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
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