Australian Politics and Policy - Senior, 2019a

Australian Politics and Policy
Table 3 Compatibility of Australian law and order policy with the International
Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights (ICCPR)
(adopted by the UN in 1966, ratified by Australia in 1980)
Articles that protect against punitive policies
Physical integrity
Article7:prohibitstortureandcruel,inhuman
or degrading punishment
Liberty and security
Article9:prohibitsarbitraryarrestand
detention; deprivation of liberty must be
according to law; restricts the use of pre-trial
detention (remand)
Article 10: individuals deprived of liberty must
be treated with dignity and humanity; prisons
must be focused on rehabilitation, as opposed
to retribution; prisoners on remand must be
separated from convicted prisoners; children
mustbeseparatedfromadultsinprison
Procedural fairness
Article 14: trials should be completed in a
timely manner; the presumption of innocence
Individual liberty
Article12:righttofreedomofmovement–can
only be restricted to protect national security,
public order, health or the rights/freedoms of
others
Article 17: right to privacy
Articles 21 and 22: right to freedom of
association
Incompatible Australian policies
Counterterrorism laws
Indefinite post-sentence detention for
people convicted of terrorism
Controlorderstorestrictanindividual’s
movements and communications – no
requirement for individual to be
chargedortohavepreviouslybeen
involved in an act of terrorism
Punishment and prison conditions
Mandatory sentencing
Presumption against bail
Lack of culturally appropriate
diversionary options for Indigenous
offenders
Prison overcrowding raises concerns
about privacy, dignity and hygiene
Solitary confinement for extensive
periods of time
Excessive routine strip searches
Preventative detention of serious sex
and violent offenders
Children
Curfews for children (e.g. Northbridge,
WA, does not allow children under 12
and without supervision to go outside
after dark, Miriam Vale, Qld, does not
allow children under 15 and without
supervision to go outside after 8pm).
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