OPCAT

Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)

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The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) is a United Nations Treaty that aims to prevent torture and ill-treatment in all places where people are, or may be, deprived of their liberty. ‘Places of detention’ is broadly defined, and includes correctional facilities, youth detention facilities, police custody (cells and vehicles), court cells and closed mental health and disability facilities.

While many oversight and accountability mechanisms for places of detention are reactive, what makes OPCAT unique is the objective to prevent the harm before it occurs. This is achieved by establishing a system of regular visits undertaken by independent international and domestic bodies to places of detention. At the international level, Australia is required to permit and facilitate visits by an independent body of international experts - the United Nations Subcommittee on Prevention of Torture (SPT) - to all places of detention. At the domestic level, these preventive visits are to be carried out by a number of bodies designated by the Federal, State and Territory Governments, that are collectively known as the National Preventive Mechanism (NPM). The coordinator for the whole Australian NPM is the Commonwealth Ombudsman.

In December 2017, the Australian Government voluntarily signed up to OPCAT, initially postponing meeting its obligations under OPCAT by 3 years, and then securing a further one year extension from the United Nations Committee Against Torture. The deadline for an operational Australian NPM is 20 January 2023.

In the ACT, the Office of the Inspector of Correctional Services (OICS), the Human Rights Commission and the ACT Ombudsman have been nominated to be the multi-body NPM. We will be jointly responsible for visiting places of detention in the ACT, with the aim of strengthening protections against torture and ill-treatment. Under OPCAT, we should have unfettered access to all places of detention and detained people, be able to make recommendations regarding treatment and conditions in detention, and be able to submit proposals on legislation.