The ACT is taking a decisive stand against torture and ill-treatment in detention, reaffirming its status as a leading jurisdiction in human rights protection.
Today the ACT Government passed the Monitoring of Places of Detention Legislation Amendment Bill 2024, which establishes a robust framework for independent oversight of places of detention.
Attorney-General Shane Rattenbury said the new legislation would ensure the safety and dignity of individuals held in facilities including prisons, youth justice centres and involuntary mental health facilities.
“This landmark legislation demonstrates our commitment to upholding the highest standards of human rights protections. We are fully implementing our international obligations under the Optional Protocol to the Convention Against Torture (OPCAT),” said the Attorney-General.
The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) is an international agreement aimed at preventing torture and cruel, inhuman or degrading treatment or punishment. Under the agreement, State Parties agree to establish an independent ³Ô¹ÏÍøÕ¾ Preventive Mechanism (NPM) to conduct inspections of all places of detention and closed environments.
Key features of the new law relating to the NPM include:
- Clear mandate and powers for the NPM to conduct independent visits and monitor all places of detention.
- Access to information and the ability to conduct private interviews with detainees.
- Protections against reprisals for those who cooperate with the NPM.
- Strict confidentiality provisions to protect sensitive information.
- The ability for the NPM to make reports and recommendations to relevant authorities with a view to strengthening human rights protections in places of detention.
“This legislation is a testament to our ongoing commitment to human rights and the dignity of all individuals,” added Attorney-General Rattenbury.
“We will continue to work collaboratively with the NPM and other stakeholders to ensure the effective implementation of these vital reforms.”
The legislation also includes amendments to the Inspector of Correctional Services Act 2017 (ICS Act) that improve the operation of the ICS Act into the future, and better support the Inspector to do their work. These amendments implement 8 of the 13 recommendations from the statutory review of the ICS Act tabled in the Legislative Assembly on 16 May 2024.
