Article 4 (18) The Committee, underlining that the conditions that give rise to cruel, inhuman or degrading treatment or punishment frequently facilitate torture and that, therefore, the measures required to prevent torture must be applied to prevent cruel, inhuman or degrading treatment or punishment, believes that the prohibition of ill-treatment has likewise non-derogable nature under the Convention. In this respect, the Committee notes with concern that the Crimes (Torture) Act 1988 does not contain a provision criminalizing cruel, inhuman or degrading treatment (arts. 4 and 16). The State party should introduce a specific offence covering the acts included in article 16 of the Convention; this offence could be also introduced in the State party’s legislation in the context of the possible new offence of torture to be included at the Federal level. Article 5 (19) The Committee is concerned that the State party might have failed to establish its jurisdiction in some cases where Australian nationals have been victims of acts of torture abroad. The State party should consider establishing its jurisdiction over the offences referred to in article 4 of the Convention in all cases listed in article 5 of the Convention, including when the victim is a national of the State party. Articles 3, 6, 7, 8 and 9 (20) The Committee is concerned that under the Mutual Assistance in Criminal Matters Act it is not mandatory (representing only discretionary power) to refuse extradition when there are substantial grounds to believe that this extradition may be in breach of the persons’ rights under the Convention. The State party should ensure that extradition is refused in all cases where extradition would be towards a State where there are substantial grounds to believe that the person would be in danger of being subjected to torture. Article 10 (21) The Committee notes the State party’s reply indicating that all law enforcement and military personnel, including contractors, are provided with training on their obligations under the Convention against Torture prior to overseas deployment, but is concerned that this training is not systematic. The State party should ensure that education and training of all law enforcement or military personnel, including contractors, are conducted on a regular basis, in particular for personnel deployed overseas. This should include training on interrogation rules, instructions and methods, and specific training on how to identify signs of torture and cruel, inhuman or degrading treatment. Such personnel should also be instructed to report such incidents. The State party should also regularly evaluate the training provided to its law enforcement and military personnel and contractors, as well as ensure regular and independent monitoring of their conduct. (22) The Committee notes that training on human rights obligations is provided for immigration officials and personnel employed at immigration detention centres; however it is concerned over reports that such training is inadequate. The State party should ensure that education and training of all immigration officials and personnel, including health service providers, employed at immigration detention centres, are conducted on a regular basis. The State party should also regularly evaluate the training provided. 50