Australian Human Rights Commission
Report title October 2022
vaccination rates and limited access to testing, despite prisons being
particularly susceptible to COVID-19 outbreaks.141
106. The Commission also notes that there were severe public health
restrictions in the criminal justice system, including at times where the
general population had regained most of its freedoms. It is unclear whether
this was necessary or proportionate. For instance, in Victoria, as of March
2021, anyone entering the justice system had to complete a 14-day
quarantine in complete isolation.142
107. The expanding use of post-sentence preventive detention regimes in
Australia is also of concern to the Commission. Such laws have previously
been primarily focused on narrow categories of offending, specifically
terrorist offenders143 and high-risk sexual offenders.144 The reach of these
laws has gradually expanded in a number of jurisdictions to encompass a
broader range of offending behaviour.145 One example is in Western
Australia where reforms introduced in 2020 allow for a ‘continuing detention
order‘ to be made with respect to ‘high-risk serious offenders’, which is
defined to potentially encompass individuals convicted of a broad range of
criminal offences, including robbery, grievous bodily harm, and criminal
damage by fire.146 This expanded use of post-sentence preventive detention
regimes raises serious concerns about indefinite and arbitrary detention,
and disproportionately impacts First Nations peoples.
Recommendation 23: Governments take steps to reduce the number of
people on remand, including by amending overly harsh bail laws.
Recommendation 24: Governments review the use of post-sentence
preventive detention regimes throughout Australia to ensure compliance
with international human rights obligations.
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Violence against women and children
Relevant provisions of the CAT: Articles 2, 9, 12, 13, 14 and 16.
6.1
Rates of violence and sexual harassment
108. Domestic and family violence against women remains endemic in
Australia.147 The intersection of gender with other forms of inequality results
in women with disability and from Indigenous, LGBTIQ+, and culturally and
linguistically diverse backgrounds experiencing higher rates of violence, and
additional barriers to support.148 The Australian Institute of Health and
Welfare and ANROWS report that:
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