22AProhibition on use of spit hoods

22A Prohibition on use of spit hoods

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.

s 22A: Ins 2024 No 5, Sch 1.