Responsibility: State and territory governments
Response:
NSW, QLD, VIC: Subject to further consideration
ACT, SA, TAS, WA, NT: Note
This recommendation was directed to the New South Wales, Queensland and Victorian governments.
New South Wales
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
NSW remains supportive of cooperatively and progressively working towards full implementation of OPCAT.
Further NSW Government consideration of OPCAT recommendations is dependent on the resolution of sufficient and ongoing funding from the Commonwealth and the resolution of implementation issues.
NSW government response July 2024
At this stage, most jurisdictions have not fully implemented OPCAT in accordance with the Commonwealth’s proposal to establish Federal and State based National Preventive Mechanisms to visit and report on primary places of detention.
The Commonwealth’s proposal for National Preventive Mechanisms to visit and report on primary places of detention does not cover all places where people with disability may be deprived of their liberty for the purposes of OPCAT, such as disability group homes.
NSW supports OPCAT in principle subject to the resolution of funding and implementation considerations being resolved. No action is being taken to implement NPMs in NSW pending resolution of these issues.
States and Territories are committed to continuing to work together towards full implementation of OPCAT obligations. Implementation of OPCAT sits under the Standing Council of Attorneys-General. NSW is engaging constructively in this process.
Accordingly this recommendation should be considered after the resolution of funding and implementation considerations and once the NSW Government has decided whether to implement an NSW National Preventive Mechanism.
Queensland
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
Further consideration in cooperation with the Australian Government, States and Territories is ongoing, noting scope and funding remain outstanding issues to resolve with the Australian Government.
QLD government response
The Queensland Government remains committed to implementing the recommendations of the Disability Royal Commission. The Queensland Government has updated its responses to a range of Disability Royal Commission recommendations to reflect contemporary Queensland Government policy and commitments.
2025 response
Queensland will continue to work collaboratively with the Australian Government, States and Territories towards compliance with 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.
Victoria
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
Similar to recommendation 11.8, and as stated in the Victorian Government response, Victoria is seeking a commitment from the Commonwealth to provide sufficient and ongoing funding to establish a National Preventive Mechanism (NPM) in Victoria. Implementation of this recommendation is contingent on the outcome of funding negotiations with the Commonwealth.
VIC government response July 2024
We will consider this recommendation further.
We are seeking a commitment from the Commonwealth to provide sufficient and ongoing funding to establish a National Preventive Mechanism in Victoria. Implementing this recommendation will depend on the outcome of funding negotiations with the Commonwealth.
It will also depend on the resolution of implementation issues. These include the Commonwealth leading work in consultation with states and territories to agree to the definition and scope of places of detention.
What the Disability Royal Commission said in the final report
The governments of New South Wales, Victoria and Queensland should designate National Preventive Mechanism bodies in their jurisdictions.
More recommendations
View progress on other recommendations made by the Royal Commission.