Implementation Project:

The Tasmanian National Preventive Mechanism (NPM) is a new independent statutory body in Tasmania. It has been established to safeguard vulnerable Tasmanians, and to meet Australia's requirements under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment—commonly known as 'OPCAT'.

The Tasmanian NPM's objective, and that of OPCAT, is to prevent the mistreatment of people deprived of their liberty. An NPM does this by proactively examining the conditions and treatment of people in different places, and through ongoing cooperation and engagement with government, authorities, and the wider community.

From 2022 to 2024, the Tasmanian Government resourced the Tasmanian NPM to complete detailed implementation planning in order for it to best meet the needs of Tasmanians. This included multiple rounds of research, consultation, and expert analysis.

Two reports were produced under this project, along with12 overarching implementation recommendations:

2023 Implementation Report:

On 1 December 2023, the Tasmanian NPM released its first implementation project report, Preventing torture and ill-treatment in Tasmania. This report includes the results of extensive community and expert consultation to establish the Tasmanian NPM, with a focus on custody, detention, and secure mental health settings.

Download the first report: Implementation Project and Annual Report - November 2023 (PDF, 6.2 MB)

2024 Supplementary Implementation Report:

On 26 November 2024, the Tasmanian NPM released its second, supplementary implementation project report. This report focuses on the Tasmanian NPM's mandate in community-based aged residential care and disability support services. The release of this report completes the implementation project.

Download the supplementary report: Supplementary Implementation and Annual Report - November 2024 (PDF,  15.5 MB)

The supplementary report includes recommendations to give effect to recommendations 11.6 – 11.11 of the Final Report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. It additionally provides an updated organisational design and resource estimate for the office as a whole.

Accompanying the release of this supplementary report are draft expectations on the treatment of people deprived of their liberty in health and social care. This document is currently open for public consultation available to download separately here.

Final Recommendations:

The Tasmanian NPM has made 12 overarching recommendations to successfully establish an independent and accountable office that is most suitable for Tasmania and best placed to prevent torture and ill-treatment. The recommended model is designed to complement and work with existing oversight bodies, engage actively with civil society, and ensure appropriate Parliamentary scrutiny of its activities. The recommendations are:

Recommendation 1:

That the Tasmanian NPM be established as a new specialised institution, separate from the Ombudsman.

Recommendation 2:

That the person appointed as Tasmanian NPM concurrently serve as Custodial Inspector, which is also to be separated from the Ombudsman, and the offices combined under the recommended governance model.

Recommendation 3:

That the Tasmanian NPM delegate authority to the Commissioner for Children and Young People and establish a joint process agreement for the exercise of functions pertaining to children and young people.

Recommendation 4:

That the Commissioner for Children and Young People and the Custodial Inspector be specifically resourced to contribute to the delivery of the Tasmanian NPM.

Recommendation 5:

That the Tasmanian NPM and Commissioner for Children and Young People be co-located in a purpose designed office setting.

Recommendation 6:

That the Tasmanian NPM establish a formal and permanent Civil Society Advisory Council, which is integrated into its governance structure.

Recommendation 7:

That the Tasmanian NPM’s corporate services are provided by an agency over which it will not exercise oversight.

Recommendation 8:

That the Tasmanian NPM and Commissioner for Children and Young People engage cooperatively and provide advice to Government on an agreed approach to the implementation of Commission of Inquiry recommendations related to OPCAT and youth justice inspections.

Recommendation 9:

That the OPCAT Implementation Act 2021, section 5(3) be amended to include reference to aged residential care facilities and disability support residences or similar.

Recommendation 10:

That the Tasmanian NPM be appropriately resourced to exercise its functions at disability support and aged residential care places of deprivation of liberty assessed as having a heightened risk of torture or ill-treatment.

Recommendation 11:

The Tasmanian NPM establish an office in Launceston to support the delivery of functions in the North and North-West regions. And that this office space be made available for use by staff of the Commission for Children and Young People, and Disability Commissioner.

Recommendation 12:

That the Integrity Commission Act 2009 be amended to include the Tasmanian NPM as a defined integrity entity, and extend the functions of the Joint Standing Committee on Integrity to include scrutiny and approval of integrity entity budgets.

Enquiries regarding the Tasmanian NPM can be made by contacting us or by email at enquiries@npm.tas.gov.au

A new website is currently in development and expected to launch in the first half of 2025.

  • About the Tasmanian NPM

    What is a national preventive mechanism and what is OPCAT?

    About the Tasmanian NPM

  • Stakeholder consultation

    Stakeholder collaboration will provide best practice insights and inform key decisions made throughout this scoping process.

    Stakeholder consultation

  • Expectations

    Read about some of the matters the Tasmanian NPM considers when assessing the conditions and treatment of people deprived of their liberty.

    Expectations

  • Civil Society Advisory Council

    The Tasmanian NPM has set up a civil society advisory council to provide feedback and advice.  Learn more about this new body and its activities.

    Civil Society Advisory Council