Responsibility: State and territory governments
Response:
ACT, TAS: Accept
WA, NT: Accept in principle
NSW, QLD, SA, VIC: Subject to further consideration
Australian Capital Territory
Response: Accept
Status: In progress
What has been achieved to date
The ACT Government has passed the Monitoring Places of Detention Legislation Amendment Act 2024 (ACT) to implement the legislative requirements for Part IV of the Optional Protocol to the Convention Against Torture (OPCAT)to provide for the establishment, functions and powers of the ACT National Preventive Mechanisms (NPM).
ACT government response July 2024
As a human rights jurisdiction, the ACT Government has consistently supported implementation of the Optional Protocol to the Convention Against Torture (OPCAT). In August 2017, the ACT introduced the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill (ACT) in anticipation of Australia’s ratification of OPCAT. The Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018 (ACT) currently makes provision for visits by the Subcommittee on Torture.
The ACT Government has committed to introducing legislation to implement the legislative requirements for Part IV of the OPCAT to provide for the establishment, functions, and powers of the ACT National Preventive Mechanisms (NPM).
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
States and Territories are committed to continuing to work together towards full implementation of obligations under the Optional Protocol to the Convention Against Torture (OPCAT).
NSW supports OPCAT in principle, subject to funding and implementation considerations being resolved.
This recommendation should be considered after the resolution of these funding and implementation considerations.
Northern Territory
Response: Accept in principle
Status: In progress
What has been achieved to date
The Northern Territory has passed legislation establishing National Preventive Mechanism functions and facilitating inspections. The Monitoring of Places of Detention (Optional Protocol to The Convention Against Torture) Act 2018 allows for UN SPT inspections.
The Monitoring of Places of Detention (Optional Protocol to The Convention Against Torture) Amendment Act 2022 establishes National Preventive Mechanism functions but is yet to commence as is the case with most other jurisdictions noting resource discussions with the Commonwealth.
NT government response July 2024
The Northern Territory has legislation supporting this recommendation. The Monitoring of Places of Detention (Optional Protocol To The Convention Against Torture) Act 2018 (OPCAT Act 2018) provides for the sub-committee, and the OPCAT Amendment Act 2022 is awaiting funding arrangements from the Commonwealth prior to commencement. The Northern Territory Anti-Discrimination Commission manages the Community Visitor Program which inspects facilities, documents and records, in the course of their duties, to ensure the best interests of the person receiving treatment. The Principal Community Visitor is required to ensure that seclusion and restraint registers held are inspected at least once every 6 months. The program is limited by legislation and resourcing in terms of inspection of places where persons liberty is deprived. For example, the Community Visitor Program only visit NT Public Health Mental Health run facilities and agencies. There is a gap in independent visiting to the Private hospital or Residential Mental Health accommodation.
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 cooperatively and progressively 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.
South Australia
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The South Australian Government remains committed to considering this recommendation further and will provide a response in due course.
SA government response July 2024
The South Australian government recognises the importance of commitments under OPCAT. This recommendation is dependent on Recommendation 11.7 which calls for the Australian Government and state and territory governments to agree to resourcing a NPM. Ongoing discussions about implementation of a NPM with the Australian Government are occurring with jurisdictions.
Tasmania
Response: Accept
Status: Completed
What has been achieved to date
By introducing the OPCAT Implementation Act 2021 (Tas) Tasmania has the powers and functions of the Tasmanian National Preventive Mechanism (NPM). The inaugural Tasmanian NPM was appointed in February 2022.
The Tasmanian NPM has recently sought public feedback on the development of expectations on the treatment of people deprived of their liberty in health and social care service settings. These expectations are intended to apply to disability support, aged residential care and related service settings. Consultation closed at the end of March 2025.
TAS government response July 2024
The Tasmanian Government accepts this recommendation.
By introducing the OPCAT Implementation Act 2021 (Tas) the Tasmanian Government has established the powers and functions of the Tasmanian National Preventive Mechanism. This legislation enables visits by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to be undertaken.
Victoria
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
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.
Victoria enacted the Monitoring of Places of Detention by the United Nations Subcommittee on Prevention of Torture (OPCAT) Act 2022 to facilitate inspections by the United Nations Subcommittee on the Prevention of Torture.
Western Australia
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The Western Australian Government has nominated National Preventive Mechanisms and remains committed to meaningful engagement with the Commonwealth Government in relation to Optional Protocol to the Convention Against Torture.
However, full implementation of this recommendation is contingent on a commitment by the Commonwealth Government to provide sufficient and ongoing funding.
WA government response July 2024
The WA Government is giving further consideration to this recommendation due to a lack of ongoing resourcing being provided by the Australian Government for National Preventive Mechanism bodies.
What the Disability Royal Commission said in the final report
All state and territory governments should introduce legislation to establish the functions of their National Preventive Mechanism bodies and facilitate inspections by the United Nations Subcommittee on the Prevention of Torture.
More recommendations
View progress on other recommendations made by the Royal Commission.