Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022
Plain English Summary
Overview
This bill creates a legal framework for the United Nations Subcommittee on Prevention of Torture to visit and monitor Queensland detention facilities. It implements Australia's obligations under the Optional Protocol to the Convention Against Torture (OPCAT), ratified in 2017, which aims to prevent torture and cruel treatment through independent international inspections of places where people are held against their will.
Who it affects
People held in Queensland's prisons, youth detention centres, mental health inpatient units, the forensic disability service, and police watch-houses gain independent international oversight of their treatment and conditions. Staff and agencies operating these facilities must accommodate visits and share information.
Key changes
- UN Subcommittee on Prevention of Torture granted unrestricted access to all Queensland detention facilities, including prisons, youth detention centres, mental health units, forensic disability service, police watch-houses, court cells, and prisoner transport vehicles
- Ministers and detaining authorities must provide information about detainee numbers, treatment, and conditions on request
- Detainees and staff can be privately interviewed by UN monitors, with consent, without other people present
- New criminal offence carrying a maximum penalty of 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, overriding any duty of secrecy
- Access may only be restricted on limited grounds: national defence, public safety, natural disaster, or serious disorder in the facility
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee1 Dec 2022 – 11 May 2023View Hansard
Referred to Legal Affairs and Safety Committee
▸Second Reading30 Mar 2023 – 23 May 2023View Hansard
▸20 members spoke19 support1 mixed
Supported the bill but used his contribution to criticise the government for denying opposition access to watch houses and for the youth justice crisis that led to juveniles being held in inappropriate conditions. Argued the bill would bring needed transparency.
“This bill will finally allow a small amount of sunlight to shine through the cracks of the windows. This government should be embarrassed by how it has treated incarcerated juveniles.”— 2023-05-23View Hansard
Continued her speech from the previous sitting day, acknowledging the work of Sisters Inside advocating for women prisoners. Supported the Attorney-General's foreshadowed amendments to reprisal provisions and consent clauses.
“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
Supported the bill but heavily criticised the Palaszczuk government for years of delays in implementing OPCAT obligations, leading to the UN cancelling its inspection visit and putting Australia alongside Rwanda. Also criticised the narrow definition of 'place of detention' compared to the OPCAT treaty definition.
“We will not be opposing this bill.”— 2023-05-10View Hansard
As Attorney-General, delivered the reply speech defending the bill as demonstrating Queensland's support for OPCAT and human rights obligations. Rebutted opposition criticism by pointing to LNP cuts to youth justice programs when in government.
“This 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
Supported the bill but criticised the government for not adopting the broader OPCAT definition of 'place of detention', arguing that having signed the convention, Australia should fully implement it. Raised concerns about the composition of the UN subcommittee.
“Having signed up to it, we should implement it or else withdraw.”— 2023-05-11View Hansard
As committee chair, outlined the bill's provisions for facilitating UN subcommittee visits to places of detention and noted the committee was satisfied the bill would achieve its policy objectives.
“On the basis of all evidence submitted, the committee is satisfied the bill will achieve its policy objectives.”— 2023-05-10View Hansard
As Minister for Police and Corrective Services, spoke in support of the bill, emphasising Queensland's commitment to human rights oversight and acknowledging the professionalism of corrections officers.
“This bill balances providing the legislative powers to ensure independent scrutiny of Queensland's places of detention with enacting provisions to ensure that any United Nations visit does not compromise the security, safety or essential operations of any place of detention.”— 2023-05-11View Hansard
Reiterated the LNP's support for the bill while criticising government delays and raising concerns that quarantine facilities are not included in the definition of 'place of detention'. Shared a constituent's distressing experience in mandatory hotel quarantine.
“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
Supported the bill while noting the LNP would not oppose it. Acknowledged the former federal LNP government ratified OPCAT in 2017. Raised concerns about the narrow definition of 'place of detention' and the need for greater transparency in youth detention.
“It is important that Queensland and Australia uphold and enhance our reputation as a society where human rights are protected, and this legislation will certainly improve accountability and transparency.”— 2023-05-11View Hansard
Spoke in support of the bill, outlining its provisions for UN subcommittee access to detention facilities. Defended the professionalism of Queensland's custodial officers and argued the bill would highlight how civilised Queensland's detention facilities are.
“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
As Minister for Children and Youth Justice, spoke in support of the bill and addressed allegations about solitary confinement in youth detention centres, stating the department was reviewing systems and protocols for transparency.
“There are strict protocols and controls around the use of separations in our youth detention centres and it is my and my government's expectations that those controls are complied with.”— 2023-05-11View Hansard
Supported the bill's objectives while raising concerns about the narrow definition of 'place of detention', arguing it should include quarantine facilities and aged-care facilities. Advocated for more early intervention and alternatives to detention.
“How we treat others, whether fellow humans or our furry friends and livestock, is a key indicator of how balanced we are as a society.”— 2023-05-10View Hansard
Stated the KAP would not oppose the bill. Acknowledged concerns from some constituents about UN oversight in Australia but supported the principle of humane treatment in detention.
“The KAP will not be opposing this bill. I want to put on the record that there are some people concerned about the oversight that the UN has in Australia and the amount of power it has when it comes to creating legislation in this state.”— 2023-05-11View Hansard
Spoke in support of the bill as a committee member, focusing on consent provisions for detainees who may lack capacity, particularly those in mental health facilities and youth justice. Welcomed the Attorney-General's foreshadowed amendments addressing consent issues.
“The people this bill seeks to protect are defined. They are prisoners, they are those residing in authorised mental health facilities, they are those detained in watch houses, they are young people in youth detention.”— 2023-05-10View Hansard
Supported the bill, highlighting the training programs for corrections officers at the Capricornia Correctional Centre and arguing the bill would showcase Queensland's effective and safe prison management to international observers.
“This bill will shine a light on Queensland's ability to run effective and safe prisons.”— 2023-05-11View Hansard
Stated the opposition would not oppose the bill, in line with the shadow Attorney-General's position. Noted stakeholder concerns about the definition of 'place of detention' and outlined the bill's key provisions.
“As my friend and colleague the member for Clayfield and shadow Attorney-General has said, the opposition will not oppose the bill.”— 2023-05-11View Hansard
As Minister for Seniors and Disability Services, spoke in support of the OPCAT bill, focusing on the provisions for access to the Forensic Disability Service by the UN subcommittee.
“If passed, the bill will provide the subcommittee with access to the Forensic Disability Service.”— 2023-05-11View Hansard
Stated he would not oppose the bill but used his contribution to highlight failures in staff safety at detention centres, including the lack of stab-resistant vests for corrections officers. Called on the government to better support detention centre staff.
“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
Spoke in support of the bill, contrasting the government's investment in prisons and detention centres with the LNP's record, and supporting independent UN oversight of Queensland's facilities.
“I support this important bill to make sure we do not go back to the dark days of the LNP and the serious human rights breaches that occurred under their watch.”— 2023-05-11View Hansard
Raised significant concerns about the bill, particularly clause 10 which allows detaining authorities to restrict UN subcommittee access on broad grounds. Argued the bill's terms are far too broad and open to misuse compared to OPCAT's stricter provisions.
“This provision should be omitted from the bill. Its terms are far too broad and open to misuse. It could be interpreted to mean anything from extended lockdowns of the facility to not having enough staff working that day.”— 2023-05-11View Hansard
▸In Detail23 May 2023View Hansard
Amendment 1 to clause 15 simplified the consent requirement for the UN subcommittee to retain, copy or take notes of detainee information, requiring only the detainee's consent.
Amendments 2-4 to clause 16 broadened the subcommittee's interview powers by removing the restriction to 'during a visit' and simplifying the consent requirements for interviews.
Amendment 5 to clause 19 expanded the definition of reprisal to explicitly include intimidation or harassment, strengthening protections for those who provide information to the subcommittee.
That the amendment be agreed to
The motion passed.
▸Show individual votesHide individual votes
Ayes (49)
Noes (31)
That the motion, as amended, be agreed to
The motion passed.