The Office of the Inspector of Correctional Services (OICS) has issued its response to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability’s issues paper Safeguards and Quality.
OICS said it responded to Question Six in the issues paper: “What role does, or should, independent monitoring and oversight play in safeguarding the risk of people with disability to live free from violence, abuse, neglect and exploitation?”.
“Our response focuses on how the role of a National Preventive Mechanism (NPM) under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) can safeguard the rights of people with disability in detention settings,” OICS said.
“The OICS plays an important role in independent monitoring and oversight of the ACT prison and youth detention centre, where people with disability are overrepresented,” it said.
“Nationally it is estimated that up to 50 per cent of adult detainees have a disability compared with around 18 per cent in the general population.”
OICS said that in its detainee survey, conducted as part of its 2019 whole of prison review, 30 per cent of detainees self-identified as having a disability.
“Though the prevalence of disability is likely much higher,” it said.
The Office said the OPCAT style of monitoring had cemented its view that the designation of NPMs throughout Australia was important to bring attention to the experiences, treatment, and care of people with disability in places of detention; make recommendations to safeguard the rights of people with disability; and promote collaborative engagement between oversight bodies and detaining authorities.
The Inspector’s office said aspects of its work reflected the role of an NPM and demonstrated the potential for NPMs to safeguard the rights of persons with disability in detention.
The Office’s nine-page response to the Royal Commission’s Issues Paper can be accessed at this PS News link.
