Media release – Tasmanian National Preventive Mechanism (NPM), 25 November 2024
CALL FOR GOVERNMENT TO PROTECT THE RIGHTS OF TASMANIA’S MOST VULNERABLE
Tasmanian National Preventive Mechanism (NPM) Richard Connock has called on the State Government to commit to effective independent monitoring and oversight to protect hundreds of vulnerable people around the state that are being denied their rights under Tasmanian law, and who are at risk of poor-quality treatment.
This includes people receiving aged care or disability support services, in secure mental health settings, and people in police custody. Despite being legally empowered to examine the treatment of people in these places, Mr Connock says the funding needed to establish his office and prevent potential abuse has not been forthcoming.
“In the current budget the Tasmanian Government gave me a fraction of what I requested,” he said, “which means there is little capacity for me in this role to help keep vulnerable Tasmanians safe from harm.”
Mr Connock reiterated that funding his office was an essential requirement for Tasmania to meet its basic human rights obligations under the Optional Protocol to the Convention against Torture and other cruel, inhuman or degrading treatment or punishment (OPCAT). It is also required for Tasmania to comply with its accepted Commission of Inquiry and Disability Royal Commission recommendations.
He has again called on the Tasmanian Government to fully fund the Office of the NPM (the Office)* ahead of the release of his second report^ into preventing the mistreatment or punishment of people deprived of their liberty.
In this report, Mr Connock identifies that many of the most vulnerable people in Tasmanian society are currently at a heightened risk of inhumane or degrading treatment or punishment. This includes people using disability support services, in aged care, and in closed mental health settings.
Mr Connock says that the effects of mistreatment in these places can be profound, devastating and have a long-lasting impact on the individual as well as the entire community.
“The impact of events of torture and ill-treatment may span for generations beyond the individuals directly harmed and impact communities, such as by developing distrust of government and important institutions,” he said.
“The economic consequences of systemic abuse can be similarly significant, affecting productivity and giving rise to large compensation obligations, which may also diminish a state’s reputation.
“Delayed identification of systemic issues can stymie opportunities for early and preventive intervention through effective policy or procedural reform.”
The forthcoming report follows Mr Connock’s release of Preventing torture and ill-treatment in Tasmania, in December 2023, which provided recommendations related to the implementation of his new office.
Mr Connock said he had received acknowledgement from Attorney General Guy Barnett of receipt of the initial report, but had heard nothing further about implementation of the report’s recommendations.
“Nor have I been provided with the resources needed to fulfil my functions, including positions related to recommendations arising from the Commission of Inquiry into the Tasmanian Government’s responses to Child Sexual Abuse in Institutional Settings (Commission of Inquiry) to visit children and young people deprived of their liberty in non-custodial environments,” he said.
“I acknowledge that the Government has set a July 2026 implementation date for these NPM-related recommendations, however I emphasise that my Office is ready and able to commence these activities now, with appropriate resourcing.
“I hope the release of the supplementary report, which contains four additional recommendations related to the Office’s organisational design, operations and legislative reform, will result in full implementation of my 12 recommendations as soon as possible.
“I consider full implementation of these recommendations critical to keeping some of the most vulnerable people around our state safe from harm.
“I note that the Tasmanian Government has committed to NPM implementation, and I strongly encourage it to accept all implementation recommendations as a matter of priority.”
* The Tasmanian National Preventive Mechanism (NPM) is an independent statutory body established in accordance with the OPCAT Implementation Act 2021 (Tas).
The purpose of the Tasmanian NPM is to prevent the torture, cruel, inhuman or degrading treatment or punishment of people deprived of their liberty by embedding best practice human rights. It does this through proactive oversight of places where people are or may be deprived of their liberty, ongoing cooperation with government and relevant authorities, and by providing education and advice.
The Tasmanian NPM works alongside NPMs across Australia to ensure the fulfilment of Australia’s obligations under the Optional Protocol to the Convention against Torture, Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
Media release – Guy Barnett, Attorney-General and Minister for Justice, 26 November 2024
Tasmania leading the way on OPCAT
A report tabled today in Parliament has highlighted Tasmania’s nation-leading progress in implementing the Optional Protocol to the Convention Against Torture (OPCAT).
This supplementary report to the Tasmanian Government focuses on health and social care, and updates on the implementation of the Tasmanian National Preventative Mechanism (NPM).
Attorney-General and Minister for Justice, Guy Barnett, said that the Tasmanian Government is committed to showing leadership in this space.
“Our Government has an exceptional track record in this space, reinforced by our nation-leading legislation,” the Attorney-General said.
“In the Budget, $1.2 million in ongoing funding was invested specifically to implement the Tasmanian National Preventative Mechanism, improve custodial oversight and monitoring of non custodial settings and to give effect to related Commission of Inquiry recommendations.
“In completing this essential work, Tasmania has established itself as a leader among Australian jurisdictions on OPCAT and the prevention of torture and ill-treatment.
“I would like to thank our Tasmanian NPM, Mr Connock, and his team for their work in preparing their first report, Preventing torture and ill-treatment in Tasmania and the more recent supplementary report.
“Our Government will consider this latest report and take the appropriate action, just as we did when we were the first state to legislate for a comprehensive OPCAT framework.
“Through our 2030 Strong Plan for Tasmania’s Future we are committed to creating better outcomes for all Tasmanians.”
The Tasmanian National Preventative Mechanism is an independent statutory body established in accordance with the OPCAT Implementation Act 2021.
Media release – independent Member for Nelson Meg Webb, 25 November 2025
Government Must Stop Ghosting the Independent TNPM
Independent Member for Nelson Meg Webb said today the State Government must heed the urgent calls by the independent Tasmanian National Preventive Mechanism (TNPM), Mr Richard Connock, and immediately fund the Office so it can fulfil its legislated responsibilities.
“Last week, the Legislative Council voted to pass my motion calling for the Rockliff Government to commit to all recommendations of the TNPM’s Implementation report of last year, to which the government has not even had the decency to provide a formal response,” Ms Webb said.
“There was much self-congratulatory backslapping by the Liberal government following the passage of its legislation in 2021 to establish the TNPM, as being the first jurisdiction in the country to do so.
“After getting that good PR for themselves, it is unconscionable for the Rockliff government to now basically set up this important statutory independent office to fail, by continuing to starve it of the necessary funds and resourcing to ensure it can deliver on its legislated responsibilities.”
Ms Webb said since last year the TNPM has continued to warn there are vulnerable Tasmanians currently at a heightened risk of inhumane or degrading treatment or punishment, including those using disability support services, in aged care, and in closed mental health settings.
“The TNPM cannot do its job to protect their rights due to the government’s failure to provide funding. Any decent government truly driven by compassion and a commitment to good governance would have leapt into action the moment the TNPM released its Implementation Report last year.
“Instead, the Rockliff Government has basically ghosted this important independent statutory office, and turned its back on the international OPCAT agreement to which Australia is a signatory.
“This is an outrageous and unacceptable situation. The majority of the Legislative Council voted in support of my motion last week, calling for the government to act immediately and implement all the TNPM’s 2023 Report’s recommendations.”
Text of Ms Webb’s successful motion on this matter, as passed by the Legislative Council on Tuesday the 19th of November 2024, can be viewed here.
Media release – Tasmanian Aboriginal Legal Service, 25November 2024
FUND THE NPM
The Tasmanian Aboriginal Legal Service today supported Tasmanian National Preventive Mechanism (NPM) Richard Connock’s call on the State Government to commit to effective independent monitoring and oversight to protect hundreds of vulnerable people around Tasmania.
“Basic human rights should be upheld, no matter who you are or where you are,” TALS CEO Jake Smith said.
“Aboriginal people in Tasmania are incredibly vulnerable in settings such as prisons, while being held on remand at police stations or in detention settings.
“Within justice settings, Aboriginal people are significantly over-represented.
“It is critical that Tasmania’s NPM is adequately and fully funded to undertake its function.”
Mr Smith says that across Tasmania, people are being denied their basic rights and are at risk of poor-quality treatment.
“Proper oversight is needed to ensure accountability and action to protect Tasmania’s most vulnerable.
“This includes people receiving aged care or disability support services, in secure mental health settings, and people in police custody.
“Despite being legally empowered to examine the treatment of people in these places, Mr Connock says the funding needed to establish his office and prevent potential abuse has not been forthcoming.”
Mr Smith said the NPM has been given a fraction of the funding requested.
“This means Richard Connock has little capacity to help keep vulnerable Tasmanians safe from harm.”
Mr Smith said proper funding was an essential requirement for Tasmania to meet its basic human rights obligations under the Optional Protocol to the Convention against Torture and other cruel, inhuman or degrading treatment or punishment.
“It is also required for Tasmania to comply with its accepted Commission of Inquiry and Disability Royal Commission recommendations.”
Media release – Ombudsman Tasmania, 19 November 2025
OMBUDSMAN TASMANIA ANNUAL REPORT 2023-24
CALL FOR URGENT IMPLEMENTATION OF RIGHT TO INFORMATION SYSTEM IMPROVEMENTS
Tasmanian Ombudsman Richard Connock has called on the State Government to urgently address issues in the Right to Information (RTI) scheme that have significant impact on people being able to access their own information, particularly from the Department for Education, Children and Young People and the Department of Health.
“Delays and backlogs remain the significant issue in the Right to Information scheme and in external review requests and enquiries to my office,” he said upon the release of the Ombudsman Tasmania 2023-24 Annual Report today.
“Tasmanians want, and deserve, an accountable and open government and a seeming lack of motivation to improve the RTI system is hindering that being achieved.
“I urge the Tasmanian Government to ensure the recommendations of the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings regarding improving RTI are fully implemented as soon as possible.”
Mr Connock said the historical backlog of external review applications awaiting finalisation remained a barrier to timely review and detrimentally impacted the RTI scheme.
“I acknowledge and again express my regret in relation to this,” he said. “My office has, however, made substantial progress to clear this backlog over the 2023-24 period, and delays have been markedly reduced.
“Open external reviews are at their lowest numbers since the 2018-19 financial year and average days open fell by 49% over the past financial year, which illustrates a major reduction in delays to applicants.”
Mr Connock said the issue of limited training opportunities for RTI decision makers, particularly new delegates, remained ongoing.
“Unfortunately, the rollout of training for delegates planned by the Right to Information Uplift Project run by the Department of Premier and Cabinet has not occurred in the 2023-24 financial year,” he said. “I sought additional funding to expand my ability to conduct training and to respond to the Commission of Inquiry’s recommendations, but to date a response has not been provided.
“I have continued to run a limited training program and provide guidance in an ad hoc fashion, while dedicating the majority of my limited resources to the reduction of the backlog in external review requests.”
Mr Connock said his Office continued to receive complaints from people who had been on the waiting list for social housing for extended periods, and were either homeless or at risk of homelessness.
“This has been an ongoing issue now for a number of years and is a result of a limited pool of social housing stock,” he said. “People come to the Ombudsman as a last resort hoping that we can assist but, unfortunately, if there are no houses available and proper processes have been followed, we are unable to help.
“Our staff hear some tragic stories from people who are desperate to have stable accommodation and we have to explain that the assistance we can offer is often limited to checking that proper processes are being followed.”
State Government departments – in particular Justice and Education, Children and Young People – continue to be the subject of the highest number of complaints to the Ombudsman.
Mr Connock said while the overall number of complaints and enquiries relating to State Government departments had decreased from 2022-23, they still made up more than 50% of the complaints made to his office.
“Ombudsman Tasmania has an important role to play in ensuring the administrative actions of Tasmanian public authorities are lawful, reasonable and fair,” he said. “It is vital that Tasmanians continue to have an independent voice that can work with all parties in an impartial and objective way to resolve complaints and address systematic problems in order to improve the quality and standard of Tasmanian public administration.
“The fact that my office received almost 700 complaints in the reporting period indicates that the work of my dedicated team continues to be of significant value to the Tasmanian public.”
Mr Connock said a number of permanent and fixed term positions that had been filled in 2023-24 led to an increase in the Office’s capacity to address complaints and enquiries.
“Suffice to say, the additional staff have made a significant difference to the way we do our work and have made it possible to do a little more than our core work,” he said.
“It is pleasing to know that, upon my retirement in the coming year, this office and its related functions are in a good position to be able to support the transition to a new Ombudsman.”
Mr Connock said the number of complaints from young people detained at Ashley Youth Detention Centre (AYDC) over the last two years had increased significantly, likely due to the publicity caused by the Commission of Inquiry and greater awareness by young people in detention of the complaint options available.
“In the two years prior to 2022-23 complaints from AYDC were in single figures but in 2022-23 there were 42 and in 2023-24 there were 45,” he said.
“The subject matter covered a number of issues such as use of force, being locked in rooms for extended periods, centre rules and interactions with staff members.
“It is heartening that young people are making use of the office to raise concerns about their time in AYDC and we hope to maintain their awareness of the office with regular visits to AYDC by Ombudsman team members.”
Mr Connock said complaints from people in custody continued to be one of the Office’s key areas.
“The Tasmania Prison Service has continued to have challenges with optimum staffing levels and, consequently, the office has received a large number of complaints about lockdowns due to staffing shortages,” he said. “There is little that our Office can do about lockdowns other than comment in a publication such as this on how unacceptable extended lockdowns are and note the detrimental effect they have on people in custody.
“As well as adversely affecting the mental wellbeing of people in custody, extended and repeated lockdowns have a negative impact on access to education, therapeutic and medical appointments and physical exercise. It is essential to address the issue of ongoing lockdowns.”
Media release – Cassy O’Connor MLC, Greens Justice spokesperson, 20 November 2024
Urgent Action Needed on Right to Information System
The State’s Ombudsman, Richard Connock, has again called for reform to the Right to Information system. He must be growing weary of being ignored by the Rockliff Government.
Tasmanians’ ability to access information from government is a critical part of a functioning democracy. It allows the people to keep government and its agencies accountable.
For ten years, the Liberals have parroted lines about transparency, claiming they are committed to a robust, transparent RTI system. The evidence speaks for itself. Delays, redactions, outright denial of information, often in breach of the Act, have become the norm under the Liberals.
A staggering 80% of government or agency decisions to deny or restrict access to information under the Act were varied or set aside. That points to a big problem in a government which has secrecy in its middle name.
If the Liberal government doesn’t have a problem with being open and honest with the people they were elected to serve, they must reform Tasmania’s Right to Information system now.
