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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2022-10-18 Daily Xml
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Optional Protocol to the Convention Against Torture

The Hon. J.M.A. LENSINK (15:03): 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?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:03): 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.

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.

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.

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