Following the revelation that ACT police officers used a spit hood on a 16-year-old girl who became violent, the police union has slammed calls for the devices to be banned, saying they protect officers.
Australian Federal Police Association (AFPA) president Alex Caruana said police officers have the power to respond proportionately to a violent offender.
“If that person wasn’t acting in such a violent way and spitting at officers, they wouldn’t be [put in a spit hood],” he said.
“When was the last time you saw [an ACT Green] put their hand up to stand in the front line, to put themselves and their body in danger to deal with these people who are acting in an unsociable, violent way?”
On Monday (29 August), ACT Chief Police Officer Neil Gaughan confirmed ACT police officers used spit hoods, but rarely.
He could not provide detailed figures at this stage as the data was not routinely collected, although it is expected to be provided at a later date.
CPO Gaughan told the hearing the hoods, which are placed over a detainee’s head to stop them from spitting or biting, are safe as long as they are used correctly.
The ACT Greens, who questioned the CPO in estimates, later raised concerns about a lack of reporting and the use of the devices.
ACT Greens spokesperson for police Andrew Braddock said no one should be spat on while they do their job, but he believed there were more “suitable and humane measures for police to use”.
Mr Braddock will consult with “key stakeholders and advocates” about banning the devices and hopes to bring that debate to the Assembly before the end of this year.
Those sentiments are shared by Change the Record – a First Nations-led advocacy group – which has called for a ban. The group has written to Corrections Minister Mick Gentleman and Attorney-General Shane Rattenbury.
Change the Record executive officer Sophie Trevitt said there is no safe way to use spit hoods.
“It beggars belief why spit hoods would still be in use in a so-called human rights jurisdiction like the ACT when other states and territories use alternatives to keep workers safe like face shields and PPE,” she said.
The ACT Human Rights Commission expressed “serious concerns” about the lack of data on the use of spit hoods in the Territory.
It has also thrown its support behind a ban.
But the union said spit hoods should be considered PPE.
Mr Caruana agreed with CPO Gaughan, saying the hoods are safe and are a “reasonable, measured response” when used in accordance with their guidelines.
“They are very, very safe and I do not foresee any issues with [the ones used by the AFP],” he said.
“They are there to protect police officers from unnecessary risk. And at the end of the day, [spitting] is a grubby thing to do.”
Mr Caruana said problems arise with the spit hoods if a detainee spits when the hood is on as the liquid creates a gag, stopping the person from breathing properly.
He explained that this risk is mitigated if the person is supervised.
“The spit hood can just be removed altogether or taken off, cleaned and put back on.”
The police union is at pains to stress alternatives have been considered, but they simply aren’t as effective.
A spokesperson for the ACT Government said the government supports protecting the health and safety of police officers and the public.
“ACT Policing members are trained to de-escalate situations and resort to the use of force in exceptional circumstances. These are operational decisions for officers and are governed by directions issued by the AFP Commissioner, such as Order 3 on operational safety,” the statement read.
“All actions by ACT Policing are subject to scrutiny, including through Professional Standards, the Ombudsman and Australian Commission for Law Enforcement Integrity (ACLEI).”