Responsibility: Australian Government
Response: Accept in principle
Status: In progress
What has been achieved to date
The Commonwealth Ombudsman is considering how best to advance this work within existing resources and continues to review its engagement with civil society as a National Preventative Mechanism (NPM). The Commonwealth Ombudsman continues to hold meetings of his OPCAT Advisory Group, which includes disability expertise, while acknowledging this is only one mechanism for engagement.
What the Disability Royal Commission said in the final report
The Commonwealth Ombudsman should:
a) ensure the OPCAT Advisory Group includes people with disability
b) lead work with the National Preventive Mechanism Network to:
- develop a consistent methodology for determining National Preventive Mechanism inspection priorities
- implement a coordinated approach to prioritising inspections of places of detention that pose a high risk to people with disability, focusing on particular practices affecting people with disability across detention settings
- develop and adopt common disability inspection standards for use in all jurisdictions
- commit to nationally consistent collection and reporting of data about monitoring places of detention.
Australian Government Response July 2024
The Australian Government is committed to the full implementation of Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) and ensuring National Preventive Mechanisms have the capability to discharge their functions.
The Commonwealth Ombudsman, as an independent statutory authority, has the function of National Preventive Mechanism Coordinator, to coordinate (but not direct) the Commonwealth, state and territory oversight bodies nominated by their governments as National Preventive Mechanisms. The Commonwealth Ombudsman established the civil society OPCAT Advisory Group to provide the Ombudsman with expert advice and guidance about the implementation of OPCAT.
The Commonwealth Ombudsman invites each of the members of the OPCAT Advisory Group for their respective experience and expertise. The OPCAT Advisory Group includes representation from people with expertise in disability. The Commonwealth Ombudsman is actively considering whether additional mechanisms are required to effectively engage with civil society in its role as National Preventive Mechanism.
More recommendations
View progress on other recommendations made by the Royal Commission.