Important legislative change - Statutes Amendment (Spit Hood Prohibition) Act 2020

The Statutes Amendment (Spit Hood Prohibition) Act 2020 was passed yesterday in Parliament. This legislation bans the use of spit hoods in South Australia by modifications to the Correctional Services Act 1982, Mental Health Act 2009, Sheriff's Act 1978, Summary Offences Act 1953 and the Youth Justice Administration Act 2016. A copy of the amendment can be viewed here.

While banning the use of spit hoods has been implemented by policy decisions in Youth Justice since last year, and in Corrections since September this year, the legislation now makes it an offence to place a spit hood on a person. The maximum penalty is imprisonment for two years.

Under the amendments to the various Acts, a spit hood is defined as:

“spit hood means a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person”.

The PSA lobbied politicians involved in the Bill while it was before the parliament about the need for appropriate PPE and for adequate alternatives to be available to members to ensure your workplace health and safety.

PSA General Secretary Nev Kitchin yesterday issued public comments about the risks our members face in their daily work, the PSA’s position, and the the issues the PSA has raised with all levels of government.

"The safety of our members and people in their care is paramount."

"Our members are subjected to serious risks of spitting and biting on a regular basis."

"A member was spat upon only yesterday – some of the ways of dealing with dangerous situations have resulted in our members’ safety being put at serious risk."

"Adequate and appropriate alternatives must be provided and put into place. In some places this just has not happened."

"It is also critical that employees have been fully trained in any alternatives provided as alternatives to spit hoods."

"Spit hoods have provided one means for protecting the safety of our members in exceptional circumstances. Spit hoods were not routinely used, and were only used in exceptional circumstances before the government introduced its ban earlier this year."

"The definition of spit hoods in this legislation is too broad and may lead to unintended consequences."

"The maximum penalty of two (2) year's imprisonment is far too excessive and out of proportion to the matter at hand. The risks to our members from spitting or biting are life-long serious illnesses or injuries. In prisons – the PPE is inadequate, with limited availability, and is unsafe."

Some of Nev Kitchin’s comments were reported on the ABC yesterday.