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Recommendation 26

Expedite the ratification process of OP-CAT in order to allow for the early establishment of a National Preventive Mechanism

Recommending State Hungary
Issue • International treaty action
• Conditions in detention
• Violence, abuse and mistreatment
• Criminal justice
• Immigration detention
• Domestic legal, institutional and policy frameworks
Population Group -
Australian Government Agency and/or Jurisdiction • Attorney-General's Department
• Department of Foreign Affairs and Trade
• States and territories
Australia's Response
(February 2016)
Notes (will further consider)
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.