New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 236R

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.