South Australia has become the first state or territory to ban the use of spit hoods, five years after the death of Wayne 'Fella' Morrison.
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Mr 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 prison guards.
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 passed through the House of Assembly on Thursday, two months after it was approved by the upper house.
The bill was introduced into state parliament by SA-BEST MP Connie Bonaros and received cross-party support.
In a statement, Mr Morrison's family said it was grateful to see the ban implemented 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 - what a legacy he leaves," the family said.
"This ban on spit hoods speaks to the preventability of deaths in custody; the preventability of Wayne's death. We have hope that this ban will raise questions that pertain to justice for Wayne in the coronial court.
"No person has been held accountable for Wayne's death as yet... Justice is yet to be seen."
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.
Mr Morrison's family is awaiting the outcome of an inquest into his death.
His sibling Latoya Rule urged other states and territories to follow the lead of SA's parliament.
"A national ban on spit hoods will secure the importance of the right against torture, the right to life and safety, and the right to freedom for all people across Australia," they said.
"Thank you to everyone who tirelessly pushed justice forward these past five years. I miss my brother more than ever. I know he would be proud of us all."
Australian Associated Press
