Recommendation 6

United Nations human rights recommendations database

Initiate the accession procedure to OP-CAT

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State

Serbia

Issue
Conditions in detention
Criminal justice
Immigration detention
International human rights treaty action
Violence, abuse and mistreatment
Population group
N/A
Australian Government Agency and/or Jurisdiction

• Attorney-General's Department
• Department of Foreign Affairs and Trade
• States and territories

Australia's Response
Accepts
Australia's Position

On 21 December 2017, the Australian Government ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Upon ratification, Australia made a declaration under Article 24 of OPCAT to postpone National Preventive Mechanism (NPM) obligations for three years.

The Commonwealth will use the three years to work with states and territories on the implementation of OPCAT including the establishment of Australia's NPM.

It is proposed that Australia's NPM will be established as a cooperative network of Commonwealth, state and territory bodies responsible for inspecting places of detention and will be facilitated by an NPM Coordinator.

On 1 July 2018, the Office of the Commonwealth Ombudsman commenced as Australia's NPM Coordinator and as the NPM body for Commonwealth places of detention.