Latest Cth Govt responses to @lidia__thorpe’s questions on #OPCAT.

1/ Cth Govt states it’s not necessary to incorporate provisions of OPCAT into federal legislation & it’s a matter for States/Territories whether they will legislate for OPCAT.

2/ Best practice OPCAT implementation includes legislation that makes clear the detention oversight bodies’ (NPMs’) powers, privileges & immunities. This is crucial to achieving the objective of OPCAT - prevention of torture and ill-treatment of detained people.

3/ No further info was provided on potential Cth funding for States/Territories to establish and operate NPMs.

NPMs must be sufficiently resourced to effectively exercise their mandates under OPCAT - whether funding is from State/Territory or Cth govts (or both).

4/ Cth Govt referred to its previous response: ‘primary’ places of detention should include police lock-up/cells where people are held for equal to, or greater than, 24hrs.

This is concerning - studies have shown the greatest risk of torture is in police custody, not prisons.

5/ Also, as the @AusHumanRights 2020 report on OPCAT implementation in Australia rightly pointed out, “there is no temporal limitation on the concept of detention in OPCAT.”

6/ In responding to what culturally safe implementation of OPCAT for Aboriginal and Torres Strait Islander people might look like, the Cth Govt referred to the important recommendations in the @AusHumanRights report. This is a starting point, but further consultation is needed w/

7/ the Aboriginal community and Aboriginal Community Controlled Organisations on designation & operations of NPMs. See https://www.churchilltrust.com.au/fellow/andreea-lachsz-nt-2018/

8/ Govt confirmed @CwealthOmb is identifying and recruiting an Aboriginal or Torres Strait Islander representative to its OPCAT Advisory Group. This is essential, esp bc of the gross overrepresentation of Aboriginal people in the criminal legal and child protection systems.

@NATSILS_ @Roxy_Moore_ @Change_Record @SophieTrevitt

@monique_hurley