❓ A parliamentary question addresses the Department of Child Protection's preparedness for the Optional Protocol to the Convention against Torture (OPCAT) ratification, particularly concerning children in care and the potential oversight role of the Commissioner for Children and Young People. The answer outlines the department's current stance and future plans regarding secure care facilities and compliance.
AnsweredQoN 2690Legislative Assembly
Asked
20 April 2010
Member
Portfolio
Child Protection; Community Services; Seniors and Volunteering; Women's Interests
QuestionView source ↗
(1) What measures have been taken by the Minister’s department to prepare for the imminent ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) by the Australian Government and to ensure compliance by the Department of Child Protection in the context of children in care?
(2) Will the Commissioner for Children and Young People be given new responsibilities to oversight compliance with OPCAT as it relates to children?
(2) Will the Commissioner for Children and Young People be given new responsibilities to oversight compliance with OPCAT as it relates to children?
AnswerView source ↗
Answered
4 May 2010
Responded by
Minister representing the Minister for Child Protection; Community Services; Seniors and Volunteering; Women's Interests
Response time
14 days
(1)
At present, the Department does not have responsibility for any facilities where persons may be deprived of their liberty as defined in Article 4 of OPCAT.
The Government intends to introduce legislation to establish a secure care facility for children and young people at extreme risk, for whom no other option is available to manage that risk. This will result in a child or young person being admitted to the facility, for a short period of time, with the aim of stabilising them and to keep them safe while a suitable plan is developed to address their needs. During this period, the child or young person will not be at liberty to leave the facility.
This legislation will provide for the appointment of assessors to carry out oversight functions, including access to the facility, relevant records and children and young people held there.
The Department will comply with any further oversight measures if required by a national preventive mechanism (NPM) under OPCAT.
(2)
Unknown. The Attorney General is the Minister responsible for the administration of the
Commissioner for Children and Young People Act 2006
.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
At present, the Department does not have responsibility for any facilities where persons may be deprived of their liberty as defined in Article 4 of OPCAT.
The Government intends to introduce legislation to establish a secure care facility for children and young people at extreme risk, for whom no other option is available to manage that risk. This will result in a child or young person being admitted to the facility, for a short period of time, with the aim of stabilising them and to keep them safe while a suitable plan is developed to address their needs. During this period, the child or young person will not be at liberty to leave the facility.
This legislation will provide for the appointment of assessors to carry out oversight functions, including access to the facility, relevant records and children and young people held there.
The Department will comply with any further oversight measures if required by a national preventive mechanism (NPM) under OPCAT.
(2)
Unknown. The Attorney General is the Minister responsible for the administration of the
Commissioner for Children and Young People Act 2006
.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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