The acting children's commissioner Nicole Hucks has called on the Northern Territory government to institute a legislative ban on the use of spit hoods.
The controversial device was outlawed in the territory's youth detention facilities five years ago following a Four Corners investigation.
But despite the ban in corrections, spit hoods were used in police watch houses in the NT until last year, before NT Police put in place an internal ban on their use.
Spit hoods were used to protect officers, despite human rights and health bodies saying they do not stop the spread of communicable diseases.
The Australian Human Rights Commission also warned the devices risked "significant injury or death" and urged various policing bodies across the country to use alternative strategies to mitigate risks of spitting.
Speaking on ABC Radio Darwin on Tuesday morning, Commissioner Hucks said while the devices were no longer used by authorities, the government was still yet to implement a formal ban on spit hoods through law.
"The use of spit hoods is quite harmful to anybody, it's quite harmful to vulnerable children. We know those children coming into contact with police here in the Northern Territory already have significant trauma histories," she said.
"A lot of them have significant health and disability impairments, so we really want to make sure it's concrete that the use of spit hoods is prohibited on those vulnerable children going forward."
Commissioner Hucks said her office was not aware of any use of spit hoods in the Northern Territory, since the self-imposed ban was put into place by police.
But she said a legislative ban would bring the NT into line with other jurisdictions across the country and was necessary to fulfil its obligations under international human rights laws.
Concerns operational bans risk being 'reversed'
When asked whether the government would consider passing laws to ban the devices in parliament, Police Minister Kate Worden said she was "very satisfied" with the current settings in the territory.
"We've already banned spit hoods in all our youth detention centres and we've already banned the use of spit hoods on young people in police watch houses," she said.
"We have already got that in place and that won't be changing."
Speaking to ABC Radio Darwin, Change the Record acting executive officer Maggie Munn said spit hoods have had fatal consequences in detention.
She said a ban on the use of spit hoods needed to be expanded to include against people of all ages, not just children, and enshrined in legislation.
"What we're seeing in practice across a number of states and territories is that there is an operational ban … but there are always extenuating circumstances in which they are employed, and those operational bans can also be reversed."
The Australian Human Rights Commission in April welcomed the decision for the Australian Federal Police to ban the use of spit hoods.
In the same statement, Australia's Children's Commissioner Anne Hollands said the use of spit hoods risked "devastating short and long term consequences" for children.
Police union opposes step
The acting children commissioner's comments came at the same time her office published a position paper on the issue, laying out its desire for "legislated prohibition" of the devices.
In response, the Northern Territory Police Association (NTPA) reiterated its long-time stance that it supported the use of spit hoods in situations where officers needed protection.
"We recognise the use of spit guards is a contentious issue, but the protection of our members should be a priority for government," NTPA president Nathan Finn said.
"The use of spit guards is rare and only considered when all other options have been exhausted when dealing with offenders who spit, or attempt to spit, or exhibit aggressive behaviour. Its use is subject to strict guidelines and operational policies and procedures."
Mr Finn said a procedural ban was "sufficient" but argued officers needed the device as an option in cases where they were deemed necessary.
