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Introduction
Australian Human Rights Commission
Report title October 2022
1. This submission is made by the Australian Human Rights Commission
(Commission). The Commission is an ‘A status’ national human rights
institution, operating in conformity with the Paris Principles.1 This
submission is based on work that has been undertaken by the Commission
in accordance with our mandate and functions.
2. The Commission is a federal body that has oversight over federal issues.
However, it is important to note that the Federal Government has a
significant leadership role and specific responsibilities with respect to
ensuring human rights standards are met nationally. Therefore many of the
concerns raised in relation to states and territories are also pertinent to the
Federal Government and its duties.
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Priority areas
3. The matters addressed in this submission are all of importance to Australia’s
compliance with the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (CAT).2 However, the Commission
wishes to draw the Committee’s attention to four areas of critical
importance:
•
The length of time that people are held in immigration detention,
discussed in section 4.2 of this submission.
•
The need to ensure compliance with obligations under the Optional
Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT)3 by the
20 January 2023 extended deadline, discussed in section 3.
•
Non-fulfilment of the principle of non-refoulement, discussed in
section 4.1.
•
Cruel treatment of children and young people in youth justice
centres, discussed in section 5.2.
4. The Commission recommends that the Committee request an update from
the Australian Government on progress in the three priority areas in 12
months’ time.
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