Legislation to ban the use of spit hoods in South Australia has passed the state's upper house, five years after the death of a man during an altercation with prison guards.
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Wayne "Fella" Morrison died in 2016 after being restrained with handcuffs, ankle cuffs and a spit hood and put facedown in a prison van at Yatala Prison in Adelaide's north.
An inquest into his death heard he was in custody on assault charges and was being taken for a court appearance by video link when he became involved in a scuffle with officers.
The 29-year-old 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 hospital several days later.
Mr Morrison's family has called for a royal commission into his death but have also campaigned for a permanent ban on the use of spit hoods.
Legislation to impose such a ban was introduced into state parliament by SA-BEST MP Connie Bonaros and was passed unanimously by the upper house on Wednesday night.
It must now go before the lower house to become law, but that is expected to be a formality with both the Liberal government and the Labor opposition in support.
Following the vote, Mr Morrison's mother Caroline Anderson said the family's hard work had finally come to fruition.
"At least I know no one else is going to suffer from wearing this inhumane torture device like Wayne did," she said.
"I hope from here that other states and territories will pick this up with us and collectively implement our calls for a national ban.
"The last time I heard Wayne's voice was a week before his image became synonymous with these barbaric devices.
"I welcome this step toward accountability."
Ms Bonaros said the ban was long overdue.
"There is absolutely no place in our society for the use of spit hoods regardless of the environment, whether it be in prison, a police cell, mental health facility or a hospital ward," she said.
"Their use is barbaric and draconian and has led to the deaths of people around the world including in Australia, the United States and the United Kingdom."
Spit hoods have been used in custody situations to prevent people from being bitten or spat on.
But they have also been criticised for breaching human rights guidelines with opponents describing them as primitive, cruel and degrading.
The inquest into Mr Morrison's death is set to resume for final submissions next week.
Australian Associated Press
