OPCAT
Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)
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 Custodial 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.
Publications
August 2025: Australian NPM Joint Statement - Rushed youth justice reforms won't make the NT safer
May 2025: ACT National Preventive Mechanism visit to Bimberi Youth Justice Centre
May 2024: NPM Joint Statement - 2024-25 Federal Budget
September 2023: NPM Network Joint Statement - Queensland Law Change and Youth Justice
May 2023: Members of the National Preventive Mechanism - Joint Statement on Federal Budget
October 2022: National Preventive Mechanism - Joint Statement (PDF)
ACT NPM Submissions
Joint Australian NPM Submissions
September 2025: Australian NPM Submission - Written contribution to List of Issues Prior to Reporting Seventh periodic report of Australia under the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
June 2025: ACT NPM Submission to the Review of Decisions Making Criteria in the Bail Act 1992
May 2025: Australian NPM written contribution to LOIPR ICCPR seventh periodic review
January 2025: ACT NPM joint submission to the ACT Government on Electronic Monitoring in the ACT
March 2023: Australian NPM Submission to UN Special Rapporteur - Call for Input on Deaths in Custody
Raise the Age of Criminal Responsibility
OICS Submissions
June 2024: OICS submission to the Inquiry into the Administration of Bail in the ACT
OICS submission to the Commonwealth Government's COVID-19 Response Inquiry
External Websites
Commonwealth Ombudsman - Monitoring Places of Detention - OPCAT
Committee Against Torture (CAT)
Subcommittee on Prevention of Torture (SPT)
Association for the Prevention of Torture (APT)
ACT NPM Legislation and Guidelines
ACT National Preventive Mechanism Standard Operating Procedures