During Estimates hearings on Friday 26 July 2024, I asked the Queensland Corrective Services Commissioner and the Minister for Fire and Disaster Recovery and Minister for Corrective Services about the continued use of spithoods in Queensland prisons.
You can read my question and their full responses below, or in the official Parliamentary record of proceedings (Hansard) here.
Mr BERKMAN: To start with, my pre-hearing question on notice was perhaps clumsily worded. The answer did not include a total figure for the number of times spit hoods were used in Queensland prisons in 2023-24. I am very conscious of time, I am wondering whether the question might be taken on notice to provide that total annual figure and a break down by facility for the complete year?
CHAIR: Member, ask the question. If the question cannot be answered, I am sure the minister can indicate whether she wants to take on notice.
Ms BOYD: By way of context, member, it may be helpful to let you know that the way the question was worded, the data was not was not captured because the figure was too small in its quantum.
Mr BERKMAN: I understand the reason for the exclusion. Perhaps in the interest of time, is there a single statewide figure—rather than broken down by facility—I could get?
Commissioner Stewart: The statewide figure in relation to spit hoods is 104.
Mr BERKMAN: Thank you. Commissioner, again in relation to spit hoods, which are now banned in youth prisons and police watch houses, you would be well aware of the death of Selesa Tafaifa in the Townsville prison in 2021 after being put in handcuffs and a spit hood and denied access to her puffer even after telling guards four times over she could not breathe. The coronial inquest heard evidence from Assistant Commissioner Joel Smith. I understand that the ‘hot debrief’ that was held where Ms Tafaifa’s death was discussed before police arrived was not appropriate. Has any disciplinary action been taken in respect of the hot debrief or processes changed to avoid happening that again?
Commissioner Stewart: I thank the member for the question. We obviously monitor coronial matters very closely. I do not believe that matter has been finalised yet and it is still before the Coroner’s Court, but we monitor the outcomes of any recommendations that are made by the Coroner, even in the absence of a recommendation. We make sure if there is something that we have not done the way that we should have, that we adjust our policies and practices to make sure we do.
Mr BERKMAN: Further on that inquest, I understand it heard evidence from the team leader who was involved in that incident that he did not here Ms Tafaifa say she could not breathe but the inquest also heard audio of this same officer responding to one of her requests. Commissioner, have you considered or taken any steps to investigate whether that team leader may have, in fact, purged himself before the inquest?
Commissioner Stewart: As the matter is before the Coroner’s Court at this point in time, we would need to hear from the Coroner in relation to that matter.
Mr BERKMAN: Understood. One final question that I will put to the minister. Minister, will the government now finally ban spit hoods in Queensland prisons as other jurisdictions have done due to the clear risk of misuse, asphyxiation and death?
Ms BOYD: I thank the member for the question. Spit hoods are used as a risk mitigation measure on prisoners who bite or spit, or threaten to bite or spit at officers. They are deployed during critical incidents and are always recorded and reviewed by local review panels to ensure they are used appropriately. To minimise the risk to our officers and the people in our custody, QCS conducted a review of safety hoods and of the process and policies in relation to individuals who bite or spit at officers, noting that the operating environment is different to that of police.
As part of the review, workshops were conducted at all high-security correctional centres and included custodial correctional officers, supervisors, managers, safety and compliance advisors and union delegates. Staff have genuine concerns regarding their safety when they engage with prisoners who bite or spit at officers. The transmission of bloodborne infections and viruses is a very real concern. Being bitten or spat on is repulsive but for staff to await the results from necessary medical tests can be a very traumatic experience. I am not aware of any practical alternative that provides staff with the same level of protection as a safety hood. I understand that QCS is continuing to evaluate alternatives to safety hoods.