16National Preventive Mechanism Body function

#### 16 National Preventive Mechanism Body function (1) For the purposes of paragraph 4(2)(a) of the Act, the National Preventive Mechanism Body function is conferred on the Ombudsman. (2) The National Preventive Mechanism Body function is to be performed for the purposes of giving effect to the Commonwealth’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Optional Protocol), so far as those obligations relate to places of detention under the control of the Commonwealth. > Note: The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment is in Australian Treaty Series 2018 No. 5 (\[2018\] ATS 5) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). (3) The National Preventive Mechanism Body function includes the following: (a) undertaking regular inspections of places of detention; (b) giving information to the United Nations Subcommittee on Prevention of Torture and other Cruel or Degrading Treatment or Punishment to facilitate the inspection of places of detention by the Subcommittee; (c) functions incidental to the function of National Preventive Mechanism Body. (4) For the purposes of this section, the Commonwealth’s obligations under the Optional Protocol do not include the obligations of each of the States and Territories under the Optional Protocol.