Members of the Australian National Preventive Mechanism - an alliance of human rights and justice organisations, including custodial inspectors, ombudsmen and human rights commissions - have raised the alarm over the Northern Territory's proposal to reintroduce the use of spit hoods on children in youth detention.
On Monday, the NT Police Commissioner Michael Murphy said the practice, which the 2017 Royal Commission into the Protection and Detention of Children in the Northern Territory called to be abolished - would be reinstated.
"We will be introducing spit guards this week, back into use in the Northern Territory—just in our watch house facilities," he said on Monday.
The NPM said the ill treatment of children deprived of their liberty is an issue of collective concern, irrespective of where it occurs. The alliance said they are guided by informed local NT voices, who have studied the evidence on spit hood use in the NT, and call on the NT government to do the same.
In a joint statement, the NPM said: "There is no safe way to use a spit hood on a child."
"As well as being inherently dehumanising, spit hoods have the potential to cause distress,1 and can pose a risk of asphyxiation and death.
"In June 2023, the NT Office of the Children's Commissioner published a position paper on the use of spit hoods and restraint chairs on children. This paper's robust evidence demonstrated the significant risks of using spit hoods on vulnerable people, especially children."
Commonwealth Ombudsman and NPM Coordinator Iain Anderson stressed on Friday that avoiding spit hood use should also not be seen as a justification for other uses of force in detention environments which cause harm.
"Appropriate training including focusing on de-escalation, as well as adequate personal protective equipment, should be central," he said.
The NP cited NT Children's Commissioner Shahleena Musk, who said the devices "cause irreparable harm to children who have already experienced significant trauma, and have unmet disability and mental health needs".
"At the same time, the rationale for their use is inherently weak. In their 2023 investigation report into spit hood and emergency restraint chair use on children in police custody, the NT Ombudsman found the risk of spreading communicable disease through spitting and biting was negligible," the NPM joint statement said.
The investigation noted a range of more effective measures based on a health approach in use across the country and internationally, including de-escalation techniques and personal protective equipment. The NPM said these alternatives are "better placed to protect workers, protect children and meet best practice standards".
"Staff need to be adequately protected in their work, but spit hoods are not the answer."
@natindigtimes Spit hoods will be used on children in the Northern Territory, the Police Commissioner has confirmed. #northernterritory #spithoods #ntgovernment #ntpolice #auspol ♬ Breaking News Background Music (Basic A)(1001538) - LEOPARD
Spit hoods are banned in custodial settings in New South Wales and South Australia and Victoria has forbidden the use of spit hoods on anyone in detention under the age of 18.
The Australian NPM urged all Australian governments to legislate a ban on spit hood use on children in all forms of detention, employ appropriate alternative strategies, and ensure any use of force against children remains a last resort.
"All Australian governments must meet their obligations to adequately implement the Optional Protocol to the Convention against Torture (OPCAT), so that all members of the Australian NPM can perform critical preventive oversight of detention."
