Responsibility: Australian, state and territory governments
Joint response: Commonwealth, ACT, NT, TAS: Accept in principle
NSW, QLD, SA, VIC, WA: Subject to further consideration
Status: Further work required
What has been achieved to date
The Commonwealth Ombudsman, as Australia’s National Preventive Mechanism (NMP) Coordinator, convenes meetings of members of the Australian NPM. These meetings, currently held three times a year, continue to provide an opportunity for members to identify training needs, as well as explore some training opportunities on different aspects of human rights monitoring. The next Australian NPM meeting is scheduled for mid-2025. All governments continue to cooperatively and progressively work towards OPCAT implementation, including to resolve ongoing funding arrangements.
What the Disability Royal Commission said in the final report
In implementing the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Australian Government, in consultation with the state and territory governments, should support the development of a human rights education and training strategy that includes disability awareness training for National Preventive Mechanisms (NPMs), detention authorities and their staff. NPMs should:
- engage with disability organisations about the needs of people with disability in places of detention
- obtain training and education for their staff on the types of disability and needs of people with disability in places of detention, including the impact of intersectional disadvantage
- obtain the views of people with disability in places of detention by directly engaging with them about their experiences in places of detention
- have effective mechanisms for obtaining the views of people with disability in places of detention.
Joint Government response July 2024
The following response is provided by the Commonwealth, ACT, NT, SA, TAS and WA:
The Australian Government and state and territory governments are committed to continuing to consider and progress reform to better protect the human rights of people with disability in places of detention.
All governments continue to cooperatively and progressively work towards implementation of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), including resolving ongoing funding arrangements.
The following response is provided by NSW, QLD and VIC:
All governments continue to cooperatively and progressively work towards implementation of OPCAT, subject to the resolution of sufficient and ongoing funding from the Commonwealth and the resolution of implementation issues, including the Commonwealth leading work in consultation with states and territories to reach agreement on the definition and scope of places of detention.
More recommendations
View progress on other recommendations made by the Royal Commission.