South Australia first to ban use of spit hoods: campaign led by family after Wayne 'Fella' Morrison's 2016 death

A protest against spit hoods outside the South Australian supreme court, part of the long campaign to have them banned.

South Australia became the first Australian state or territory to ban the use of spit hoods in 2021 – five years after the death of Wayne “Fella” Morrison.

Morrison, a 29-year-old Wiradjuri, Kokatha and Wirangu man, hadn’t been convicted of any crime and was being held on remand in 2016. Morrison, in custody on assault charges, was being taken in a prison van at Yatala Prison in Adelaide's north for a court appearance by video link. He became involved in a scuffle with prison guards and was restrained with handcuffs, ankle cuffs and a spit hood and put face down.

Morrison was lifted into the prison van but was blue and unresponsive when he was pulled out a few minutes later. Despite resuscitation attempts, he did not regain consciousness and died in the Royal Adelaide Hospital three days later.

In the five years since Morrison’s death, his mother Caroline Andersen and sibling Latoya Rule, fought to ban the use of spit hoods in South Australian prisons and police custody, as well as mental health and immigration detention centres. There was no closed circuit TV evidence from inside the van evidence from inside the vehicle. And the family waited for three years on the outcome of a coronial inquest into his death in custody.

Laws banning spit hoods – called Fella’s Bill – unanimously passed the South Australian parliament after being introduced by Connie Bonaros, a SA Best party member of the Legislative Council.  Morrison's family said it was grateful to see the ban after years of advocating on his behalf: "Wayne will be remembered as our son and brother who changed history for the betterment of all people … No person has been held accountable for Wayne's death as yet... Justice is yet to be seen."

Spit hoods were used in custody situations to prevent people from being bitten or spat on. But they were criticised for breaching human rights guidelines with opponents describing them as primitive, cruel and degrading.