Qld acts on UN inspection constraints

December 01, 2022 12:34 PM AEDT | By AAPNEWS
Image source: AAPNEWS

United Nations inspectors will soon be able to visit mental health patients being detained in Queensland facilities as the state government acts on a pledge to change laws in the final sitting week of the year.

The UN Subcommittee on Prevention of Torture suspended a tour of Australia's detention facilities in October, saying Queensland and NSW had not co-operated with its delegation.

Queensland Attorney-General Shannon Fentiman on Thursday introduced a bill to parliament to change laws so inspectors can physically access detained mental health patients.

Access had been provided during the UN's recent visit "as far as permitted under existing legislation, policies and procedures", Ms Fentiman said. 

"This bill will address those legislative barriers around access, such as issues faced accessing authorised mental health services, and the forensic disability service," she said.

Relevant government ministers and detaining authorities will be required to provide the UN with "unrestricted access" to facilities except in limited circumstances.

Visits may be objected to on grounds including national defence and public safety.

Access to information relevant to the subcommittee's purposes must also be given, including details about the number of detainees in a facility, their treatment and the conditions.

Privacy safeguards are also included in the bill, Ms Fentiman said.

Detainee consent is required if the subcommittee seeks to retain, copy or take notes of identifying information.

It will also be an offence to take reprisal action against someone for providing information or assistance to the subcommittee.

Premier Annastacia Palaszczuk promised changes by the end of this year after admitting the UN delegation had been legally constrained.

"There were some restrictions around physical access to authorised mental health facilities and the Forensic Disability Service," she told parliament in October.

Meanwhile, the Queensland Greens have questioned whether the new laws are "political cover" after earlier criticism.

"All of the legal experts I've spoken to about this have rejected the government's claims about legislative barriers to anti-torture inspections," MP Michael Berkman said.

Queensland Corrective Services insisted it had co-operated with the UN delegation, giving them "unrestricted access" to a Brisbane correctional centre and allowing them to meet prisoners and staff.

Queensland Health told AAP the inspector couldn't legally have physical access to some detained patients living with severe mental illness or cognitive impairments.


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