Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Download] [Help]

OMBUDSMAN REGULATIONS 2017 - REG 17

National Preventive Mechanism Coordinator function

  (1)   For the purposes of paragraph   4(2)(a) of the Act, the function of National Preventive Mechanism Coordinator is conferred on the Ombudsman.

  (2)   The function of National Preventive Mechanism Coordinator is to be performed for the purposes of giving effect to Australia's obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Optional Protocol ).

  (3)   The function of National Preventive Mechanism Coordinator includes the following:

  (a)   consulting with governments and other bodies on the development of standards and principles regarding the treatment and conditions of persons deprived of their liberty;

  (b)   collecting information on oversight arrangements in relation to persons deprived of their liberty and undertaking related research;

  (c)   proposing options and developing resources to facilitate improvements in oversight arrangements in relation to persons deprived of their liberty, including by:

  (i)   facilitating the sharing of expertise, knowledge and practice in order to build on the existing work of detention inspectorates of the Commonwealth, the States and the Territories; or

  (ii)   proposing options for reducing duplication of, and overlap in, inspections of places of detention; or

  (iii)   proposing options for covering gaps in oversight of places of detention;

  (d)   communicating, on behalf of the National Preventive echanism Network, with the United Nations Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;

  (e)   convening meetings and facilitating collaboration between any of the following for the purposes of giving effect to the Optional Protocol:

  (i)   State and Territory governments and governments of other countries;

  (ii)   National Preventive Mechanism persons and bodies, including such persons and bodies outside Australia;

  (f)   giving information to the following for the purposes of giving effect to the Optional Protocol:

  (i)   the United Nations Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;

  (ii)   State and Territory governments and governments of other countries;

  (iii)   National Preventive Mechanism persons and bodies, including such persons and bodies outside Australia;

  (g)   reporting to the public and to Commonwealth, State and Territory Ministers on the following :

  (i)   the implementation of the Optional Protocol;

  (ii)   the activities of the National Preventive echanism Network;

  (h)   making recommendations to the Commonwealth in relation to the implementation of the Optional Protocol;

  (i)   functions incidental to the function of National Preventive Mechanism Coordinator.

Note:   For National Preventive Mechanism Network , see section   5.

  (4)   In performing the function of National Preventive echanism Coordinator, the Commonwealth Ombudsman must not compel or direct a person or body that is a part of the National Preventive Mechanism Network.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback