New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 231A

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.