Responsibility: Australian Government
Response: Accept in principle
Status: Further work required
What has been achieved to date
The Australian Government continues to work with states and territories on OPCAT implementation, noting the enactment of relevant state and territory legislation is a matter for state and territory governments.
At the Commonwealth level, the Commonwealth Ombudsman performs its functions as the Commonwealth National Preventative Mechanism (NPM) and Australia’s NPM Coordinator under Part 4 of the Ombudsman Regulations 2017, and undertakes a range of activities to support collaboration among Australia’s NPMs.
What the Disability Royal Commission said in the final report
The Australian Government should revisit the Australian Human Rights Commission’s recommendation and introduce legislation enshrining the key provisions of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) and facilitate the national coordination of Australia’s OPCAT response.
Australian Government Response July 2024
The Australian Government is committed to working with states and territories towards full implementation of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), and is supportive of reviewing legislative provisions to ensure the consistent implementation of OPCAT across Australia. The Attorney-General’s Department will continue to facilitate the national coordination of OPCAT implementation in Australia, including working with states and territories to ensure that all parts of the Australian National Preventative Mechanisms have appropriate legislative authority and clarity to fulfil their mandate.
In 2019, the Australian Government legislated for the Office of the Commonwealth Ombudsman to be Australia’s National Preventive Mechanism coordinator. In this role, the Office coordinates Australia’s National Preventive Mechanism network, comprising the Commonwealth, state and territory oversight bodies nominated by their governments as National Preventive Mechanisms.
More recommendations
View progress on other recommendations made by the Royal Commission.