Children in Custody – Spit Hood Incident

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Ms ROSOL question to PREMIER, Mr ROCKLIFF

Yesterday, the Custodial Inspector released their report into security contractor transport of young people in custody. The report reveals a T‑shirt was pulled over a young person’s head as an improvised spit hood while they were in custody and being transported by a private security company. This was a result of DECYP’s failure to properly oversee private contractors. Spit hoods are both dangerous and a violation of human rights and after all your promises following the COI, your government is still not keeping children safe. Concerns about the security contractor were raised multiple times with the department and no action was taken.

Will you commit to legislating a ban on the use of spit hoods? Earlier you said, contracts are required, and the department is reviewing contract specifications. Will you commit to ending the use of private security contractors transporting children to and from Ashley?

ANSWER

Honourable Speaker, a large part of the last part of the question was answered in my answer to the question of a member for Franklin, where one was highlighting the complexity and the availability of staff at all hours of the day, night and during the week. There has to be a degree of flexibility to get those resources to ensure the safety of young people within the transport arrangements.

When it comes to the issue of spit hoods, as I said, spit hoods are strictly prohibited and not in use at Ashley Youth Detention Centre, I’m advised, including makeshift spit hoods such as T‑shirts, or any material that covers the face and the prohibition extends to use on transports to and from the centre. I’m advised that Ashley operations staff have been advised by direction and briefings that spit hoods of any type are prohibited, and where a risk of spitting is determined, a single use spit shield is available to staff to use as a form of personal protective equipment (PPE). Training and guidelines on the risks presented by spitting and how to manage them are currently being developed.

SUPPLEMENTARY QUESTION

Ms ROSOL – A supplementary question, Speaker?

The SPEAKER – A supplementary.

Ms ROSOL – The Premier didn’t answer either of my questions. The first was about whether he commits to legislating a ban on the use of spit hoods. He also talked about the need for flexibility with training companies. Clearly there’s a major issue with private contractors with staff turnover, casual work arrangements, and there’s no way of making sure those staff are properly trained. Will you take the necessary step of ending the use of private contractors?

The SPEAKER – I draw the Premier back to the original question.

Mr ROCKLIFF – I’d have to seek advice on the last part of that question. It’s a policy matter and there are complexities should one go down that pathway in terms of availability of staff, so I’d need to seek advice on what you are seeking and the implications for that.

I’m advised that the secretary of DECYP met with the Custodial Inspector to discuss the review findings and recommendations. We acknowledge the importance of independent oversight and safeguards to protect the rights of young people in the youth justice system and support the intent of the Custodial Inspector’s review recommendations. The recommendations will be assessed and considered, including legislation to ban the use of spit hoods under the act and amend or replace the act to cover the use of force that may occur outside of a custodial setting, for example, during transport and offsite appointment locations. In response to the review, the department has implemented and continues –

The SPEAKER – The honourable Premier’s time has expired.

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