OPCAT Implementation Bill

Committee Stage

In committee.

(Continued from 21 September 2021.)

Clause 3.

Mr ODENWALDER: We were up to clause 3, and I just want to preface all this by saying that we of course support the intent of this bill. We know about its urgency—in fact, we were lucky enough, as was the minister's adviser, to receive a briefing this morning from some experts in the field.

However, we reserve our right to both consider amendments the government might be considering and suggest amendments ourselves in the other place and consider them between the houses. I think I might just squeeze in one question, if I can.

The ACTING CHAIR (Mr Cowdrey): Absolutely.

Mr ODENWALDER: It concerns the definition of detainee detention and place of detention. I just want some clarification about what detention actually means, because there are obviously instances—and I am sure there will be questions later on in other clauses about this—where police officers, for instance, detain people for any number of reasons, with or without arrest, in their own homes or in hospitals. I am wondering if any of those situations are covered by the current definition of detention.

The Hon. V.A. CHAPMAN: I think that can be answered by the member having a look at clause 3. You will see that 'detainee' means a person detained at a place of detention, and then it goes on to define detention. It is not a question of somebody who is other than at a place of detention—that is the first thing. The second thing is that we are talking largely about prisons, people who are detained under health legislation, and now police cells.

It is a very broad assessment, but I make the point that we have youth training centres, which are otherwise known as a children's prison—Kurlana Tapa is how we now describe it in modern terms—and we also have people who are subject to detention under the Mental Health Act, and that is particularly significant.

Each of these persons is restricted in movement, and that is generally what has been considered to be included in the discussions and the agreement nationally as to what is compliant with OPCAT; that is, they need to be in a place of detention.

Progress reported; committee to sit again.

Sitting suspended from 13:01 to 14:00.