ACT takes an important step towards preventing ill-treatment in detention

28 August 2024

The ACT National Preventive Mechanism (ACT NPM) welcomes the passage of legislation today, which brings the ACT significantly closer to compliance with the United Nations Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

The OPCAT is a United Nations Treaty that aims to prevent torture and ill-treatment in all places where people are, or may be, deprived of their liberty. While many oversight and accountability mechanisms for places of detention are reactive, what makes OPCAT unique is the objective to prevent the harm before it occurs. This is primarily achieved by establishing a system of regular visits undertaken by independent bodies to places of detention like prisons, youth detention centres, secure mental health units and police cells.

These preventive visits are to be carried out by a number of bodies designated by the Federal, State and Territory Governments, that are collectively known as the National Preventive Mechanism (NPM). The OPCAT requires that the NPM have minimum powers, privileges and immunities to conduct its work safely and effectively.

The ACT Legislative Assembly today made amendments to the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018 to ensure the ACT NPM is better able to achieve its role under OPCAT. We commend the ACT Government for taking steps to reflect the OPCAT provisions in ACT legislation.

In the ACT, the Office of the Inspector of Correctional Services, the Human Rights Commission and the ACT Ombudsman have been nominated to be the multi-body ACT NPM. We will be jointly responsible for visiting places of detention in the ACT, with the aim of strengthening protections against torture and ill-treatment.

OPCAT also provides for visits and engagement from an international body, the UN Subcommittee for the Prevention of Torture.

Quotes attributable to Rebecca Minty, ACT Inspector of Correctional Services

“The NPM commends the ACT Government for engaging with the NPM on these changes, which reflects our advice.”

Quotes attributable to Dr Penelope Mathew, President and Human Rights Commissioner, ACT Human Rights Commission

“This legislation brings the ACT into line with the requirements of OPCAT and is informed by guidance provided by the United Nations.”

Quotes attributable to Iain Anderson, ACT Ombudsman

“This legislation is a positive step. The next step should be the provision of additional resources so the NPM can perform its functions: sufficient funding is also a requirement of OPCAT.”

Media contacts: Sean Costello, Deputy ACT Inspector of Correctional Services, 0403 935 747

Christine Kearney, ACT Human Rights Commission Media, 0466 861 451

ACT Ombudsman, media@ombudsman.gov.au

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