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.
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