Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 responding to terrorism, are consistent with Australia’s international obligations and contain appropriate safeguards for protecting the rights of individuals. The INSLM also assesses whether Australia’s counter-terrorism laws are being used for matters unrelated to terrorism and national security. 96. Four reports have been released by the INSLM to date.86 In these reports to Parliament, the INSLM has raised concerns about: • Control orders87 • Preventive detention orders – which are described as not effective, not appropriate and not necessary, and that they should be abolished88 • Questioning and detention warrants – while noting that separate provisions for questioning warrants are appropriate89 • The need for enhancements to terrorism laws to address involvement of Australians in armed conflict abroad, to better enable passport cancellation,90 and the need for clearer definitions relating to terrorism.91 97. In addition to proposing amendments to ensure the appropriateness of counter-terrorism laws, the INSLM has concluded in each report that there is nothing ‘to suggest that the CT Laws have been used during the period under review for matters unrelated to terrorism and national security’.92 98. The INSLM has expressed concern at the failure of successive governments to implement the recommended legislative reforms contained in his reports. In his fourth report he stated: It can be said that most of the recommendations in the INSLM’s Third Annual Report itself were designed to enhance the capacity of Australian authorities and agencies to detect, investigate and prosecute terrorist offences. The official silence since those recommendations were made prompts repetition of the comment first expressed in the INSLM’s Third Annual Report: “When there is no apparent response to recommendations that would increase powers and authority to counter terrorism, some skepticism may start to take root about the political imperative to have the most effective and appropriate counterterrorism laws.”93 99. The Commission is concerned that the position of INSLM has remained vacant since the conclusion of the term of the first appointee, Mr Bret Walker SC on 21 April 2014. The Commission notes that the appointment of the next INSLM is under consideration by the Australian government and urges the government to appoint the second INSLM as soon as possible. 100. In 2014, new national security laws have been introduced to Parliament: 101. • National Security Legislation Amendment Act (No.1) 2014 (Cth) • Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014. The Commission has provided qualified support for the National Security Legislation Amendment Act (No.1) 2014 (Cth) on the basis that it provides 25