CAT/C/AUS/CO/4-5
5.
The Committee welcomes the legislative changes in areas of relevance to the
Convention, including:
(a)
The Crimes Legislation Amendment (Torture Prohibition and Death Penalty
Abolition) Act 2010, which enacts a new offence of torture in the Criminal Code and
ensures non-reintroduction of the death penalty by a State or a Territory;
(b)
The Human Rights (Parliamentary Scrutiny) Act 2011, which requires an
assessment of the compatibility of new legislation with human rights, and establishes a
Commonwealth parliamentary joint committee dedicated to human rights scrutiny;
(c)
The Family Law Legislation Amendment (Family Violence and Other
Measures) Act 2011;
(d)
The Extradition and Mutual Assistance in Criminal Matters Legislation
Amendment Act 2012;
(e)
The Crimes Legislation Amendment (Slavery, Slavery-like Conditions and
People Trafficking) Act 2013;
(f)
The Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable
Witness Protection and Other Measures) Act 2013.
6.
The Committee welcomes the efforts of the State party to give effect to the
Convention, including:
(a)
The release of the National Human Rights Action Plan, in December 2012;
(b)
The adoption of the National Plan to Reduce Violence against Women and
their Children 2010–2022;
(c)
The creation, in 2010, of the position of independent national security
legislation monitor to, inter alia, review counter-terrorism and national security legislation
taking into account international human rights obligations;
(d)
The establishment of a public online database of recommendations from
United Nations human rights mechanisms.
7.
The Committee notes with appreciation the existence of a vibrant civil society that
contributes significantly to the monitoring of torture and ill-treatment, thereby facilitating
the effective implementation of the Convention in the State party.
C.
Principal subjects of concern and recommendations
National human rights institution
8.
The Committee welcomes the work of the Australian Human Rights Commission.
However, it notes that the Commission does not yet have statutory powers to monitor the
implementation of the State party’s obligations under the Convention (art. 2).
The State party should consider strengthening the Commission by providing it with
statutory powers to monitor the implementation of the State party’s obligations under
the Convention.
Violence against women
9.
While welcoming the legislative and other measures adopted by the State party to
prevent and combat violence against women, the Committee notes with concern reports on
the persistence of violence against women, which disproportionately affects indigenous
women and women with disabilities. The Committee is also concerned at information
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