Submission to the Consultation of Northern Territory legislation for National Preventive Mechanism – Optional Protocol to the Convention Against Torture

The APS appreciates the invitation received from the Northern Territory Department of the Attorney-General and Justice to consult on the Legislation for National Preventive Mechanism (NPM) – Optional Protocol to the Convention Against Torture (OPCAT). The APS has an interest in places of detention, with expertise relating to the mental health of those detained, and practices which restrict or enhance their wellbeing. The submission is based on psychological knowledge, ethical principles, and empirical evidence.

The APS emphasises that implementation of the NPM take a holistic, proactive, systemic approach to improving human rights compliance, have functional independence (including reporting requirements and appointments to inspection bodies), be adequately resourced, and appropriately staffed with diverse and appropriately trained professionals in accordance with internationally accepted best practice. This includes ensuring that psychologists and psychiatrists involved with inspections have specific knowledge of, and experience in, post-traumatic stress disorder, trauma informed integrated care, mental illness, cognitive disabilities, delirium, and other conditions which may be associated with underlying challenging behaviours within institutional settings.

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