Australian Human Rights Commission
Current issues and good practices in prison management, 16 November 2023
action to designate an NPM.163 This recommendation was again repeated in
the Yoorook Justice Report (Victoria) in August 2023.164
102. On 23 May 2023, the Queensland Attorney-General stated that
the Queensland government continues to work with the Commonwealth
government to ensure there is ongoing and sufficient funding for NPMs to
function effectively. Resourcing is important for effective NPM implementation
… I note that funding for NPMs remains an outstanding issue for most
jurisdictions and that Victoria and New South Wales are also yet to nominate
NPMs.165
103. In September 2023, the Australian National Preventive Mechanism urged the
Queensland Government ‘to nominate an NPM to support Australia to meet its
international obligations, and help fulfil the domestic element of the visit
system created by OPCAT’.166
104. In July 2023, the Australian Government stated that it is continuing to engage
with New South Wales, Queensland and Victoria, and ‘also continuing to work
transparently and cooperatively with the Subcommittee to meet Australia’s
OPCAT obligations’.167 In the same month, the Australian National Preventive
Mechanism stated that
funding issues remain a key barrier to most Australian NPM bodies properly
performing their functions. Some Australian governments have suggested that it
is the Australian Government’s responsibility to fully fund NPM bodies and that
those states yet to nominate an NPM will not do so without full funding from the
Australian Government.168
105. In September 2023, Commission of Inquiry into Child Sexual Abuse
recommended the Tasmanian Government appoint a child specific NPM in
addition to the Tasmanian Inspector of Custodial Services (the current NPM
for Tasmania).169 The Commission of Inquiry into Child Sexual Abuse noted
‘that there would be considerable benefit in the Tasmanian Government
appointing another National Preventive Mechanism with expertise in children
and young people to focus on examining facilities where children and young
people are detained’.170
106. Also in September 2023, the Disability Royal Commission made several
recommendations on OPCAT ranging from enacting federal legislation,
widening the definition of ‘place of detention and providing adequate
resourcing to NPMs and creating disability informed NPMs.171
107. Many of the already designated NPM’s responsible for oversight of prisons
and youth detention have repeatedly noted they face significant challenges
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