Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 6 Counter-terrorism and National Security LOIPR: paras 6, 7 and 46 – measures to respond to threats of terror and their impact on human rights protections Relevant provisions of the CAT: Article 2 Key issues: • The Commission welcomes the creation of the position of Independent National Security Legislation Monitor (INSLM) in 2010. The INSLM's role is to review the operation, effectiveness and implications of Australia’s counterterrorism and national security legislation on an ongoing basis: o This includes considering whether the laws contain appropriate safeguards for protecting the rights of individuals, remain proportionate to any threat of terrorism or threat to national security or both, and remain necessary o It includes an annual assessment of whether counter-terrorism laws have been used for matters unrelated to terrorism and national security. • In his reports to Parliament, the INSLM has raised concerns about: o Control orders o Preventive detention orders – which are described as not effective, not appropriate and not necessary, and that they should be abolished o Questioning and detention warrants – while noting that separate provisions for questioning warrants are appropriate o The need for enhancements to terrorism laws to address involvement of Australians in armed conflict abroad, to better enable passport cancellation, and the need for clearer definitions relating to terrorism. • The Commission is concerned that many key recommendations in the annual reports of the INSLM have not been implemented. Further, the position has been vacant since 21 April 2014. • In 2014, new national security laws have been introduced to Parliament: o National Security Legislation Amendment Act (No.1) 2014 (Cth) o Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (Foreign Fighters Bill) • The Commission has provided qualified support for the National Security Legislation Amendment Act (No.1) 2014 (Cth) on the basis that it provides necessary updates to Australia’s national security protections. However, the Commission has also noted that in some instances, the provisions of this law extends beyond what is reasonable in the circumstances and unduly infringes human rights. • In particular, the Commission has expressed concern that this law: o Provides overly broad immunities and protections to security agencies in the conduct of Special Intelligence Operations (SIOs) 23