3.2 Scope of places of detention 25. The Australian Government has opted for a ‘progressive realisation’ of OPCAT, whereby NPMs will prioritise activities in ‘primary’ places of detention, as opposed to all places where people may be deprived of their liberties. ‘Primary places of detention’ is defined by the Australian Government as including adult prisons, juvenile detention facilities, police lock-up or police station cells, closed facilities or units where people may be involuntarily detained by law for mental health assessment or treatment, closed forensic disability facilities or units where people may be involuntarily detained by law for care, immigration detention centres and military detention centres.28 26. Article 4 of OPCAT imposes obligations on Australia to allow NPMs to visit any place under its jurisdiction and control where persons are, or may be, deprived of their liberty. The UN Subcommittee on Prevention of Torture (SPT) considers that the preventive nature of OPCAT requires a broad interpretation of Article 4 to maximise the preventive impact of the work of NPMs in places of detention.29 27. The Commission considers that Australia should adopt an inclusive approach, consistent with Articles 1 and 4 of OPCAT, that includes both ‘primary’ and ‘secondary’ places of detention within the ambit of the functions of all NPMs. This will uphold OPCAT’s aim to strengthen protections for all persons deprived of their liberty. 3.3 Steps towards achieving best practice 28. The Commission supports the introduction of dedicated primary legislation that gives full effect to the key provisions of OPCAT. Legislation should provide powers of unfettered access to all places of detention by NPMs; provide a clear foundation for visits; ensure access to facilities and information; and secure the continued, long-term, and effective operation of OPCAT.30 29. The Commission considers all OPCAT reporting should adopt a human rights framework, which requires, at a base level, consideration of whether NPM activities and outcomes have resulted in better protection of human rights in places of detention. The Commission therefore recommends that NPMs report on the extent to which governments and relevant authorities are protecting detainee human rights; whether law, policy and procedures reflect best practice standards; and whether recommendations made by the NPMs are being implemented.31 8