Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022
Plain English Summary
Overview
This bill creates a Queensland law to allow the United Nations Subcommittee on Prevention of Torture to visit and inspect all places of detention in the state. It implements Australia's commitments under the Optional Protocol to the Convention Against Torture (OPCAT), ratified in 2017, by giving UN inspectors access to prisons, youth detention centres, mental health facilities, the forensic disability service, police watch-houses, court cells, and prisoner transport vehicles.
Who it affects
People held in any form of detention in Queensland gain an extra layer of independent international oversight. Detention facility staff and operators must cooperate with visits and are protected from reprisals if they share information with inspectors.
Key changes
- UN torture prevention inspectors get unrestricted access to all Queensland detention facilities, including prisons, youth detention centres, mental health inpatient units, police watch-houses, and court cells
- Detainees and staff can be privately interviewed by the UN subcommittee, with consent required and interpreter and support person access guaranteed
- It is an offence (up to 100 penalty units) to punish or threaten anyone for providing information or assistance to the UN subcommittee
- People who honestly share information with the subcommittee are immune from civil or criminal liability, overriding confidentiality obligations
- Ministers can only block a visit on narrow grounds: national defence, public safety, natural disaster, or serious disorder at the facility
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee1 Dec 2022View Hansard
Referred to Legal Affairs and Safety Committee
The Legal Affairs and Safety Committee examined the Bill over approximately three months, receiving 29 written submissions and holding a public hearing with stakeholders including the Queensland Human Rights Commission, Queensland Law Society, Sisters Inside, and knowmore. The committee recommended the Bill be passed, finding it would achieve its policy objective of facilitating visits by the United Nations Subcommittee on Prevention of Torture to places of detention in Queensland. Key areas of stakeholder concern included the scope of the definition of 'place of detention', powers to restrict the subcommittee's access to facilities, protections for identifying information, consent requirements for interviews, and the adequacy of penalties for reprisals against detainees who cooperate with the subcommittee.
Key findings (5)
- Many stakeholders recommended broadening the definition of 'place of detention' beyond the specific facilities listed in the Bill to align with the broader OPCAT definition, which would capture residential aged care facilities, secure dementia units, and disability group homes
- The committee accepted the government's position that the Bill does not prevent the subcommittee from visiting places outside its scope and that the regulation-making power provides flexibility to prescribe additional places of detention in the future
- Stakeholders including Sisters Inside raised significant concerns that powers allowing detaining authorities to temporarily restrict the subcommittee's access (clause 10) were too broad and could undermine the Bill's purpose, particularly during incidents when detained people are most at risk
- The committee was satisfied that safeguards limiting the restriction powers — including time limits, written reasons requirements, and ministerial override — were adequate
- Sisters Inside and other submitters argued the definition of 'detriment' in the reprisals provisions was too narrow to capture the forms of retaliation commonly experienced by people in detention, such as increased surveillance, room searches, and threats to cancel family visits
Recommendations (1)
- The committee recommends the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022 be passed.
Committee report tabled
▸Second Reading30 Mar 2023View Hansard
▸20 members spoke12 support8 mixed
Supported the bill as a necessary measure for transparency and monitoring of detention facilities, but criticised the government for previously denying access to watch houses and hiding the youth justice crisis.
“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 day, supporting the bill and acknowledging the work of Sisters Inside in advocating for women prisoners. Supported the Attorney-General's proposed amendments to expand the examples of detriment within the reprisal provisions.
“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
Criticised the government extensively for delays in implementing OPCAT and the Inspector of Detention Services, and for the embarrassment of having the UN cancel its inspection visit. Did not oppose the bill but highlighted the narrow definition of 'place of detention' and lack of explanation for not using the OPCAT definition.
“We will not be opposing this bill.”— 2023-05-10View Hansard
As Attorney-General, commended the bill as demonstrating Queensland's support for OPCAT and upholding humane treatment of people in detention. Addressed stakeholder concerns and defended the government's approach to implementation.
“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
Did not oppose the bill but raised concerns that the definition of 'place of detention' does not match the OPCAT definition. Noted that having signed the convention, Queensland should implement it as intended or withdraw, and questioned why the Inspector of Detention Services had not yet been established.
“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
Spoke as committee chair, outlining the committee's recommendation that the bill be passed. Noted the bill's safeguards and its compatibility with human rights obligations.
“On the basis of all evidence submitted, the committee is satisfied the bill will achieve its policy objectives. I commend the bill to the House.”— 2023-05-10View Hansard
Supported the bill as Minister for Police and Corrective Services. Praised Queensland's custodial officers as the best trained in the Southern Hemisphere and highlighted the new Southern Queensland Correctional Centre. Argued that supporting the bill makes it harder for less reputable jurisdictions to opt out of OPCAT.
“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
Reiterated the LNP's support for the bill but criticised the government's five-year delay in implementing OPCAT and raised concerns about whether quarantine facilities would be covered by the bill's definition of 'place of detention'. Shared a constituent's distressing experience in 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
Stated the LNP would not oppose the bill but raised concerns about overly broad ministerial objection powers, access-to-information provisions, and inadequate penalties for reprisals. Highlighted the troubling history of the Forensic Disability Service under the Labor government, including prolonged solitary confinement of patients.
“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
Defended the professionalism of Queensland's custodial officers and supported the bill as a way to benchmark Queensland's detention standards. Argued that torture does not occur in modern Queensland detention facilities and welcomed international scrutiny.
“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
Supported the bill as Minister for Children and Youth Justice. Welcomed additional UN oversight of the three youth detention centres in Queensland and outlined the bill's provisions for accessing youth detention centres and safeguards for young people.
“We already have robust oversight of our detention centres in Queensland, including from the Public Guardian and the Ombudsman, our own internal but independent Youth Detention Inspectorate and, from 1 July 2023, the new Inspector of Detention Services.”— 2023-05-11View Hansard
Supported the bill while raising concerns about the narrow definition of 'place of detention' not capturing aged-care facilities, secure dementia units, quarantine hotels, and Wacol contingency accommodation. Argued for 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
The KAP did not oppose the bill but expressed concern about the extent of UN oversight in Australia and questioned whether Australia's detention standards warranted such scrutiny compared to other countries. Argued Australians should be making Australian laws, not the UN.
“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
Supported the bill as necessary to meet Australia's obligations under OPCAT and to bring greater transparency and public confidence. Inquired into the consent provisions for interviews, particularly regarding people with fluctuating mental health capacity and children in youth justice.
“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
Supported the bill and argued that UN inspections would showcase how well Queensland operates its detention facilities. Highlighted the Capricornia Correctional Centre and the professionalism of its staff.
“I am looking forward to the United Nations entering Queensland's places of detention and seeing firsthand just how well Queensland manages and runs its prisons and places of detention.”— 2023-05-11View Hansard
Did not oppose the bill but raised concerns as shadow minister for disability services about the narrow definition of 'place of detention' not covering disability group homes and aged-care facilities. Highlighted the cancellation of the UN subcommittee's visit and the Forensic Disability Service's ongoing issues.
“The opposition wants to ensure that offenders receive appropriate punishment for their offences but are treated humanely as they serve those penalties.”— 2023-05-11View Hansard
Supported the bill as minister responsible for the Forensic Disability Service. Explained that the FDS was denied access during the 2022 UN visit due to legislative barriers, and that this bill would resolve those barriers. Detailed the current status of the FDS and its oversight arrangements.
“If passed, the bill will provide the subcommittee with access to the Forensic Disability Service. It will allow the subcommittee to interview persons and it will allow the subcommittee to access information.”— 2023-05-11View Hansard
Did not oppose the bill but focused on the safety and rights of detention centre staff, criticising the government for underfunding custodial positions and failing to provide stab-resistant vests. Highlighted WorkCover data showing increasing staff injuries.
“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
Supported the bill drawing on his personal experience of 18 years in youth detention and five years in corrective services. Argued that independent inspections improve accountability and staff morale, and criticised the LNP's record on human rights in detention.
“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
Strongly supported the bill's objective of facilitating UN subcommittee visits and welcomed the removal of legislative barriers for mental health and forensic disability facilities. However, criticised the definition of 'place of detention' as too narrow and opposed clause 10 as giving detaining authorities overly broad grounds to restrict access.
“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 Detail30 Mar 2023 – 23 May 2023View Hansard
Amendment to clause 15 requiring detainee consent before the subcommittee retains, copies or takes notes of information, replacing a broader provision.
Amendments 2 to 4 to clause 16 concerning the subcommittee's power to interview any person, removing the limitation to 'during a visit to a place of detention' and requiring the person's consent for interviews.
Amendment 5 to clause 19 expanding the definition of reprisal to include intimidation or harassment of a person, in addition to threats to safety or wellbeing.
That the amendment be agreed to
This division appears to relate to a motion debated within the same section but outside the OPCAT bill debate itself, likely concerning a procedural or other motion during the sitting day.
The motion passed.
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Ayes (49)
Noes (31)
That the motion, as amended, be agreed to
Vote on the motion as amended following the amendment agreed to in the preceding division, relating to non-bill business within the same section.
The motion passed.
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Ayes (49)
Noes (31)
Assent date: 2 June 2023
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