BackIn 2017, the Australian Government announced its intention to ratify the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) treaty. Since then, the Victorian Ombudsman has been actively investigating the practical changes needed to implement OPCAT in Victoria.
The first investigation centred on mapping places of detention in Victoria and how they were monitored. It also tested how OPCAT inspections might work in practice by conducting a pilot OPCAT-style inspection at Victoria’s main women’s prison. The investigation report was tabled in the Victorian Parliament on 30 November 2017 and is available here.
Late last year, the Victorian Ombudsman launched a second ‘own motion’ investigation related to OPCAT. This featured a thematic inspection over three weeks in March and April of the use of practices that may lead or amount to the ‘solitary confinement’ of children and young people in several closed environments – a maximum-security prison, a youth justice centre, and a secure welfare facility.
In an Australian first, the Ombudsman established an advisory group comprised of oversight bodies, such as the Commissioner for Children and Young People, and civil society organisations such as the Human Rights Law Centre, to assist the investigation. Members of the group provided staff and other expertise to the team, including expertise in dealing with Aboriginal youth, childhood trauma and mental health. This multi-disciplinary, multi-agency inspection team was led by Ombudsman staff.
A thematic inspection across multiple facilities presents a unique opportunity to examine practices across different closed environments, allowing the investigation to identify both examples of good practice and areas for improvement. The inspection team gathered first hand observations, spoke confidentially with children, young people and staff, had access to inspect all areas of a facility, and is reviewing relevant records and documentation.
The report will also include an analysis of National Preventive Mechanism (NPM) models, to help inform the Victorian Government as they consider which agency or agencies will serve asVictoria’s NPM, and what legislative powers, protections, and funding those agencies need. The report is expected to be tabled in Parliament around the middle of the year.
Source: Victorian Ombudsman, Australia
