Australia

Status

Australia ratified the the OPCAT in December 2017, with a declaration under Article 24 of the treaty to postpone the designation of its National Preventive Mechanism for three years (Part IV of the OPCAT).

When Australia ratified the OPCAT it also announced that the Commonwealth Ombudsman would act as NPM Coordinator, with responsibility for coordinating a multiple body NPM across the states and territories. The Commonwealth Ombudsman began work in this role on the 1st of July 2018, following amendments to its regulations which came into effect on the 10th of April 2019. Since beginning this new mandate, the Ombudsman has published a report on places of detention and existing oversight bodies. This report is available here.

In addition to its coordination role, the Commonwealth Ombudsman is also responsible for monitoring commonwealth places of detention, which include: immigration detention facilities, military detention facilities and Australian Federal Police holding facilities.

6 of the 9 Australian jurisdictions have formally nominated NPMs.

The Commonwealth

Amendments to the Ombudsman Regulations 2017 enable the Office to perform functions as both Commonwealth NPM and NPM Coordinator under the Ombudsman Act 1976. The Commonwealth does not have overarching legislation which reflects Australia’s NPM model, or that provides at the national level for SPT visits.

Tasmania

Tasmania passed the OPCAT Implementation Act 2021 to facilitate the nomination and activities of an NPM, and that Act commenced on 20 January 2022. On 28 February 2022 the Governor of Tasmania appointed Mr Richard Connock as Tasmanian National Preventive Mechanism. 

South Australia

South Australia’s Correctional Services (Accountability and Other Measures) Amendment Bill (2020) established the Official Visitors for adult prisons and nominated them as NPM. The OPCAT Implementation Bill (2021) was introduced with the aim of expanding the nomination to the the Principal Community Visitor (for closed mental health and closed forensic disability facilities), and the Training Centre Visitor (for training centres) but this bill lapsed and has not since been reintroduced. 

Northern Territory

The NT passed the Monitoring Places of Detention (Optional Protocol to the Convention Against Torture) Amendment Bill 2022, designating the NT Ombudsman (coordinator), NT Community Visitor Program and NT Childrens Commissioner as NPMs in the Territory. The Bill has not yet come into effect as of April 2024. 

Australian Capital Territory

The ACT Government has nominated a multi-body NPM consisting of the ACT Ombudsman, ACT Human Rights Commission and ACT Office of the Inspector of Correctional Services. The ACT Government has committed to amend the Monitoring Places of Detention (Optional Protocol to the Convention against Torture) Act 2018 (ACT) to clearly set out the powers, privileges and immunities of the Australian Capital Territory NPM in accordance with the OPCAT. 

Western Australia

While WA has not introduced dedicated NPM legislation, in July 2019 WA nominated its NPMs as the WA Ombudsman (for mental health and other secure facilities), and the Office of the Inspector for Custodial Services (for justice-related facilities, including police lock-ups).

Queensland

Queensland has passed the Inspector of Detention Services Act 2022 (Qld) which establishes the Inspector of Detention Services although it has not yet been formally nominated as NPM.

The remaining two jurisdictions, New South Wales and Victoria, are yet to nominate their NPMs.

The SPT member who is the SPT Focal Point for Australia is available here.