{"id":"sl-2024-34","name":"Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Regulation 2024","slug":"monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-regulation-202","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"34 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173547,"registerId":"act-sl-2024-34-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Regulation 2024","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMonitoring of Places of Detention\n(Optional Protocol to the Convention\nAgainst Torture) Regulation 2024\nSL2024-34\nmade under the\nMonitoring of Places of Detention (Optional Protocol to the\nConvention Against Torture) Act 2018\nRepublication No 1\nEffective: 18 September 2024\nRepublication date: 18 September 2024\nRegulation not amended\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Monitoring of Places of Detention (Optional Protocol to the\nConvention Against Torture) Regulation 2024, made under the Monitoring of Places of Detention\n(Optional Protocol to the Convention Against Torture) Act 2018 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 18 September 2024.\nIt also includes any commencement, repeal or expiry affecting this republished law.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial amendments\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR1\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Regulation 2024\nEffective: 18/09/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMonitoring of Places of Detention\n(Optional Protocol to the Convention\nAgainst Torture) Regulation 2024\nmade under the\nMonitoring of Places of Detention (Optional Protocol to the\nConvention Against Torture) Act 2018\nContents\nPage\n1 Name of regulation 2\n2 NPM entities—Act, s 8C (2) 2\n3 Functions of the NPM—guidelines—Act, s 8E (3) (c) 2\n4 Arrangements for staff—Act, s 8G 2\nEndnotes\n1 About the endnotes 3\n\nContents\nPage\ncontents 2 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Regulation 2024\nEffective: 18/09/24\nR1\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2 Abbreviation key 3\n3 Legislation history 4\n\nR1\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Regulation 2024\nEffective: 18/09/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMonitoring of Places of Detention\n(Optional Protocol to the Convention\nAgainst Torture) Regulation 2024\nmade under the\nMonitoring of Places of Detention (Optional Protocol to the\nConvention Against Torture) Act 2018\n\nSection 1\npage 2 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Regulation 2024\nEffective: 18/09/24\nR1\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Monitoring of Places of Detention (Optional\nProtocol to the Convention Against Torture) Regulation 2024.\n2 NPM entities—Act, s 8C (2)\nThe NPM is comprised of—\n(a) the custodial inspector; and\n(b) the human rights commission; and\n(c) the ombudsman.\n3 Functions of the NPM—guidelines—Act, s 8E (3) (c)\nThe guidelines must provide for how the entities that comprise the\nNPM work together to efficiently and effectively exercise functions\nas the NPM.\n4 Arrangements for staff—Act, s 8G\n(1) This section applies if the Commonwealth Ombudsman is the\nombudsman.\n(2) A person who is a member of the ombudsman staff under the\nOmbudsman Act 1989, section 30 (2) (b) is prescribed.\nNote The person must be appointed or employed under the Public Service\nAct 1999 (Cwlth).\n\nEndnotes\nAbout the endnotes 1\nR1\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Regulation 2024\nEffective: 18/09/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 4 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Regulation 2024\nEffective: 18/09/24\nR1\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was made as part of the Monitoring of Places of Detention\nLegislation Amendment Act 2024 (see A2024-41, sch 2) and is taken to have been\nmade under the Monitoring of Places of Detention (Optional Protocol to the\nConvention Against Torture) Act 2018 A2018-3 (see A2024-41, s 4 (1)).\nMonitoring of Places of Detention (Optional Protocol to the\nConvention Against Torture) Regulation 2024 SL2024-34\ntaken to have been notified LR 17 September 2024 (A2024-41\ns 4 (2) (a))\ns 1 commenced 17 September 2024 (LA s 75 (1))\nremainder commenced 18 September 2024 (A2024-41 s 4 (2) (b))\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This regulation remains tightly focused on its original purpose: establishing the administrative machinery for the NPM under the parent Act. It does not expand beyond designating entities, requiring cooperation guidelines, and addressing staffing. The scope is appropriately narrow for subordinate legislation."},"complexity_factors":["Extremely short – only 4 operative sections","No defined terms section; relies on definitions in parent Act","Minimal conditional logic – only one simple condition in section 4 regarding Commonwealth Ombudsman","No nested exceptions or complex cross-referencing","Straightforward administrative machinery provisions","Single purpose: operationalising the parent Act's framework"],"plain_english_summary":"This regulation implements Australia’s OPCAT obligations by establishing how the ACT monitors places of detention to prevent torture and ill‑treatment. It names the Custodial Inspector, the Human Rights Commission and the Ombudsman as the National Preventive Mechanism and requires them to prepare guidelines for coordinated inspections and resource‑sharing.\n\nIt also clarifies staffing arrangements (including staff of the Commonwealth Ombudsman). It affects people in custody and strengthens independent accountability and transparency of detention oversight."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation implements and clarifies how the Monitoring of Places of Detention Act 2018 operates in practice by specifying which entities form the NPM, requiring cooperation guidelines, and prescribing staff arrangements when the Commonwealth Ombudsman is the ombudsman (ss 2–4). It does not, on its face, expand the statutory powers or add new regulatory reach beyond the Act; it operationalises existing provisions."},"complexity_factors":["Short, narrowly focused instrument with four operative sections (ss 1–4).","Defines NPM composition by naming three entities (custodial inspector; human rights commission; ombudsman) (s 2).","Requires inter‑entity operational guidelines, creating administrative coordination obligations but not detailed procedures (s 3).","Prescribes staff status only where the Commonwealth Ombudsman is the ombudsman, cross‑referencing Ombudsman Act 1989 and Public Service Act 1999 (s 4) — legal cross‑references add minor interpretive steps.","No new offences, fees or complex regulatory regimes introduced; implementation depends on existing agencies' administrative arrangements (implicit across ss 2–4)."],"plain_english_summary":"**What this regulation does.** This regulation names the bodies that make up the National Preventive Mechanism (NPM) for monitoring places of detention and requires guidelines on how they work together. It also prescribes staff arrangements where the Commonwealth Ombudsman performs the ombudsman role. Who it affects and why it matters: the custodial inspector, the Human Rights Commission, the Ombudsman and relevant public service staff — it clarifies who is responsible for carrying out monitoring functions under the Optional Protocol framework."}},"importantCases":[],"_links":{"self":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-regulation-202","history":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-regulation-202/history","analysis":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-regulation-202/analysis","conflicts":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-regulation-202/conflicts","importantCases":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-regulation-202/important-cases","documents":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-regulation-202/documents"}}