<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="4.0" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML">
  <name>Legislative Council</name>
  <date date="2022-10-18T14:15:00+10:30" />
  <sessionName>Fifty-Fifth Parliament, First Session (55-1)</sessionName>
  <parliamentNum>55</parliamentNum>
  <sessionNum>1</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="1109" />
  <endPage num="1150" />
  <dateModified time="2023-07-06T09:34:07+09:30" />
  <proceeding continued="true">
    <name>Question Time</name>
    <subject>
      <name>Optional Protocol to the Convention Against Torture</name>
      <text id="20221018b7ba435282654dd290000262">
        <heading>Optional Protocol to the Convention Against Torture</heading>
      </text>
      <talker role="member" id="2742" referenceid="1df522b2c3094a7386fc17e1fb16d162" kind="question">
        <name>The Hon. J.M.A. LENSINK</name>
        <house>Legislative Council</house>
        <questions>
          <question date="2022-10-18T03:45:00+10:30">
            <name>Optional Protocol to the Convention Against Torture</name>
          </question>
        </questions>
        <startTime time="2022-10-18T15:03:03+10:30" />
        <text id="20221018b7ba435282654dd290000263">
          <timeStamp time="2022-10-18T15:03:03+10:30" />
          <by role="member" id="2742" referenceid="1df522b2c3094a7386fc17e1fb16d162">The Hon. J.M.A. LENSINK (15:03):</by>  My questions are to the Attorney-General regarding the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Can the Attorney advise whether the government supports and will be reintroducing the lapsed bill and, if so, when; and has he been briefed about this matter?</text>
      </talker>
      <talker role="member" id="4697" referenceid="c1607c57d2294390bdc2b07c15f35010" kind="answer">
        <name>The Hon. K.J. MAHER</name>
        <house>Legislative Council</house>
        <portfolios>
          <portfolio id="">
            <name>Minister for Aboriginal Affairs</name>
          </portfolio>
          <portfolio id="">
            <name>Attorney-General</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Industrial Relations and Public Sector</name>
          </portfolio>
        </portfolios>
        <questions>
          <question date="2022-10-18T03:45:00+10:30">
            <name>Optional Protocol to the Convention Against Torture</name>
          </question>
        </questions>
        <startTime time="2022-10-18T15:03:29+10:30" />
        <text id="20221018b7ba435282654dd290000264">
          <timeStamp time="2022-10-18T15:03:29+10:30" />
          <by role="member" id="4697" referenceid="c1607c57d2294390bdc2b07c15f35010">The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:03):</by>  I thank the honourable member for her question and her interest in this area and, as the former minister that I think was responsible for the youth detention centre, she would be aware of some of the issues around OPCAT and the protocols. We are examining the bill that the former government introduced. The problem with the bill that the former government introduced wasn't in the bill itself, it was that there wasn't any funding to see it implemented at all.</text>
        <text id="20221018b7ba435282654dd290000265">At the most recent meeting of attorneys-general a couple of months ago, all, I think from memory, Attorneys from around Australia were united in their view that it is a worthwhile thing to introduce changes to implement the OPCAT protocols, but that as it was a federal government who signed the convention the federal government ought to provide funding.</text>
        <text id="20221018b7ba435282654dd290000266">From my memory—and I will check that it is correct—I think every single state and territory was of the view that it ought to be commonwealth government funded. Yes, I have been briefed on it. It was discussed at the meeting of attorneys-general earlier this year. We don't oppose the principles but we will, like every other jurisdiction, be seeking that the commonwealth contribute in an ongoing way if states and territories are to implement those principles.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>