Ms O’CONNOR – Thank you. Minister, I wanted to talk to you about the National Preventative Mechanism, which does impact on your portfolio responsibilities obviously. Given the serious concerns raised by the Commission of Inquiry into the Tasmania Government’s Responses to Child Sexual Abuse in Institutional Settings, how does the government you’re part of, and you as minister who are part of approving the Budget, justify the decision to not adequately fund the National Preventative Mechanism, an essential body for upholding human rights in institutional environments such as the corrections system you oversee?
Ms OGILVIE – I do have some information here I can provide you on that. I’m just confirming that the Optional Protocol to the Convention Against Torture, which is known as OPCAT, we were the first jurisdiction to pass a comprehensive OPCAT statutory framework, and the OPCAT Implementation Act commenced on 20 January 2022. That gave effect in Tasmania to the protocols. Now, this provides a two-part system for inspecting places of detention, including allowing periodic visits by the United Nations subcommittee on the prevention of torture and establishing a domestic national preventative mechanism to which you refer, Ms O’Connor.
Ms O’CONNOR – Minister, can I just interrupt you there briefly. Today’s not going to be so productive if when you’re asked a question you just read from a brief. The question related to the funding decision made by the government you are part of to underfund the National Preventative Mechanism to the extent that they can’t perform their statutory obligation according to the Ombudsman who holds that role himself.
Ms OGILVIE – I do have some information that addresses that which I was just about to get to, so if I could continue. I think you will find that the information you seek is forthcoming. The Ombudsman and Custodial Inspector, Mr Richard Connock, was appointed, as you have noted, as Tasmania’s NPM, and they have released a comprehensive implementation report. We know that we committed to funding the implementation of OPCAT in Tasmania’s NPM. The 2024 state Budget provides $500,000 for that implementation of the Tasmanian National Preventative Mechanism and increased monitoring of Ashley Youth Detention Centre, which is important and align NPM’s recommendations and the commission of inquiry recommendations which is also obviously very important.
We have key figures that I can provide you, Ms O’Connor, which I think you wanted to get to. As at 30 June 2024, the implementation of OPCAT in Tasmania has cost in the vicinity of $1.2 million. The Commonwealth government has provided a small contribution only of $155,000 to the implementation of OPCAT in Tasmania, and we are continuing to engage with the Commonwealth to seek ongoing funding of the NPM. The 2024 state Budget provides, and I think this is important for the record –
Ms O’CONNOR – $4 million for a chocolate fountain, and you can’t fund the NPM.
Ms OGILVIE – In 2024-25, $200,000 for increased monitoring of Ashley Youth Detention Centre.
Ms WEBB – It’s not NPM, though. Is it?
Ms OGILVIE – Which I think we would all appreciate is important.
Ms WEBB – Custodial inspector money.
Ms OGILVIE – $300,000 for the implementation of the Tasmanian National Preventative Mechanism.
Ms WEBB – The additional Ashley money isn’t NPM.
Ms OGILVIE – In 2025-26, $200,000 for increased monitoring of AYDC and $300,000 for the implementation of the Tasmanian National Preventative Mechanism. In 2026-27, $300,000 for the Tasmanian National Preventative Mechanism, noting that the government’s commitment to close Ashley prior to that financial year, and in 2027-28, $300,000 for the NPM mechanism.
Ms O’CONNOR – Minister, I remind you that the NPM, the Ombudsman made a Budget submission making it clear to government that $2.8 million was required, and so this paltry sum has been allocated in the Budget. Can you explain, given that the NPM has not been able to undertake any visits to places where people have their liberty deprived, how the government you are part of plans to ensure Tasmanians in institutional settings where they’re deprived of their freedom, such as youth detention centres, mental health facilities, aged care homes, are protected from abuse and ill treatment when the NPM is not receiving the necessary resources to function effectively. Do you agree there is risk here now because the NPM can’t perform its statutory functions?
Ms OGILVIE – I am aware of the request for additional funding. I would just like to sketch out for those who are watching and also the people at this table that we as a government care deeply about the management of people that are in our facilities, whether they’re in a child setting, whether they’re in an adult setting. No matter where they are, we are concerned about that, which is why we have supported the establishment of this function. We have funded and we have increased funding through the budgetary measures that I have just spoken about, but it’s important to recognise that the work of the ombudsman in particular does go across a range of functions. Therefore, it is important to –
Ms O’CONNOR – To fund him properly.
Ms OGILVIE – Yes. It’s important to recognise that, whilst corrective services, which is this output portfolio of which I am personally responsible as minister, primarily manages adults in custody, there is a need to work right across our justice system. We have contact with children. There are people who come through the system, particularly I know we will get to this in watch houses who are young people. The mother and baby program is also another place where I think oversight is welcome, and we do welcome that.
Ms O’CONNOR – The question related to risk that comes about, risk to people in these settings, if the NPM is not able to do its job, do you –
Ms OGILVIE – Yes. What’s your question?
Ms O’CONNOR – Do you accept that? Because the Ombudsman, the National Preventative Mechanism, is not funded enough to do the visits. There is risk.
Ms OGILVIE – I am really aware that our government has a duty of care to everybody that we have in a custodial setting. It’s really important. We have established this function. I mean, ongoing conversation with the custodial inspector and the NPM specifically in my areas of purview, but I do want to also say that it’s important that that occurs right across our justice system, and we know with the commission of inquiry work that there is so much work to be done. I recognise also this is a hard Budget. That, you know, it’s not easy for many organisations and decisions need to be made.
Ms O’CONNOR – Well, they’ve got a stadium instead.
Ms OGILVIE – But I also have a great deal of faith in our prison service, in our employees, and the people that we have in justice and on the front line who are managing what is a longstanding system that we are seeking to improve across a range of fronts. Project Astria is a part of that as well. Having the information, we need to be able to determine a more contemporary model is really important. I take your perspective on funding. I understand that. But the Budget has made allocation, and we will continue to work together.
