Why are consultations occurring?
The Tasmanian NPM as a new specialist institution for Tasmania. It is also one of the first to be established in Australia.
To fulfil the functions of the Tasmanian NPM, as set out in legislation and provided under OPCAT, consultation is required to scope how this new institution should be designed, and how it will operate.
These stakeholder relationships span state and federal government, independent statuary bodies, civil society, and international organisations. Developing an NPM operating model that includes ongoing engagement and collaboration with stakeholders will strengthen each-other’s ability to generate preventive change, and reduce the risk of torture and other forms cruel, inhuman or degrading treatment or punishment (‘ill-treatment’) occurring. Stakeholder collaboration will provide best practice insights and inform key decisions made throughout this scoping process. It will also provide an opportunity to develop shared understandings on important issues, and enable the creation of new ongoing relationships.
Early engagement with government authorities is central to the effectiveness of the Tasmanian NPM. This reflects that torture and ill-treatment can only be successfully prevented if NPM feedback and recommendations are understood and implemented. Indeed, OPCAT requires (at Article 22) that authorities enter into dialogue with NPMs on the implementation of its recommendations.
For non-government stakeholders, this consultation is a valuable opportunity to become familiar with how the Tasmanian NPM will operate, have a say on what is important for their priority communities, and identify where they may be able to provide assistance.
Civil society has played a leading role in advocating for Australia’s ratification of OPCAT. It has a crucial role to play in strengthening the development and ongoing operations of Australia’s network of NPMs. Indeed, in Tasmania, civil society has already played an important role, contributing valuable feedback on development of the Act. It possesses a deep substantive and applied understanding of the day to day matters to be considered by the Tasmanian NPM in the discharge of its functions.
Engagement with civil society and independent bodies is a key recommendation of the United Nations Subcommittee on Prevention of Torture (SPT). Recognising that this approach is best practice, NPMs around the world have adopted various models to ensure civil society actively participates in their activities. The Tasmanian NPM intends to follow this approach.
The Tasmanian NPM, Mr Richard Connock, wants to hear from anyone interested in the work of the NPM, particularly organisations who work in places of detention and/or represent people deprived of their liberty, as well as individuals with relevant lived experience. This includes in particular civil society and non-governmental organisations representing the following populations:
- People in places of detention
- People who have been released from places of detention
- Victims, detained as (alleged) perpetrators
- Aboriginal and Torres Strait Islander people
- Children and young people
- Women
- Pregnant people
- People with children
- Older people
- People who are gay, lesbian, bisexual, transgender, intersex and queer
- People with disability and impairment
- People with mental illness
- People from culturally and linguistically diverse backgrounds
- Refugees and people seeking asylum
- People living in regional, rural and remote communities
- People affected by substance misuse
- People with poor literacy skills
- People experiencing or at risk of homelessness
Civil society expression of interest
In mid-December 2022, the Tasmanian NPM distributed an expression of interest document to civil society organisations and networks, inviting stakeholders to register their interest to participate in the consultation process.
The document provides background information about the Tasmanian NPM and the consultation process.
Download the Civil Society engagement expression of interest (PDF, 627.6 KB).
Consultation Paper 1
In January 2023, the Tasmanian NPM released its first consultation paper. This paper focused on identifying places where people are or may be deprived of their liberty, which the Tasmanian NPM will examine under its visiting function. The consultation paper also provided an analysis of the relevant provisions of OPCAT (Article 4 in particular), and an overview how these provisions are interpreted under international law. Following responses provided to this consultation paper, the Tasmanian NPM i developing a framework to identify places where people may be deprived of their liberty in Tasmania.
Download Consultation Paper 1 (PDF, 652.2 KB).
Consultation Paper 2
In May 2023, the Tasmanian NPM released its second consultation paper. This paper focused on developing a shared understanding of Australia’s obligations related to torture and ill-treatment. This consultation paper built upon consultation paper 1, by turning to now identify the human rights standards that the Tasmanian NPM should expect to be applied places where people are or may be deprived of their liberty, to prevent torture and ill treatment. From this consultation process, the Tasmanian NPM is now developing its draft visiting ‘Expectations’, which will be released for stakeholder feedback. These Expectations will set out the criteria used to examine places visited, to assess the treatment of persons deprived of their liberty and ensure that Australia’s human rights obligations are met. Consultations on the draft Expectations will commence in late 2023.
Download Consultation Paper 2 (PDF, 512.5 KB)
Current consultation
Visit current consultation and submissions if you would like to respond to the current consultation.