Custodial Inspector Amendment (OPCAT) Bill  - Have your say

The Government is currently seeking feedback on the Custodial Inspector Amendment (OPCAT) Bill 2020 (the Bill).

On 21 December 2017, Australia ratified the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), coming into force on 20 January 2018.

OPCAT requires each state to nominate a body or bodies to fulfil the role of a National Preventive Mechanism (NPM).  

The Tasmanian Government intends to introduce legislation proposing amendments to the Custodial Inspector Act 2016 that will nominate the Custodial Inspector to fulfil the role of the NPM.

The NPM will regularly examine the treatment of persons deprived of their liberty in places of detention for the purpose of preventing torture and other cruel, inhuman or degrading treatment or punishment.

The Bill intends to expand the Custodial Inspector Act 2016 to provide for the establishment of Tasmania’s NPM. This will allow for:

  • The regular inspection of places of detention, which includes prisons, police stations, closed psychiatric facilities, and closed forensic disability facilities;
  • The publication of guidelines and standards;
  • Annual reporting to the Commonwealth Ombudsman, and information sharing with the United Nations Subcommittee for the Prevention of Torture;
  • Permitting the disclosure or communication of relevant information to the NPM by a person or body; and
  • Enabling the referral of matters by the NPM to another person or a body existing under law for investigation where appropriate (such as the Health Complaints Commissioner).

Custodial Inspector Amendment (OPCAT) Bill 2020 (PDF, 327.4 KB)

For reference:

The comment period for this consultation is now closed.

Publishing submissions

Other than indicated below, submissions will be treated as public information and will be published on this website.

Submissions will be published once Government’s consideration of the submissions is complete.

No personal information other than an individual’s name or the organisation making a submission will be published.

For further information, please contact: the Office of Strategic Legislation and Policy or read the Tasmanian Government Public Submissions Policy (external link).

For further information, please read the Tasmanian Government Public Submissions Policy (external link).

Important information to note

  1. Your name (or the name of the organisation) will be published unless you request otherwise.
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