United Nations human rights brigade pulls the plug on Australian prison inspections … NSW’s law ‘n’ order agenda threatened by Convention Against Torture … Obstructions … Commonwealth-State funding dispute … Max Shanahan reports on the latest embarrassment 

The visit was suspended late last year, after the SPT was denied access to detention facilities in New South Wales and Queensland. 

Suzanne Jabbour, the SPT Chairperson, said: 

“There is no alternative but to terminate the visit as the issue of unrestricted access to all places of deprivation of liberty in two states has not yet been resolved.” 

A report will be issued to the government. Australia joins Rwanda as only the second country to have an SPT visit terminated for non-compliance. 

The hold out states are New South Wales and Queensland. The Banana Benders didn’t allow the UN sub-committee to visit their mental health in-patients, because legislation prohibited them from doing so. Amendments have been introduced, but not passed. 

NSW continues to be wilfully obstructionist, with Prisons Minister Geoff Lee suggesting that the UN inspections would “compromise our security and the operation of our prisons”. 

The cancellation came despite denials from the Attorney-General’s Department in Senate Estimates last week that a termination was imminent. Human Rights Commissioner Lorraine Finlay said that the termination was “neither expected nor undeserved”. 

Greens Justice Spokesperson David Shoebridge told Justinian that the department was “either dreadfully advised or miscommunicated their advice to Estimates. Neither is flattering of the government.” 

After ratifying the treaty in 2017, the Commonwealth has been unable to come to an agreement with the states over funding for the National Preventative Mechanism, which is required under the terms of the Convention. 

In October 2022, matters came to a head when Queensland and New South Wales refused to allow the visiting SPT delegation access to places of detention. 

While Queensland has introduced its remedial legislation, NSW has not indicated it would be willing to allow access to UN inspectors. Caruana said that “it’s been clear, particularly from NSW, that they were always willing to embarrass the federal government on this issue”. 

While NSW has been the most publicly intransigent of the states and territories, only the ACT has entered into an agreement with the Commonwealth for funding of the national prevention mechanism. 

Shoebridge says that “the Commonwealth can’t hide behind a funding dispute” and must use its legislative power to force compliance. Canberra faces further international embarrassment and a spot on OPCAT’s non-compliance list unless it takes steps to comply with its obligations smartly.

Attorney General Dreyfus said: 

“This disappointing decision does not reflect the Australian government’s commitment to protecting and promoting human rights, and does not change our commitment to implementing Australia’s OPCAT obligations and to facilitating future visits from the SPT.” 

For its part, the NSW government insists it has complied with an agreement to provide costings for the national prevention mechanism following December’s Standing Council of Attorneys-General meeting. State AG Mark Speakman was blunt: 

“New South Wales has complied and awaits Commonwealth consideration, and approval, of the funding.”