New laws allowing the United Nations to visit mental health inpatient wards in Queensland will be introduced in parliament today after the body took the “drastic step” of suspending a recent trip to Australia.
Key points:
- Queensland laws prevented UN inspectors from entering inpatient mental health units
- The UN subcommittee described “a lack of cooperation” with Queensland and NSW
- Queensland attorney general says new laws will allow inspectors to visit “all places of detention”
The United Nations Subcommittee on Prevention of Torture (SPT) halted its 12-day visit to Australia in October citing a “lack of cooperation” with Queensland and New South Wales after visits were limited to some facilities.
the The NSW government denied access to the UN subcommittee to visit state correctional facilities, and the state corrections minister said he would not allow a United Nations delegation to “dictate” the state prison system.
Queensland laws prevented UN inspectors from physically entering mental health inpatient units due to patient privacy provisions.
Attorney General and Justice Minister Shannon Fentiman said the changes introduced today would mean Queensland could provide “unimpeded access” for the UN subcommittee in future.
“It will remove some of the legislative barriers that exist now,” he said.
“Recently, when the UN subcommittee came to visit, they were unable to visit the Disability Forensic Service and access the inpatient units in the licensed mental health service.
“So this bill will make it easier for the UN subcommittee to visit all places of detention in Queensland, and delegates will also be able to access information and conduct interviews with detainees and others at the place of detention.”
Ms Fentiman said that while physical visits had not been allowed, the state government had tried to facilitate the UN subcommittee’s access to those mental health inpatient wards by allowing remote communication with patients and interviews. with the staff.
“We want to see unrestricted access to all places of detention so that the UN subcommittee can make public reports and recommendations,” the attorney general said.
The changes to the law come after the Queensland government passed a bill in August to establish a Detention Services Inspector, who will review detention services, inspect places of detention and publish independent reports.
The UN subcommittee was fulfilling its mandate under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), which is an international agreement aimed at preventing mistreatment of detainees.
The Australian government ratified the OPCAT in late 2017, meaning states and territories are required to receive visits from the subcommittee and allow unrestricted access to places of detention and requested information.
Queensland Advocacy for Inclusion, an organization that advocates for people with disabilities, had recommended that the UN subcommittee visit the Rockhampton Mental Health Inpatient Unit, the Queensland Disability Forensic Service and the Queensland High Security Inpatient Service. West Moreton at The Park.
QAI chief executive Matilda Alexander said she was still not satisfied “with the legislative basis” for why the subcommittee could not physically access inpatient units at the time, but welcomed any changes to the law to ensure that the UN “can carry out its business”.
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