Responsibility: Australian, state and territory governments
Joint Response: Accept in principle
Status: Further work required
What has been achieved to date
All governments continue to cooperatively and progressively work towards OPCAT implementation, including to resolve ongoing funding arrangements and achieve a shared understanding of scope.
As an example of recent progress relating to this recommendation, the Australian Capital Territory has passed the Monitoring of Places of Detention Amendment Act 2024 (ACT) to implement the legislative function for part IV of the OPCAT to provide for the establishment, functions and powers of the ACT National Preventive Mechanism. The Act has a wide definition of ‘places of detention’ that may include places where people with disability may be deprived of their liberty.
What the Disability Royal Commission said in the final report
The Australian Government and state and territory governments should:
c) agree to provide resources to enable National Preventive Mechanism bodies in all jurisdictions to fulfil the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’s core functions, including the ‘preventive package’
Enact legislation incorporating a broader definition of ‘places of detention’ to enable all places where people with disability may be deprived of their liberty to be monitored by National Preventive Mechanism bodies.
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 recognise the importance of ensuring National Preventive Mechanisms in all jurisdictions are enabled to fulfil their core functions with respect to all places of detention, and will continue to work to resolve funding arrangements.
National Preventive Mechanisms have been nominated in the Commonwealth, the Australian Capital Territory, Northern Territory, South Australia, Tasmania and Western Australia. Legislation in the Commonwealth, Tasmania and the Northern Territory already enable National Preventive Mechanisms access to places of detention covered by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), noting Northern Territory legislation has not yet commenced, and with legislation introduced in the ACT on 16 May 2024.
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.