Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022

Introduced: 1/12/2022By: Hon S Fentiman MPStatus: PASSED with amendment

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced1 Dec 2022View Hansard
First Reading1 Dec 2022View Hansard
Committee1 Dec 2022 – 11 May 2023View Hansard

Referred to Legal Affairs and Safety Committee

Second Reading30 Mar 2023 – 23 May 2023View Hansard
21 members spoke20 support1 mixed
11.39 amMr WATTSSupports

Supports the bill for bringing transparency to detention facilities, while heavily criticising the government's past handling of youth detention in watch houses and arguing the government tried to hide the youth crime crisis.

I support the bill going forward and would encourage ministers in future to allow transparency so the opposition can do its job and hold the executive to account when it is failing, in chaos and crisis.2023-05-23View Hansard
11.15 amMs BUSHSupports

Continued her speech from the previous day, acknowledging the work of Sisters Inside and supporting amendments to expand examples of detriment in reprisal provisions. Commended the bill as an important step in Queensland's commitment to OPCAT.

The progress of the bill today represents an important step in Queensland's commitment to work in good faith towards implementing OPCAT here in Queensland.2023-05-11View Hansard
4.27 pmMr NICHOLLSSupports

Criticised the government's tardiness in implementing OPCAT obligations which led to the UN suspending and then cancelling inspections, but confirmed the LNP will not oppose the bill.

While not objecting to the bill in its current form, there is certainly no real explanation provided as to why the OPCAT definition is not preferred.2023-05-10View Hansard
5.49 pmHon. SM FENTIMANSupports

As Attorney-General, introduced and moved the bill which provides a legislative framework to facilitate UN Subcommittee visits to places of detention in Queensland, describing it as part of the government's commitment to uphold human rights.

This bill represents the Palaszczuk government's support for the principles of OPCAT and furthers this government's commitment to upholding the humane treatment of people in detention.2023-03-30View Hansard
11.49 amHon. YM D'ATHSupports

As Attorney-General, strongly supports the bill as demonstrating Queensland's commitment to OPCAT principles and upholding humane treatment of people in detention, while defending the government's youth justice record.

The bill is an important piece of legislation that demonstrates Queensland's support for OPCAT and helps meet Australia's international human rights obligations.2023-05-23View Hansard
11.17 amMr KRAUSESupports

Did not oppose the bill but questioned why the government did not use OPCAT's definition of 'place of detention' as requested by submitters. Argued that having signed the convention, Australia should implement it properly or withdraw.

Having done so, the view is—it is a solid view—that we should implement it the way it is meant to be implemented.2023-05-11View Hansard
4.52 pmMr RUSSOSupports

As committee chair, outlined the bill's purpose to facilitate UN subcommittee visits and noted the committee recommended the bill be passed after examining it for human rights compatibility.

The Palaszczuk government is committed to protecting the human rights of all Queenslanders, including those in detention.2023-05-10View Hansard
11.25 amHon. MT RYANSupports

As Minister for Police and Corrective Services, strongly supported the bill, emphasising commitment to humane containment and rehabilitation of prisoners. Argued that Queensland welcoming UN oversight makes it harder for less reputable jurisdictions to opt out.

By opposing this bill, we would be making it easier for those less reputable jurisdictions to opt out and to point the finger and say, 'Why should we let the United Nations visit our prisons when you won't?'2023-05-11View Hansard
4.58 pmMrs GERBERSupports

Reiterated LNP support for the bill while criticising government delays and raising concerns about whether quarantine facilities would be covered under the definition of places of detention.

I want to reiterate the LNP's support for this bill. We want to ensure offenders receive the appropriate punishment that fits their crime, but that they are also treated humanely while serving those penalties.2023-05-10View Hansard
11.33 amDr ROWANSupports

Confirmed LNP would not oppose the bill while raising stakeholder concerns about ministerial objection powers and reprisal penalties. Highlighted the inclusion of the Forensic Disability Service given its troubled history under the government.

Offenders must receive appropriate punishment for the offence of which they are found guilty. The penalties they receive, however, must also be met with a commitment to be treated humanely.2023-05-11View Hansard
5.07 pmMr HUNTSupports

Defended Queensland's detention staff as professionals, argued torture does not occur in modern Queensland detention facilities, and welcomed the bill for benchmarking standards and identifying improvements.

I welcome the implementation of the monitoring of places of detention bill because it will invite scrutiny to our places of detention and highlight how civilised they are.2023-05-10View Hansard
11.41 amHon. LM LINARDSupports

As Minister for Children and Youth Justice, supported the bill and welcomed additional UN oversight of youth detention centres. Addressed allegations about solitary confinement in youth detention, noting they were investigating and upgrading recording processes.

The recommendations and reports of international experts will help us ensure that we meet our international obligations, that our youth detention centres comply with international standards and that young people in detention are held in safe and appropriate environments.2023-05-11View Hansard
5.17 pmMs BOLTONSupports

Supported the bill while raising concerns about the narrow definition of places of detention, arguing it should include aged care facilities, quarantine facilities, and other settings where people may be detained.

At the very least we should expect that cruel, inhuman or degrading treatment is not experienced in our detention centres.2023-05-10View Hansard
11.51 amMr DAMETTOSupports

KAP will not oppose the bill, describing it as mainly procedural. However, expressed concerns about UN oversight of Australian affairs and questioned whether UN resources should focus on countries with worse human rights records.

It should be Australians making Australian laws and Queenslanders making Queensland laws, not the Commonwealth signing up to some faceless people in the UN who tell us in Queensland and Australia how to run our state and our country.2023-05-11View Hansard
5.24 pmMs BUSHSupports

Spoke in support of the bill as advancing justice and equity values, noting it creates positive obligations on the state to protect human rights of those in detention. Her speech was adjourned before completion.

Whilst some may debate the degree of vulnerability these people hold, no-one could argue that their statutory detention creates a positive obligation on the state to ensure that their human rights are protected and upheld.2023-05-10View Hansard
11.56 amMs LAUGASupports

Strongly supported the bill, arguing it will showcase Queensland's well-run detention facilities to the world. Praised the professionalism of custodial officers at Capricornia Correctional Centre and named newly sworn-in officers.

There is no torture at Queensland prisons. The custodial correctional officers and people who work in our prisons right across the state do a fantastic job of maintaining safety and security and running a really tight operation.2023-05-11View Hansard
12.04 pmMr LANGBROEKSupports

As shadow minister for disability services, confirmed opposition would not oppose the bill. Raised concerns about the cancelled UN visit and stakeholder calls to broaden the definition of 'place of detention' to include aged care and disability settings.

The opposition wants to ensure that offenders receive appropriate punishment for their offences but are treated humanely as they serve those penalties. Australia committed to OPCAT and should honour that commitment.2023-05-11View Hansard
12.10 pmHon. CD CRAWFORDSupports

As Minister for Seniors and Disability Services, supported the bill and explained the circumstances of the UN subcommittee's attempted visit to the Forensic Disability Service in 2022. Confirmed the bill would provide access to the FDS.

As a human rights jurisdiction, the Queensland government shares the United Nations subcommittee's commitment to ensuring people in detention are treated with dignity.2023-05-11View Hansard
12.17 pmMr LASTSupports

Will not oppose the bill but used the debate to highlight concerns about staff safety and shortages in detention centres. Called for better protection for workers including stab-resistant vests.

I will not be opposing this bill because the overwhelming majority of men and women who work in these centres also recognise the importance of ensuring offenders receive appropriate punishment whilst being treated humanely.2023-05-11View Hansard
12.21 pmMr WALKERSupports

Drawing on his experience as a former corrective services officer and youth detention centre worker, strongly supported the bill. Emphasised the benefits of external oversight and criticised the LNP's historical human rights record including the 'black hole' at Boggo Road.

It is only when you allow outside agencies to physically visit detention centres or correctional centres for accountability purposes that you have a more accountable workforce and better outcomes for detainees and the broader community.2023-05-11View Hansard
12.53 pmMr ANDREWMixed

Strongly supportive of the bill's objectives including removing barriers to mental health facility access. However, raised concerns that clause 10 allowing detaining authorities to restrict access is too broad and exceeds OPCAT grounds for exemption.

I am, therefore, strongly supportive of the bill's objective to facilitate visits by the subcommittee to all Queensland places of detention.2023-05-11View Hansard
In Detail23 May 2023View Hansard
Amendment

That the amendment be agreed to

Passed49 ayes – 31 noes2023-05-11

The motion passed.

Show individual votes

Ayes (49)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (31)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

That the motion, as amended, be agreed to

Passed49 ayes – 31 noes2023-05-11

The motion passed.

Show individual votes

Ayes (49)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (31)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Third Reading23 May 2023View Hansard
Became Act 13 of 20232 June 2023
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

Overview

This bill allows the United Nations Subcommittee on Prevention of Torture to visit and inspect Queensland's prisons, youth detention centres, mental health facilities, police watch-houses, and other places where people are detained. It implements Australia's international obligations under OPCAT, which aims to prevent torture and cruel treatment through independent monitoring.

Who it affects

People held in detention facilities across Queensland gain access to independent international oversight. Staff and agencies running these facilities must accommodate UN visits and provide information about conditions and treatment.

Key changes

  • UN Subcommittee given unrestricted access to all Queensland detention facilities including prisons, youth detention, mental health units, and police cells
  • Detainees can be interviewed privately by UN monitors without staff present
  • Ministers and agencies must provide information about detainee numbers, treatment, and conditions
  • New offence (100 penalty units) for taking reprisals against anyone who provides information to the UN Subcommittee
  • People who honestly share information with the Subcommittee are protected from civil and criminal liability