(VIC) Designate NPM(s) to Fully Implement the OPCAT Treaty

Christabelle Natasha and Shreya Rinsy
4 hours ago
10 min read

Author: Christabelle Natasha and Shreya Rinsy | Publish date: 8/2/2026

P: In VIC, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) Treaty has not been fully implemented.
S: The VIC Attorney-General and Minister of Corrections should amend the Monitoring of Places of Detention by the United Nations Subcommittee on Prevention of Torture (OPCAT) Act 2022 (VIC) to designate an independent National Preventive Mechanism (NPM) body(s) to implement the OPCAT in VIC, in line with Australia's international treaty obligations.

Problem Identification:

Under Article 3 of the OPCAT treaty, there is a requirement to ‘designate or maintain at the domestic level one or several’ oversight bodies, known as an NPM. However, according to the Australian Human Rights Commission (AHRC), ‘Victoria has yet to designate their NPM(s)’.

The AHRC has explained that the ‘failure to fully implement OPCAT is a glaring gap in our human rights protection framework.’ They further argued that this has allowed ‘abusive practices in detention [to] persist,’ leaving facilities without oversight and risking Australia’s human rights credibility.

Context:

The OPCAT refers to a UN human rights treaty that aims to ‘prevent torture and other cruel, inhuman, or degrading treatment or punishment in places where people are deprived of their liberty.’ The UN refers to these places as detention or custodial placements, including prisons, youth detention and immigration detention facilities.

In 2017, Australia ratified the OPCAT and opted for ‘a multi-NPM network combining federal and state bodies’, which required states and territories to designate NPMs by January 2023. This entailed designating bodies to undertake the mandate. Ben Buckland of the Association for the Prevention of Torture described an NPM as an independent body that ‘[has] the power to make unannounced visits, conduct interviews in private, access all documentation relating to their mandate, and issue recommendations to authorities and enter into dialogue on their implementation.’ According to the Human Rights Law Centre (HRLC), VIC has ‘missed multiple deadlines’ to implement these ‘bare minimum safeguards’ against mistreatment in prisons.

Arguments:

The Commonwealth Ombudsman has stated that without an NPM, there is no ‘constant external eye’ on detention facilities. The AHRC has highlighted that detainees are living in ‘closed environments where abuse and mistreatment can go unseen and unchallenged.’ During a visit to a detention centre in August 2023, the Yoorook Justice Commission noted commissioners were ‘disturbed to hear from … young people about conditions in the centre including violence by staff and prolonged confinement in cells’.

According to the Global Network of Psychologists for Human Rights, the absence of an NPM creates gaps in oversight that disproportionately allow the mistreatment of already vulnerable and overrepresented communities to go undetected. The HRLC has highlighted that this failure to implement OPCAT was ‘acutely felt by children locked away in Victoria’s youth prisons’, particularly Aboriginal and Torres Strait Islander, African, Maori, and Pasifika children who remain overrepresented.

The HRLC has argued that not enacting the OPCAT ‘puts Australia’s credibility on human rights issues at risk.’ They stated that Australia has received criticisms from the UN Subcommittee on the Prevention of Torture ‘for its failure to comply with its obligations under UN anti-torture treaties’, risking Australia being ‘blacklisted’ by the UN Subcommittee on Prevention of Torture, alongside Afghanistan and Ghana.

The VIC government has argued that it requires ‘funding from the federal government to meet its commitment to prevent torture’. However, an expert member of the UN Committee Against Torture has commented that establishing an NPM in Australia is not a financial problem, but ‘more a problem of the will of … responsible entities to deal with this problem.’ Overland reported that the federal government had offered one-off OPCAT funding to states in 2021, which VIC did not use, and which later expired in June 2024.

Advice/Solution Identification:

The Victorian Equal Opportunity and Human Rights Commission, Smart Justice for Women, Centre for Excellence in Therapeutic Care (CETC), AHRC, HRLC, and the Victorian Ombudsman have called for VIC to designate an NPM(s) and fully implement the OPCAT. The CETC emphasised OPCAT's ‘potential to lay universal and independent foundations to protect the rights and safety of young people in custodial facilities across Australia.’ The AHRC has stated that an NPM could help ‘ensure transparency, accountability, and the protection of basic human rights.’

Precedent:

Domestic and international precedents exist for establishing NPM(s) and fully implementing OPCAT. Domestically, the ACT, NT, SA, TAS and WA have all designated oversight bodies as NPMs. Internationally, among 91 state parties that have ratified OPCAT, 79 have designated NPMs, including the UK in 2009, NZ in 2007, and Norway in 2013.

Public Support:

This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.

News Coverage:

The Guardian - “UN watchdog warns Australia after failure to provide timely report on detention conditions”. The UN’s anti-torture watchdog warned the Australian government that it missed the deadline to submit a promised follow-up report, due November 2023, detailing how it has improved conditions in its prisons, immigration and youth detention centres, raising serious concerns about whether promised reforms have actually been implemented. By: Sara Basford Canales | 18 April 2024 - Read the article here.
National Indigenous Times - “Victoria's Ombudsman slams government for not implementing justice reforms”. The Victorian Ombudsman sharply criticised the government for failing to deliver on promised justice oversight reforms, calling its refusal to implement its OPCAT commitments a ‘glaring failure of accountability.’ By: Dechlan Brennan | 26 March 2024 - Read the article here.
Independent Australia - “Australia ratified the UN torture treaty, yet still violates it”. The article explained that despite the Convention Against Torture (CAT) and its monitoring protocol OPCAT being formally ratified by Australia decades ago, the country continues to fall short of fully implementing its protections and is repeatedly accused of subjecting detainees, especially First Peoples and children in youth detention, to cruel, degrading and possibly torturous treatment. By: George Georgatos | 17 July 2025 - Read the article here.
The Conversation - “Dragging its feet on torture prevention: Australia’s international shame”. The article explained that although the OPCAT was ratified by Australia years ago, the country has repeatedly delayed or restricted the establishment of independent oversight bodies, meaning detention centres often remain uninspected and vulnerable to abuse, a failure described as an international disgrace in torture prevention. By: Andreea Lachsz | December 13 2021 - Read the article here.
ABC News - “Young people being 'damaged' not rehabilitated by solitary confinement in Victorian prisons, report finds”. This article explained that the Victorian Ombudsman’s review found that children and young people in youth detention were often subjected to prolonged and excessive isolation, which is likely causing harm rather than rehabilitation, and in some cases continuing despite no ongoing risk to others. The report warned that solitary confinement in these facilities is unlawful and incompatible with human rights, urging reforms to end its routine use and improve how young offenders are managed. By: Bridget Rollason | September 5 2019 - Read the article here.

Where to go to learn more:

(2016) Amnesty International’s Article OPCAT: 5 things you need to know - The article outlined how ratifying the OPCAT would strengthen protections against torture and mistreatment in Australian detention facilities through independent, unrestricted monitoring of all prisons, youth detention centres, and other lock-ups. It argued that this is especially important for safeguarding the rights and safety of children, particularly Indigenous youth in detention. Read the article here.
(2022) Victorian Aboriginal Legal Service’s (VALS) OPCAT Fact Sheet - The VALS OPCAT fact sheet explained OPCAT as a preventive human-rights framework requiring independent monitoring of all places where people are deprived of liberty, aiming to reduce the risk of torture and ill-treatment. It emphasised that meaningful implementation in Australia, particularly for Aboriginal and Torres Strait Islander people, requires culturally appropriate, well-resourced, and comprehensive NPM oversight. Read the fact sheet here.
(2019) Victorian Ombudsman’s Report - The report presents an investigation into the widespread use of solitary confinement and isolation on young people and children across different custodial facilities and recommends a unified NPM model for Victoria to fulfil OPCAT requirements. Read the report here.
Australian Human Rights Commission’s (AHRC) OPCAT: Optional Protocol to the Convention Against Torture - The website displays the AHRC’s explanation on the OPCAT as an international human rights treaty designed to prevent torture and ill-treatment in places of detention through regular, independent monitoring. It also outlines Australia’s obligations and implementation under the protocol. View here.
Monitoring of Places of Detention by the United Nations Subcommittee on Prevention of Torture (OPCAT) Act 2022 (VIC) - This Act establishes a legal framework to enable visits by the United Nations Subcommittee on Prevention of Torture to places of detention in Victoria, ensures the Subcommittee can access detainees and relevant information, sets out safeguards and procedures for such visits and interviews, and includes protections against reprisals and other related provisions. View the Act here.

Human Perspective:

Trigger warning: isolation

When Daniel was detained in a Victorian youth prison, there was no clear, independent body that would consistently visit to speak with him privately or document what daily life was like. On one occasion, after an allegation of assault on another detainee, Daniel was placed in isolation for 14 days, even though the investigation cleared him. With isolation routinely used as a behavioural response and little information provided to the young detainees, Daniel did not know who, if anyone, outside the system was watching or reporting on these types of decisions. As routines became more restrictive, his time outside was reduced, and access to healthcare and support became inconsistent. Without independent oversight, these experiences remained internal matters, treated as ordinary practice. By the time the impact on Daniel’s well-being was recognised, the harm had already accumulated, and the opportunity for early scrutiny had passed. When he later learnt about the independent National Preventive Mechanism through OPCAT, he believed it could have made a difference. He learnt that the preventative aim of OPCAT was to identify and address practices that place children at risk of harm, such as unmonitored or excessive use of isolation and segregation. Daniel believed that regular, independent visits could have ensured that his experiences were observed, documented, and raised early before they became entrenched and damaging.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement:

Ben Buckland confirmed his support for this solution and described the responsibilities of an NPM in an email on 7 January 2026.

Support

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Disclaimers

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Reference list:

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