The Territory has come under fire as national calls to ban spit hoods grow

The Territory’s use of spit hoods on children has come under the national spotlight again as calls to ban the device grow.

NATIONAL calls to ban spit hoods have been renewed following revelations they are still used on children.

Following the NT News exclusive investigation Federal Greens’ Senator Lidia Thorpe said there was no safe way to use spit hoods.

“The Greens have listened to the families and we are joining their call for a national ban on spit hoods and lethal chokeholds,” she said.

“As a matter of national urgency, we’re also calling for the full implementation of an independent prison oversight system under the Optional Protocol to the Convention against Torture.

“Without independent monitoring of places of detention, more First Nations people will die in custody.”

Ms Thorpe said everyone had the right to be treated fairly, no matter where they were.

“Humane treatment in police custody cannot be a game of chance,” she said.

Greens senator for Victoria, Lidia Thorpe (AAP Image/Luis Ascui)

National advocacy organisation Change the Record co-chair Cheryl Axleby has echoed the Greens’ call for a nation-wide legislated ban on spit hoods in every Australian jurisdiction.

“The use of spit hoods is contrary to the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules),” she said.

“These are rules that spell out the most basic standards that every human being in detention is entitled to.

“It is shameful that First Nations peoples are not having these most basic of human rights protected.”

Ms Axelby said spit hoods were implicated in the deaths of Aboriginal and Torres Strait Islander peoples in custody – including the tragic death of Wayne Fella Morrison – and were dangerous, degrading devices.

“It is deeply distressing to learn that these dangerous devices are still being used on Aboriginal children in the Northern Territory,” she said.

In 2021 the South Australia legally banned the use of spit hoods on all people in all settings after Mr Fella’s family successfully petitioned the then Liberal government.

“They have been outlawed in South Australia and there is no reason why other jurisdictions cannot do the same.”

The renewed outcry comes eight months after the NT News revealed spit hoods had been used 27 times, including on children as young as 12.

Senator Malarndirri McCarthy said she was deeply concerned about the continued use of spit hoods on young people in police watch houses but said the matter was primarily a state or territory responsibility.

“States and territories are primarily responsible for the criminal justice system and corrections facilities,” she said.

“They are responsible for ensuring people are safe and treated with dignity in detention.”

Ms McCarthy further confirmed reports the Territory Labor government was considering a list of alternatives to spit hoods in police watch houses, the only setting they were still used on children.

The NT News understands Police Minister Kate Worden will make a series of legislative recommendations at cabinet meetings in the coming month.

“The use of spit hoods has been looked at. I’ve requested that police put forward a range of options,” Ms Worden said.

“They have been looking at that very diligently over a number of months and that matter will be considered by cabinet in the very near future.”

Under Ms Worden’s portfolio as Youth Justice Minister banned in all Territory youth detention centers.

“They do not exist in that environment whatsoever. This is just in terms of police watch houses where young people first come into custody often in a heightened state.”

The NT News requested a copy of NT Police’s internal review of spit hoods and the list of alternatives provided to the Minister but was told by her office it was a “cabinet only document”.

Solomon MP Luke Gosling. Picture: NCA NewsWire / Gary Ramage

All federally elected Territory ministers and senators, Luke Gosling, Marion Scrymgour and Jacinta Price were asked for comment but they declined to respond before deadline.

Luke Gosling represents Solomon, the Darwin and Palmerston electorate, where police used spit hoods 19 of the 27 times on children.

NT POLICE TO TRIAL CHANGES

POLICE will consider implementing alternatives to spit hoods after being ordered to review the use of the device.

In February the NT News exclusively revealed Territory police had used spit hoods on children 27 times since 2018, sparking an internal review of the practice.

NT Police Minister Kate Worden confirmed that inquiry was now complete, more than five months after her predecessor Nicole Manison ordered the internal investigation.

In a statement Ms Worden said police had investigated “a range of different measures”, including whether protective equipment can be provided to staff to minimise the risk of spitting and biting.

“We have repeatedly said we are looking at alternatives to spit hoods,” she said.

“The government is also moving towards increased legislative deterrence for spitting offences against officers.”

Ms Worden did not comment on the issues of child safety, but said police must be kept safe from spitting.

“We also want them to be safe from any accusation of not providing proper care to people in custody,” she said.

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

NT Police was contacted to provide further details about the spit hoods internal inquiry, including when it was completed, who was consulted, and what alternatives were proposed.

“NT PFES has provided a range of options to the Minister consideration,” a spokesman said in a one line response.

It comes as the police watchdog, the NT Ombudsman confirmed its own independent investigation into spit hoods and restraint chairs in watch houses.

A spokeswoman said the investigation was started at the Ombudsman’s own initiative and it was co-operating with the Office of the Children’s Commissioner.

“The investigation is ongoing. A report is likely to be prepared at the conclusion of the investigation,” she said.

“The report or a summary of the outcome is intended to be included in a report for tabling in the Legislative Assembly.”

A date has not been set for this investigation to be finalised.

In 2017 the Don Dale Royal Commission recommended a prohibition on the use of both spit hoods and restraint chairs, describing the methods as “inhumane”.

The United Nations described spit hoods as “torture devices”.

In April the NT News exclusively reported that Queensland, the Northern Territory and Australian Capital Territory were the only policing jurisdictions to still use spit hoods.

Following the investigation NT News asked Queensland and ACT Police to provide a breakdown of where the devices were used and the age of children they were used on.

Australian Federal Police, who operate ACT Police, refused to provide data, stating it was not “reportable” data.

Queensland Police said data was being reviewed, including a breakdown of stations and the age of children.

Queensland police used spit hoods 138 times between 2015 and 2022, 20 of these times were on a child.

Despite the NT News being told a full response was being prepared for several months a spokesman for Qld Police refused to provide any further data.

On Wednesday Queensland’s Police Minister Mark Ryan committed to ensure alternative “force options’ were available other than spit hoods.

During a budget estimates hearing on Wednesday, Qld Police Minister Mark Ryan said the devices had been used on children 20 times since 2015, and eight times since 2019.

Mr Ryan said it had been seven months since the last child had been placed in the controversial restraints by Queensland police.

“The advice that I have got is that they are rarely used and in recent times have not been used,” Mr Ryan said.

“Certainly, it would be the government’s view that we would work alongside the police service to ensure that they had appropriate use of force options which did not include spit hoods.”

Queensland Police Commissioner Katarina Carroll said the use on children was “rare” but the service was committed to working with the Children’s Commissioner to find alternatives.

“I am well aware that we are one of the rare ones that still have (the use of spit hoods) in place,” she said.

“So we are looking at, very closely, working with the Children’s Commissioner, to … stop that use in the future, it’s just looking at how else we deal with those instances in our use of force options, so that is happening into the future.”

Commissioner Caroll did not clarify what rules or processes were currently in place to minimise the risks when children were put in spit hoods by police.