee said.

The North Australian Aboriginal Justice Agency principal legal officer David Woodroffe said the use of spit hoods and restraint chairs on children by police must stop.

“We should be following South Australia’s lead and introducing urgent legislation to prohibit their use in police custody,” Mr Woodroffe said.

“Police watch houses are not the best place for children at-risk of harm. We need to adopt alternative strategies which focus on mental health approaches.”

NTCOSS chief executive Deborah Di Natale said the use was a shameful backflip from the government.

“The Northern Territory Government has accepted international kudos for banning the use of spit hoods and restraints on children in the NT,” Deborah Di Natale said.

“Now we find those devices are still in use and the NT Government is trying to rewrite history on the commitments it made by introducing new caveats on its promises.”

Ms Di Natale called for an “evidence-based approach” to address the social and financial costs of crime and corrections.

“The Royal Commission provided a road map for change and the Territory Government must honour its commitment to implementing those recommendations for the betterment of all Territorians,” she said.

The Territorian calls have been echoed at a federal level, with the National Aboriginal and Torres Strait Islander Legal Service (NATSILS) saying they were “sick of recommendations being ignored”.

NATSILS executive officer Jamie McConnachie said lifesaving advice recommended by numerous royal commissions and coronial investigations had been dismissed.

“Spit hoods are inhumane torture devices, and they break international anti-torture laws when they are used to punish, intimidate or coerce,” Ms McConnachie said.

“We have seen this happen repeatedly across youth and adult prisons and it must be stopped.”

She advocated for an independent monitor to look into the treatment and conditions of people detained.

“To put an end to the use of solitary confinement, spit hoods and restraints, and other practices that amount to torture or cruel, inhuman, degrading treatment or punishment, including isolation and quarantine measures that amount to effective solitary confinement, in all adult and children’s prisons,” Ms McConnachie said.

The Northern Territory Police Association and CLP have come out in support of the highly regulated continued use of spit hoods on children as young as 12 years old.

“Age doesn’t change the fact that if you are a danger to yourself or others, police need to be able to restrain people in custody,” opposition leader Lia Finocchiaro said.

“Northern Territory police perform a very difficult job in extremely confronting circumstances and deserve to be protected from communicable diseases, which can have a long-lasting impact on their health.”

Ms Finocchiaro said there were strict guidelines in place, and the measures were used only as a last resort.

“These measures are used to protect the police and those (children) in custody, and should be allowed to be used when all other options are exhausted.” she said.

This does not acknowledge advice from medical professionals who claim there are therapeutic interventions that can de-escalate the situation, which are currently in place in other high-risk settings such as hospitals and youth detention centres.

UPDATE, 2PM TUESDAY: THE POLICE union has backed the continued use of spit hoods on children in Territory watch houses, arguing police safety must be the primary concern.

The Northern Territory Police Association has come out in support of the controversial restraint method on children, after it was revealed the use of spit hoods on children was on the rise in the NT.

Police data revealed officers used spit hoods on children 27 times in Territory watch houses since 2018, including on a 12-year-old kid.

Senior Vice-President Lisa Bayliss said the union fully supported the continued use of spit hoods and restraint chairs as a workplace health and safety precaution.

Ms Bayliss said removing spit hoods would increase the risk of exposure to communicable diseases, which could have a lasting impact.

“When a police officer is intentionally spat on, not only is it a serious criminal offence, but the period of waiting just to find out whether you’ve been impacted by the assault and contracted a communicable disease, is quite distressing,” she said.

The NTPA said a blood test was required whenever an officer was spat on to see if they had contracted a communicable disease.

“During that period of waiting for the results they can’t kiss their own children for fear of passing on a disease,” a NTPA spokesman said.

NT Police and the union have said restraint chairs and spit hoods were only used as a last resort and were implemented under strict guidelines.

Ms Bayliss said if a child was violent or self-harming, police had an obligation by law to keep themselves and others safe.

“Restraint chairs are used as an option of last resort, and at times are necessary to ensure the protection of not only police but those in custody,” she said.

This does not acknowledge advice from medical professionals who claim there are therapeutic interventions that can de-escalate the situation.

The Police Union’s support for spit hoods and restraint chairs on children is in direct opposition to calls from Danila Dilba, Aboriginal Medical Services Alliance Northern Territory, Northern Territory Council of Social Service, the national peak body for Aboriginal and Torres Strait Islander Legal Services NATSILS, Human Rights Law Centre, Australian Lawyers for Human Rights, Change the Record and the NT Office of the Children’s Commissioner.

Acting Children’s Commissioner Nicole Hucks said, like all public institutions, police should adhere to national and international standards on children’s rights.

“I recognise that police and those working with complex children and young people have the right to work in a safe environment,” Ms Hucks said.

“It must also be acknowledged that the level of distress being experienced by children as they come into contact with the police is extreme.

“When there are serious concerns for a child’s safety and wellbeing while being detained by police, the child should be transferred to a more appropriate environment where their mental health needs can be suitably addressed.”

The NTPA claimed that no alternatives to spit hoods had been put forward, despite the restraints already being banned in youth justice centres and the 2017 Royal Commission investigating the use of PPE equipment as an alternative to restraining a child.

Ms Hucks encouraged police to explore the alternatives used in other jurisdictions and Territorian detaining authorities.

The OCC said it was accepted that restrictive practices could present serious infringements on children’s rights, and have been a common factor in multiple deaths in custody.

Last year South Australia became the first jurisdiction in the country to ban the use of spit hoods after 29-year-old Wayne Fella Morrison lost consciousness and later died following restraint in a spit hood in 2016.

The Royal Commission acknowledged the risk of spitting in a youth justice context, and recommended the Government should investigate “other practical alternatives … to prevent exposure”.

This recommendation was agreed to by the Gunner Government.

Yet four years on from the Royal Commission the union has maintained police safety supersedes the child protection reforms.

“Whilst we appreciate the Royal Commission recommendations around spit hoods and restraint chairs, the safety of our members must come first in the absence of an alternative solution which to date is not forthcoming by those who are calling for their demise,” a NTPA spokesman said.

NT’s worst cop shops for spit hood use

INITIAL, 6AM TUESDAY: TERRITORY children were forced into spit hoods by Territory Police in stations with no custody nurse to check on their wellbeing.

NT Police have revealed the continued use of spit hoods on children as young as 12-years-old, despite recommendations to prohibit the restraint technique in the Territory.

The NT News can reveal that officers have used spit hoods on children 27 times since 2018 at the Darwin, Palmerston, Alice Springs, Katherine, Tennant Creek and Casuarina stations.

Palmerston Station, which sits just 8km from the Don Dale Youth Detention Centre, was the most prolific user of the controversial restraint device.

Palmerston officers used spit hoods on children 15 times over four years, using the device 11 times in the 12-months of 2020.

Restraint chairs were also used twice in Palmerston over the past two years.

Alice Springs police put three teenagers in restraint chairs over 2020 and 2021, while Katherine officers used the device on a 15-year-old in 2020.

While Assistant Commissioner Bruce Porter said custody nurses were based in the primary Watch Houses.

Mr Porter said custody nurses were located in Darwin, Katherine and Alice Springs to “assist in assessing and supporting the management of a person in custody exhibiting the signs of self-harming behaviours”.

NT Police have clarified that Palmerston station falls within the Darwin command, so the facility maintains a 24/7 custody nurses.

Restraints also used three times in Tennant Creek and twice in Casuarina.

“The Northern Territory Police have stringent controls in place (for) the use of these items (spit hoods) including risk profiling, observation and checking protocols and time limits on use, which are continually assessed and reassessed during the period of custody,” he said.

Mr Porter said the hoods were used for the “safety” of children and the officers “caring for them”, despite the 2017 Royal Commission concluding restraints were “inhumane” and experts describing them as “distressing” and “claustrophobic”.

Spit hoods have also led to deaths in custody, including Wayne Fella Morrison who lost consciousness and later died following restraint in South Australia in 2016.

Police Minister Nicole Manison defended the hoods’ use by differentiating watch houses from youth detention.

“The use of spit hoods and restraint chairs … is a last resort when there is a genuine threat to the health and safety of the youth themselves, or police,” Ms Manison said.

“These practices are highly controlled, supervised and independently reviewed after each incident.”

Originally published as Australian and New Zealand Children’s Commissioners and Guardians condemn NT Police’s spit hood use