Australian Human Rights Commission
Current issues and good practices in prison management, 16 November 2023
a last resort. Legislation authorising isolation (to the extent jurisdictions do not
already) should at a minimum provide the following protections:
• meaningful human contact and a minimum number of out of cell hours per
week
• access to the community equivalence standard of health care including mental
health services during the period of isolation
• adequate record keeping and data be kept of all prisoners in restrictive
practices including isolation and should be made available to the Inspector of
Custodial Services.156
97. In responding to the recommendation, the Western Australian Government
stated that they supported it in principle, with suggestions for improved
accuracy and implementation.157 The New South Wales Government noted it
had been given ‘insufficient time to undertake the detailed consideration and
scoping required for the State to reach a final determination on this
recommendation’.158 So far as the Commission is aware, no other State or
Territory provided a response to the recommendation.
98. The Commission has in past called for ‘concerted efforts’159 to ensure the
implementation of the Committee on the Rights of Persons with Disabilities
recommendation that ‘persons with disabilities cannot be held in solitary
confinement’ across Australia.160 We endorse the recommendation made by
Counsel Assisting that this prohibition should be extended to all people
though note the Disability Royal Commission’s final position was to only
extend this recommendation to youth detention.161
99. The Yoorook Justice Report (Victoria) has also recommended that ‘the Mandela
Rules prohibition on prolonged solitary confinement for adults, and a
complete prohibition for children, should be established in legislation’. 162
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Independent oversight of prisons and youth
detention
100. The Commission remains greatly concerned about Australia’s continued noncompliance with its obligations under the Optional Protocol to the Convention
Against Torture (OPCAT). To date, the states of New South Wales,
Queensland, and Victoria are yet to designate a National Preventive
Mechanism (NPM).
101. In December 2022, the Cultural Review of the Adult Custodial Corrections
System (Victoria) recommended that the Victorian Government take priority
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