The Committee Against Torture released its Concluding Observations following consideration of Australia’s sixth periodic report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Ombudsman appeared in a private hearing alongside Australian Human Rights Commissioner, Ms Lorraine Finlay, during the Committee’s 75th session. More about this appearance can be found here.

While welcoming Australia’s ratification of the Optional Protocol to the Convention against Torture (OPCAT) on 21 December 2017, the Committee expressed its regret and serious concerns that Australia has not yet fully established an independent, effective, and well-resourced National Preventive Mechanism (NPM) in all jurisdictions and in accordance with the conditions set out in Article 18 of OPCAT.

The Committee is also concerned by the general lack of funding for NPMs already established across Australia and how this will affect their functional and operational independence, as well as the Federal Government’s adoption of a ‘primary vs secondary approach’ to places of detention, which leaves several places outside the scope and mandate of the NPM Network.

Considering these concerns, the Committee recommended Australia “take all necessary measures to promptly establish its NPM network in all Australian jurisdictions, ensuring each body has the necessary resources and functional and operational mandate to fulfil its preventive mandate”.

Additionally, the Committee recommended Australia “intensify efforts to build the Commonwealth Ombudsman’s capacities in coordinating the NPM network to ensure the effective and independent monitoring of all places of detention across all states and territories”.

While recognising that more work is needed before Australia fully complies with its obligations under OPCAT, Mr Anderson expressed his commendation for the “ongoing hard work of all appointed NPMs at their different stages of OPCAT readiness and with their different organisational profiles.”

No single approach to OPCAT implementation has been adopted across countries, and approaches vary in the manner and frequency of visits. However, the inability to achieve perfection from the start should not be an excuse for inaction.

“While most NPMs have been appointed only since the beginning of 2022, they have displayed a clear enthusiasm toward the OPCAT mandate and its potential to support the torture prevention objectives of the Convention,” Mr Anderson said.

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      29 November 2022 - Committee against Torture - Concluding Observations

      The Committee Against Torture released its Concluding Observations following consideration of Australia’s sixth periodic report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

      The Ombudsman appeared in a private hearing alongside Australian Human Rights Commissioner, Ms Lorraine Finlay, during the Committee’s 75th session. More about this appearance can be found here.

      While welcoming Australia’s ratification of the Optional Protocol to the Convention against Torture (OPCAT) on 21 December 2017, the Committee expressed its regret and serious concerns that Australia has not yet fully established an independent, effective, and well-resourced National Preventive Mechanism (NPM) in all jurisdictions and in accordance with the conditions set out in Article 18 of OPCAT.

      The Committee is also concerned by the general lack of funding for NPMs already established across Australia and how this will affect their functional and operational independence, as well as the Federal Government’s adoption of a ‘primary vs secondary approach’ to places of detention, which leaves several places outside the scope and mandate of the NPM Network.

      Considering these concerns, the Committee recommended Australia “take all necessary measures to promptly establish its NPM network in all Australian jurisdictions, ensuring each body has the necessary resources and functional and operational mandate to fulfil its preventive mandate”.

      Additionally, the Committee recommended Australia “intensify efforts to build the Commonwealth Ombudsman’s capacities in coordinating the NPM network to ensure the effective and independent monitoring of all places of detention across all states and territories”.

      While recognising that more work is needed before Australia fully complies with its obligations under OPCAT, Mr Anderson expressed his commendation for the “ongoing hard work of all appointed NPMs at their different stages of OPCAT readiness and with their different organisational profiles.”

      No single approach to OPCAT implementation has been adopted across countries, and approaches vary in the manner and frequency of visits. However, the inability to achieve perfection from the start should not be an excuse for inaction.

      “While most NPMs have been appointed only since the beginning of 2022, they have displayed a clear enthusiasm toward the OPCAT mandate and its potential to support the torture prevention objectives of the Convention,” Mr Anderson said.