Question on Notice regarding the Department of Corrective Services' preparations for the ratification of OPCAT, focusing on measures taken, advice received, and compliance for juveniles in detention. The answer indicates ongoing consultation and dependence on model legislation being drafted by NSW.

AnsweredQoN 2689Legislative Assembly
Asked
20 April 2010
Portfolio
Corrective Services

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?
(2) Has the Minister received advice as to the implications, both administrative and financial, of OPCAT for the current operations of the Department of Corrective Services; and
(a) if so, what are they?
(3) What measures does the Minister intend to take to ensure compliance with OPCAT in relation to juveniles in detention?

AnswerView source ↗

Answered
18 May 2010
Responded by
Minister for Corrective Services
Response time
28 days
(1) The Department of Corrective Services is liaising with the Department of the Premier and Cabinet and the Commonwealth. The first and critical step in the process of becoming OPCAT compliant is the drafting of consistent State and Territory legislation to allow for the establishment of National Protective mechanisms in each jurisdiction. The standing agreement between the States and the Commonwealth is that NSW will draft the model legislation in this regard.
(2) Such advice will be dependent on the terms of the model legislation.
(2a) Not applicable.
(3) The necessary measures that might need to be taken for both adults and juveniles cannot be determined at this stage of the consultations, in advance of the preparation of the model legislation.
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