Watchdogs to be given unfettered access to investigate torture

New torture laws will give watchdogs unfettered access to police cells, courts, hospitals and youth justice centres.

Watchdogs could soon be given unfettered access to Territory prisons, watch houses, hospitals and youth justice centres to investigate allegations of torture.

This week Attorney-General Chansey Paech is expected to release proposed amendments to the Monitoring of Places of Detention Act to the parliament.

The proposed changes are to ensure the Territory does not breach international standards to prevent torture occurring under the government’s watch.

In 2017 Australia signed the United Nation’s Optional Protocol to the Convention against Torture and other Cruel, Inhumane or Degrading Treatment or Punishment.

Three years on, Mr Paech said the Territory was set to be one of the first jurisdictions to enact legislation to make sure detention centres were compliant with international standards.

The bill will give the Ombudsman, Children’s Commissioner and Principal Community Visitor greater powers as National Preventive Mechanisms.

Attorney-General Chansey Paech. Picture: (A)manda Parkinson

This unfettered access will allow the Ombudsman to investigate allegations of torture, cruel or degrading punishments in police stations and watch houses, while the PCV can inspect mental health and aged care related services.

The Children’s Commissioner can inspect any allegations of torture against a child held in detention.

Critically, the watchdogs will not need to notify agencies before they arrive.

The proposed changes comes in anticipation of the arrival of torture prevention official from the United Nations.

UN Subcommittee on Prevention of Torture has announced that it would be visiting Australia later this year, with the Territory prisons, police stations and youth detention centres expected to be part of their probe.

“We’re absolutely comfortable with allowing those visitations to occur right across all the Northern Territory’s facilities,” Mr Paech said.

Mr Paech said significant work had gone into ensuring the relevant agencies were given time to prepare and allow the OPCAT visitations in line with national expectations.

Following a meeting of all Attorneys-General this month, all states and territories have agreed to implement OPCAT changes before January 20, 2023.

On Monday, Mr Paech was asked if the Territory was currently in breach of the international torture laws because of the use of spit hoods on children as young as 12.

“As the first law officer I am working through to make sure that our legislation in all areas of justice are contemporised — are in line with best practice,” he said.

“Minister (Kate) Worden has been leading the field of work when it comes to spit hoods in the Territory’s youth detention and incarceration facility.

“I’m aware that there’s been a huge volume of work in those portfolio areas.”

Chief Minister Natasha Fyles said the changes would also bring the torture prevention laws in line with the 2017 Don Dale Royal Commission.

Five years ago the damning inquiry recommended that the Office of the Children’s Commissioner have the ability to inspect any place where children were detained “without prior notice”.

It also recommended the Children’s Commissioner, rather than Territory Families, run the Official Visitors Program.

To date neither has been implemented, but Mr Paech said the proposed bill would address those recommendations.

Ms Fyles said the torture prevention laws would complement existing visitor and oversight programs.

“We have a number of mechanisms that allow people to go in and visit places of detention,” she said.

“And that’s something that we’re focused on ensuring we strengthen.”

Last week, documents released under Freedom of Information showed Territory Families failed to meet its own legislative protections for independent oversight of youth detention.

Territory Families policy requires an Official Visitors Program visitor to inspect the Alice and Darwin youth detention facilities at least once a month.

However, over a 13 month period between May 2021 and June 10, 2022 there were a total of two visits.

In their single visit to Don Dale, an observer reported seeing blood smeared on the walls, graffiti covering the cells and children ‘at risk’ of self harming.

Ms Fyles said the torture prevention bill would soon be available for public analysis and debate.

On Monday opposition whip Joshua Burgoyne said the Country Liberal Party had not been briefed on the proposed changes.

Originally published as Watchdogs to be given unfettered access to investigate torture