2 Legal and institutional framework Relevant provisions of the CAT: Article 2(1) 2.1 Legislative and institutional rights protections 5. The Commission welcomes the ratification of OPCAT by Australia in December 2017. Australia’s progress with respect to OPCAT implementation is addressed below. 6. Australia has legislated to criminalise torture in the Criminal Code Act 1995 (Cth),4 which includes reference to the CAT and the definition of torture.5 Despite this, Australia lacks a comprehensive legislative framework implementing its human rights obligations at the federal level. There are limited avenues to seek review of government decisions or to obtain redress for human rights violations. 2.2 National Human Rights Institution 7. The Commission has a statutory power to promote and protect human rights under the Australian Human Rights Commission Act 1986 (Cth) Act (AHRC Act). Human rights are defined as the international instruments scheduled to or declared under the AHRC Act. The Commission’s legislation does not include the CAT within the definition of ‘human rights’. 8. The International Covenant on Civil and Political Rights (ICCPR),6 and the Convention on the Rights of the Child (CRC),7 are included in the definition of human rights under the AHRC Act. The Commission can therefore investigate allegations of torture, cruel, inhuman and degrading treatment through the ICCPR and the CRC. If the Commission considers the ‘act or practice’ to be a breach of a human right, it reports to the Attorney-General. However, there is no recourse to courts for individuals making complaints to the Commission under these instruments.8 9. The definition of human rights in the AHRC Act is narrower than the range of rights that guide the Joint Parliamentary Committee on Human Rights. The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) defines human rights as the seven instruments to which Australia is a party, including the CAT. 10. The Commission needs the necessary tools and resources to protect and promote human rights in line with the Paris Principles. In 2022, the Commission’s re-accreditation as an A-status institution was deferred by the Global Alliance of National Human Rights Institutions’ Subcommittee on Accreditation, and will be reconsidered in October 2023. 4