The Territory Labor Government has today passed legislation that allows inspectors unfettered access to places of detention across the NT.
The Monitoring Places of Detention (Optional Protocol to the Convention Against Torture – OPCAT) Amendment Bill 2022 also amends current oversight legislation to enable inspections at places such as mental health facilities.
Australia is party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Treaty), and OPCAT is a mechanism for dealing with compliance of the Treaty. Australia has been a signatory to OPCAT since 2017.
The Commonwealth Government has agreed to the implementation of OPCAT. Each jurisdiction is responsible for establishing its own inspection regime.
The legislation provides for a formal oversight agency known as the National Preventative Mechanism (NPM) and the appointment of NPM inspectors to examine and monitor places of detention with the aim of preventing torture and other cruel, inhuman, or degrading treatment.
In the Northern Territory, it is expected the Ombudsman will monitor police watch houses, correctional facilities and court watch houses.
The Children’s Commissioner will be responsible for all places where children (under 18 years) are detained; and the Principle Community Visitors will be responsible for hospitals, mental health, disability, and aged care facilities.
Agencies, which have the power to investigate allegations of torture, will have unrestricted access to these places and will not need to notify before their arrival.
The NT Government is working with the Commonwealth Government to secure a funding commitment to assist with the implementation of the NPMs.
Quotes attributable to Attorney General and Minister for Justice Chansey Paech:
“The Territory Labor Government has prioritised the implementation OPCAT and this legislation makes it possible for the NT to meet its obligations.
“In addition to a general NPM for places of adult places of detention, we have opted for a legislative model that facilitates specialist NPMs for youth, mental health and disability places of detention.
“I welcome this legislation as part of our journey to ensure we are making the most of the preventative role OPCAT envisages to improve the treatment and conditions of people in detention in the Northern Territory.”
