The UN Subcommittee on the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) will be visiting Australia for 12 days from 16 Oct 2022 – 27 Oct 2022.
Our submission focuses on key issues regarding Australia’s patchy implementation of its obligations under the OPCAT, particularly in New South Wales, and makes recommendations to improve Australia’s compliance with OPCAT. NSWCCL also called on SPT to consider the following key issues of concern during the visit to Australia in October 2022:
(1) Mandatory indefinite detention of asylum seekers under Australia’s Asylum Seeker Policy; and
(2) The gross rates of over-incarceration of First Nations people in Australia.
Inadequate implementation of the OPCAT and Australia’s failure to appoint National Preventative Mechanism (NPM) representatives in all states and territories is a failure to the system. Without an NPM Coordinator, each state and territory cannot provide regular public reporting, observations and recommendations to address risks of ill treatment of people in places of detention. NSWCCL submits that a collaborative approach to government is necessary should there be legislative hurdles to the implementation of a completely independent NPM network.
Read our full submission here.