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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Detention Legislation Amendment
(Prohibition on Spit Hoods) Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Children (Detention Centres) Act 1987 No 57 3
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No
93 4
Schedule 3 Amendment of Drug and Alcohol Treatment Act 2007 No 7 5
Schedule 4 Amendment of Law Enforcement (Powers and Responsibilities) Act
2002 No 103 6
Schedule 5 Amendment of Mental Health Act 2007 No 8 7
Schedule 6 Amendment of Mental Health and Cognitive Impairment Forensic
Provisions Act 2020 No 12 8
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
Detention Legislation Amendment
(Prohibition on Spit Hoods) Bill 2024
Act No , 2024
An Act to amend various Acts relating to the detention of persons to prohibit the use of spit hoods.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Detention Legislation Amendment (Prohibition on Spit Hoods) Act
2024.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2024 [NSW]
Schedule 1 Amendment of Children (Detention Centres) Act 1987 No 57
Schedule 1 Amendment of Children (Detention Centres) Act
1987 No 57
Section 22A
Insert after section 22--
22A Prohibition on use of spit hoods
(1) Each of the following officers exercising functions under this Act must not use
a spit hood in the exercise of the functions--
(a) a juvenile justice officer,
(b) a correctional officer,
(c) a police officer.
Note-- A contravention of this subsection may constitute an unauthorised or
unreasonable use of force.
(2) Subsection (1)--
(a) applies despite any other provision of this Act or another Act or law, and
(b) does not limit section 22.
(3) In this section--
spit hood--
(a) means a covering, however described, intended to be placed over a
person's head to prevent the person from spitting on, or biting, another
person, but
(b) does not include a helmet designed to prevent self-harm, even if the
helmet incorporates a part designed to stop spittle.
Page 3
Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2024 [NSW]
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
Schedule 2 Amendment of Crimes (Administration of
Sentences) Act 1999 No 93
Part 11 Administration
Insert after section 236Q--
Division 9 Miscellaneous
236R Prohibition on use of spit hoods
(1) Each of the following persons exercising functions under this Act must not use
a spit hood in the exercise of the functions--
(a) a correctional officer,
(b) a police officer,
(c) a person employed for the purposes of a management agreement or
submanagement agreement.
Note-- A contravention of this subsection may constitute an unauthorised or
unreasonable use of force.
(2) Subsection (1) applies despite any other provision of this Act or another Act
or law.
(3) In this section--
spit hood--
(a) means a covering, however described, intended to be placed over a
person's head to prevent the person from spitting on, or biting, another
person, but
(b) does not include a helmet designed to prevent self-harm, even if the
helmet incorporates a part designed to stop spittle.
Page 4
Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2024 [NSW]
Schedule 3 Amendment of Drug and Alcohol Treatment Act 2007 No 7
Schedule 3 Amendment of Drug and Alcohol Treatment Act
2007 No 7
Section 49A
Insert after section 49--
49A Prohibition on use of spit hoods
(1) A person exercising functions under this Act must not use a spit hood in the
exercise of the functions.
Note-- A contravention of this subsection may constitute an unauthorised or
unreasonable use of force.
(2) Subsection (1) applies despite any other provision of this Act or another Act
or law.
(3) In this section--
spit hood--
(a) means a covering, however described, intended to be placed over a
person's head to prevent the person from spitting on, or biting, another
person, but
(b) does not include a helmet designed to prevent self-harm, even if the
helmet incorporates a part designed to stop spittle.
Page 5
Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2024 [NSW]
Schedule 4 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Schedule 4 Amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 No 103
Section 231A
Insert before section 232--
231A Prohibition on use of spit hoods
(1) A police officer or other detention officer exercising functions under this Act,
including under Part 16, must not use a spit hood in the exercise of the
functions.
Note-- A contravention of this subsection may constitute an unauthorised or
unreasonable use of force.
(2) Subsection (1) applies despite any other provision of this Act or another Act
or law.
(3) In this section--
authorised place of detention has the same meaning as in Part 16.
detention officer has the same meaning as in Part 16.
spit hood--
(a) means a covering, however described, intended to be placed over a
person's head to prevent the person from spitting on, or biting, another
person, but
(b) does not include a helmet designed to prevent self-harm, even if the
helmet incorporates a part designed to stop spittle.
Page 6
Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2024 [NSW]
Schedule 5 Amendment of Mental Health Act 2007 No 8
Schedule 5 Amendment of Mental Health Act 2007 No 8
Section 69A
Insert after section 69--
69A Prohibition on use of spit hoods
(1) An authorised medical officer, or another person, exercising functions under
this Act must not use a spit hood in the exercise of the functions.
Note-- A contravention of this subsection may constitute an unauthorised or
unreasonable use of force.
(2) Subsection (1)--
(a) applies despite any other provision of this Act or another Act or law, and
(b) does not limit section 69.
(3) In this section--
spit hood--
(a) means a covering, however described, intended to be placed over a
person's head to prevent the person from spitting on, or biting, another
person, but
(b) does not include a helmet designed to prevent self-harm, even if the
helmet incorporates a part designed to stop spittle.
Page 7
Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2024 [NSW]
Schedule 6 Amendment of Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12
Schedule 6 Amendment of Mental Health and Cognitive
Impairment Forensic Provisions Act 2020 No 12
Section 71 Application of provisions of Mental Health Act 2007 to forensic patients
and correctional patients
Insert before section 71(a)--
(a1) section 69A prohibiting the use of spit hoods,
Page 8
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