Appendix: List of Recommendations Legal and institutional framework Recommendation 1: The Australian Government amend the AHRC Act to ensure that the Commission is guided by a comprehensive definition of human rights, including through CAT being a scheduled instrument. Recommendation 2: The Australian Government take steps to ensure that the Commission is fully compliant with the Paris Principles, including through amending the AHRC Act, and ensuring adequate resourcing of the Commission’s functions. Recommendation 3: Government train public servants to ensure that Statements of Compatibility are of a consistently high standard; and ensure the proper consideration of PJCHR views by Parliamentarians in the enactment of legislation. Implementation of OPCAT Recommendation 4: Governments ensure full OPCAT compliance no later than the 20 January 2023 extended deadline by designating NPMs, and ensuring the mandates and resourcing of NPMs is sufficient to allow them to effectively fulfil their OPCAT functions. Recommendation 5: Governments adopt an inclusive approach to the interpretation of ‘places of detention’, ensuring that both ‘primary’ and ‘secondary’ places of detention are included within the scope of all NPMs. Recommendation 6: Governments give particular attention to ensuring NPMs are designed and operate in a way that reflects the particular needs, and is inclusive of, vulnerable cohorts who are disproportionately represented in places of detention, including (but not limited to) First Nations people, children and young people and people with disability. Immigration detention and asylum seekers Recommendation 7: The Australian Government ensures that Its border security operations, treatment of refugees and asylum seekers, and offshore processing arrangements comply with international human rights obligations, including non-refoulement obligations. 40

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