Recommendation 11.11 – Disability inclusive approach to implementing OPCAT

What has been achieved to date

National Preventive Mechanisms within Australia continue to consider ways to improve their approaches to being disability inclusive within resourcing available. 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

National Preventive Mechanism (NPM) bodies in all Australian jurisdictions should implement their functions in a disability-inclusive way by:

• enabling people with disability in places of detention to share information and experiences with the NPM using a variety of communication forms
• ensuring staff participate in ongoing education and training about the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, human rights and issues affecting people with disability in places of detention
• ensuring staff conducting NPM inspections have the skills and experience to provide reasonable adjustments, communication supports and supported decision-making to people with disability when required
• involving people with disability in the inspection of places of detention
• collecting and publishing data about people with disability in places of detention, aligned with disability inspection standards.

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 will continue to work together collaboratively to ensure National Preventive Mechanisms are appropriately supported and funded to implement their functions in a disability-inclusive way.

National Preventive Mechanisms have been nominated in the Commonwealth, the Australian Capital Territory, Northern Territory, South Australia, Tasmania and Western Australia. The Tasmanian National Preventive Mechanisms 2024 the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) symposium, open to all people including nominated National Preventive Mechanisms, comprehensively considered a disability inclusive approach to implementing OPCAT.

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.