New laws to enable the United Nations to visit mental health in-patient wards in Queensland will be introduced into parliament today after the body took the "drastic measure" of suspending a recent trip to Australia.
The United Nations Subcommittee on Prevention of Torture (SPT) halted its 12-day visit to Australia in October citing a "lack of co-operation" with Queensland and New South Wales after visits were restricted to some facilities.
The NSW government refused the UN subcommittee access to visit state-run correction facilities, with the state's corrections minister saying he would not allow the state's prison system to be "dictated to" by a United Nations delegation.
Queensland laws prevented UN inspectors from physically entering mental health in-patient units due to patient privacy provisions.
Attorney-General and Minister for Justice Shannon Fentiman said the changes introduced today would mean Queensland could provide "unhindered access" for the UN subcommittee in future.
"It will remove some of the legislative barriers that are in place now," she said.
"Recently, when the UN subcommittee came to visit they could not visit the Forensic Disability Service and access in-patient units at the authorised mental health service.
"So this bill will facilitate the UN subcommittee to visit all places of detention in Queensland, and delegates will also be able to access information and conduct interviews with detainees and other people at the place of detention."
Ms Fentiman said while physical visits had not been allowed, the state government had tried to facilitate the UN subcommittee access to those mental health in-patient wards by allowing remote communication with patients and interviews with staff.
"We want to see unrestricted access to all places of detention so that the UN subcommittee can make public reports and recommendations," the attorney-general said.
The law changes come after the Queensland government passed a bill in August to establish an Inspector of Detention Services, which will review detention services, inspect places of detention and publish independent reports.
The UN subcommittee was carrying out its mandate under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), which is an international agreement aimed to prevent the mistreatment of people in detention.
The Australian government ratified OPCAT in late 2017, which means states and territories have an obligation to receive the subcommittee on visits and allow unrestricted access to places of detention and requested information.
The Queensland Advocacy for Inclusion — an organisation which advocates for people with disability — had recommended the UN subcommittee visit the Rockhampton mental health inpatient unit, Queensland's Forensic Disability Service, and the West Moreton High Security Inpatient Service at The Park.
QAI chief executive Matilda Alexander said she still was not satisfied "of the legislative basis" for why the subcommittee could not physically access the inpatient units at the time, but welcomed any law changes to ensure the UN was "able to conduct their business".
"This legislation is a start, but we still have a long way to go before we adequately protect against torture, cruel, inhumane, and degrading treatment," Ms Alexander said.
"We welcome the clear requirements enabling the SPT to visit places of detention such as in-patient units in hospitals and the forensic disability service — this will allow the inspection of the places QAI wrote to the SPT about.
"We are concerned that the exclusive list of places of detention will not be flexible enough to respond to emerging places of detention as seen during COVID and other potential places of detention such as disability group home."
