Australia, wh~ther the special rehabilitation centres referred to in the
report offered social as well as medical services; whether they were financed
by the state and federal authorities or privately; and how many persons
benefited from such services. With reference to the matter of compensation
for victims of torture, members of the Committee wished to know whether
offences committed by a public official always entailed state responsibility
and observed that the maximum amounts awarded as compensation were not very
high and that the children of victims were not entitled to any compensation
for grief.
199. With regard to article 15 of the Convention, members of the Committee
pointed out that the report referred only to the non-admissibility of
confessions and admissions obtained by force and not to statements of all
kinds, which included evidence and expert reports, and wished to know whether
there were specific arrangements made within each jurisdiction to ensure that
confessions or admissions obtained by coercion would not be admissible or used
as evidence in Australian courts.
200. Concerning article 16 of the Convention, it was asked whether Australia
still allowed corporal punishment in schools and wnat legal and administrative
penalties were applicable to public officials who inflicted cruel, inhuman or
degrading treatment or punishment. In addition, it was pointed out that the
penalty of life sentences in cases of rape could be characterized as cruel
treatment and clarification was sought as to how Australia could justify such
sentences.
201. In his reply, the representative of Australia referred to the division of
jurisdiction between the Federation and the states existing in his country,
and explained that federal areas of jurisdiction were specifically enunciated
in the Constitution; all others belonged to the states. Generally, criminal
law was a matter for the jurisdiction of the states. Thus, offences which
constituted a violation of the Convention were punished according to the
legislation of the state concerned. On the other hand, the federal Government
ensured that the legislation of each state was in conformity with the
obligations resulting from international commitments.
202. With regard to the Human Rights and Equal Opportunity Commission and its
links with the states, the representative explained that it worked in liaison
and in cooperation with related bodies in the states. If a complaint was
filed with the Commission, it conducted an investigation. If the nature of
the offence justified proceedings, the Commission transmitted the results of
the investigation to the police of the state concerned, which determined
whether the act was a violation of the legislation of that state. The fact
that the Commission was a federal body guaranteed that, if necessary, all
those responsible for an offence could be charged and that complaints would
not go unheard. The Human Rights Commissioner was responsible for offences
which were within the scope of the Convention. Each state and the
Commonwealth had either an ombudsman or a body with the same powers which was
authorized to hear complaints concerning both state and federal legislation.
A person who was a victim of a human rights violation could therefore apply to
several bodies.
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