The UN has demanded to inspect Australia's jails. This is why one state is turning officials away

Australia has signed a UN treaty that must authorise official visits to inspect its prisons. But NSW has pushed back against foreigners entering its centres in the name of safety.

Seven UN representatives were refused entry into Queanbeyan court, where they intended to visit and speak with detainees in the holding cells. Credit: Steve Bittinger

Key Points

• Human rights advocates have demanded answers from NSW after UN delegates were barred from inspecting a prison.
• During the UN visit, the subcommittee planned to attend prisons and detention centres unannounced under its mandate.

The Greens and human rights advocates have demanded answers from the NSW government after officials refused to let UN delegates inspect cells on a special visit to Australia.

A NSW Corrections Services spokesperson confirmed that seven UN representatives tried to visit court cells in Queanbeyan in the state's southeast, on Tuesday, but were barred from entering.

In a joint statement, more than half a dozen civil society organisations, including Amnesty International, the Human Rights Law Centre and the Aboriginal Legal Centre expressed their concern about NSW's decision.

"The UN Subcommittee must be provided access to these places of detention to be able to assess the conditions and treatment of prisoners," the statement said.

The UN said its subcommittee has the right to carry out visits to all detention centres in Australia, as well as conduct private interviews with people deprived of their liberty.

Why is the United Nations visiting Australian prisons?

The UN's Subcommittee on Prevention of Torture is in Australia on a 12-day trip to assess the conditions of Australia's prison and detention centres.

Australia is one of 91 countries that ratified a UN treaty called the Optional Protocol to the Convention against Torture (OPCAT) in 2017.

Under the treaty's mandate, all ratified countries must allow the subcommittee to attend their prisons and detention centres including court cells and mental health wards - that is, where people are deprived of liberty - without notice, hindrance or witnesses

The treaty also requires all ratified countries to establish an independent body to prevent torture, which was originally due in January 2022. Australia lagged behind and was granted a one-year extension.

In its visit to Australia, the subcommittee planned to check its progress on creating this mechanism, as well as check the conditions of its prisons.

Why won't NSW allow the UN to visit prisons?

The NSW Corrections Services spokesperson said the UN officials were refused entry because they did not receive "prior approval".

NSW Corrections Minister Geoff Lee said it was "unnecessary" for the UN to visit the state's prisons when there were other countries, like Iran, that should be assessed.

NSW Corrections Services Minister Geoff Lee defended the decision to refuse entry to the United Nations delegates from assessing court cells on Tuesday. Source: AAP / Dan Himbrechts

"It's really unnecessary, I think, for the UN to demand to get into our jail system. We run a safe and orderly system. We don't torture people," he told 2GB on Thursday.

"Why do taxpayers have to foot the bill for the UN coming to Australia? Aren't they better off going to places like Iran? You see people getting tortured in jails all the time there."

Mr Lee said the dispute was an ongoing one, with the Commonwealth and NSW failing to reach a "safety operations and funding" agreement.

"The whole role of our jail system is to keep people It's not to allow people to just let people wander through at their leisure," he said.

NSW Premier Dominic Perrottet defended the decision, citing safety as a priority as well.

"Our prison system is there ultimately to do one thing and that is to keep the people of NSW safe," Mr Perrottet said on Wednesday.

'What exactly are you hiding?'

Since NSW's decision became public, Queensland Health also confirmed to the Guardian it would not allow the UN officials to enter its mental health wards in detention facilities and remand centres due to restrictions in its Mental Health legislation.

“We are supporting the United Nations' subcommittee’s upcoming visit by facilitating interviews with patients and staff and providing access to documents about our mental health facilities, in line with our legislative and privacy obligations," the spokesperson told the Guardian.

Mr Perrottet hailed Queensland's crackdown against the visits as a "great decision".

Victoria has taken a different approach, with SBS News confirming its Department of Justice and Community Safety will help the UN in its visit if it chooses to visit its prisons.

“We welcome the United Nations Subcommittee on the Prevention of Torture this month and will support their visit in any way we can,” a spokesperson said.

NT Department of the Attorney-General and Justice also confirmed to SBS News that as Australia is a signatory to OPCAT, it will not infringe on the ability of UN officials to enter its prisons or detention centres.

Greens MP Jenny Leong hit back at the NSW government's decision to refuse entry on Wednesday, demanding answers from the government.

"What exactly are you hiding and what don't you want them to see?" she asked during Question Time on Wednesday.

First Nations advocacy group Change the Record described NSW's refusal as a "cynical move" that proves the importance of the treaty to be implemented across the country.

Head of policy at Save the Children Australia, Simon Henderson, described NSW's decision as "incredible and deeply concerning".

"This isn't something you expect to see in Australia," he wrote on Twitter.

SBS News has contacted Victoria Corrections and the UN delegation for comment.