Australian Human Rights Commission Report title October 2022 designate their own NPMs within their relevant jurisdictions. The Office of the Commonwealth Ombudsman has been nominated by the Australian Government as the NPM Coordinator, being tasked with coordinating the Australian NPM Network.21 19. At the time of writing, only four jurisdictions, in addition to the Australian Government, have nominated their NPMs. Others have proposed but not yet established their NPMs. New South Wales, Queensland, and Victoria have yet to designate their NPMs. 20. Funding has emerged as a significant issue delaying the establishment of the Australian NPM Network.22 In July 2021 the Australian Government pledged ‘funding over two years from 2021–22 to support states and territories’,23 however ‘jurisdictions are responsible for funding their own oversight and detention arrangements on an ongoing basis’.24 21. The Commission is of the view that establishing and maintaining oversight mechanisms to perform the role of NPMs in each jurisdiction in Australia requires modest changes to existing legislation, resourcing and oversight mechanisms. The longstanding delays in implementing OPCAT are concerning to the Commission. 22. The Commission recommends that all national, state and territory governments in Australia finalise the process of designating oversight mechanisms as the NPM for their respective jurisdictions, including any changes necessary to broaden their mandates and meet the requirements of OPCAT. They also need to provide sufficient resources to enable NPMs to meet their responsibilities. Resourcing should be provided in a way that enables NPM bodies to fulfil OPCAT’s core functions; respects the functional, structural and personal independence of NPM bodies; and ensures effective liaison with, and involvement of, civil society representatives and people with lived experience of detention in the OPCAT inspection process.25 23. The Commission considers that progress has been too slow to date and that immediate action is needed to fast-track implementation to ensure that Australia complies with the 20 January 2023 extended deadline. 24. The Commission is currently drafting a ‘Road Map to OPCAT compliance’ for the purpose of assisting the Commonwealth, State and Territory Governments with a clear pathway to meeting the 20 January 2023 extended deadline; assisting the UN SPT in its upcoming mission to Australia26 and to assist with the Committee’s request for Australia to develop an Action Plan for the establishment of the NPMs.27 7

Select target paragraph3