South Australia
Statutes Amendment (Spit Hood Prohibition) Act 2021
An Act to amend the Correctional Services Act 1982, the Mental Health Act 2009, the Sheriff's Act 1978, the Summary Offences Act 1953 and the Youth Justice Administration Act 2016.

Contents
Part 1—Preliminary
1	Short title
2	Amendment provisions
Part 2—Amendment of Correctional Services Act 1982
3	Insertion of section 86AA
86AA	Prohibition on use of spit hoods
Part 3—Amendment of Mental Health Act 2009
4	Insertion of section 48A
48A	Prohibition on use of spit hoods
Part 4—Amendment of Sheriff's Act 1978
5	Insertion of section 9J
9J	Prohibition on use of spit hoods
Part 5—Amendment of Summary Offences Act 1953
6	Insertion of section 82A
82A	Prohibition on use of spit hoods
Part 6—Amendment of Youth Justice Administration Act 2016
7	Insertion of section 33A
33A	Prohibition on use of spit hoods

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Statutes Amendment (Spit Hood Prohibition) Act 2021.
2—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Correctional Services Act 1982
3—Insertion of section 86AA
After section 86 insert:
86AA—Prohibition on use of spit hoods
	(1)	An officer or employee of the Department or a police officer employed in a correctional institution must not place a spit hood on the head of a person.
Maximum penalty: Imprisonment for 2 years.
	(2)	Subsection (1) applies despite any other provision of this Act or any other Act or law.
	(3)	In this section—
spit hood means a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person.

Part 3—Amendment of Mental Health Act 2009
4—Insertion of section 48A
After section 48 insert:
48A—Prohibition on use of spit hoods
	(1)	A person performing a function or exercising a power under this Act must not place a spit hood on the head of a person.
Maximum penalty: Imprisonment for 2 years.
	(2)	Subsection (1) applies despite any other provision of this Act or any other Act or law.
	(3)	In this section—
spit hood means a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person.

Part 4—Amendment of Sheriff's Act 1978
5—Insertion of section 9J
After section 9I insert:
9J—Prohibition on use of spit hoods
	(1)	A security officer must not place a spit hood on the head of a person.
Maximum penalty: Imprisonment for 2 years.
	(2)	Subsection (1) applies despite any other provision of this Act or any other Act or law.
	(3)	In this section—
spit hood means a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person.

Part 5—Amendment of Summary Offences Act 1953
6—Insertion of section 82A
After section 82 insert:
82A—Prohibition on use of spit hoods
	(1)	A police officer must not place a spit hood on the head of a person.
Maximum penalty: Imprisonment for 2 years.
	(2)	Subsection (1) applies despite any other provision of this Act or any other Act or law.
	(3)	In this section—
spit hood means a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person.

Part 6—Amendment of Youth Justice Administration Act 2016
7—Insertion of section 33A
After section 33 insert:
33A—Prohibition on use of spit hoods
	(1)	An employee of a training centre must not place a spit hood on the head of a person.
Maximum penalty: Imprisonment for 2 years.
	(2)	Subsection (1) applies despite any other provision of this Act or any other Act or law.
	(3)	In this section—
spit hood means a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person.