Jill Hall (Shortland, Australian Labor Party) Share this | Hansard source

Thank you very much, Deputy Speaker Entsch. You, like me, are very familiar with the region where the boat was lost. We have both visited Saibai Island and have seen just how close Saibai Island is to Papua New Guinea. But before I get to the substance of my debate I have to say I was pretty disappointed with that last contribution to this debate. It is about playing politics with this issue, calling on Minister Bowen and Minister Macklin when this is something that happened under the previous government. I was not even going to refer to that in my contribution to this debate until the member for Herbert decided to politicise an issue that I congratulate the member for Leichhardt on bringing to this House. I know that he is a member who is totally committed to his electorate and the people he represents in this House—unlike, I am sorry to say, the member for Herbert, who wanted to play politics with a motion that was brought to the House with such goodwill. I have to put on record my disappointment with the member for Herbert for trying to play politics with something as significant as this.

As I said at the commencement of my contribution to this debate, you only have to stand on the shores of Saibai Island or Thursday Island and look out into the Torres Strait to know just how this is such a busy seaway and to know that people take risks there every day. The particular disaster occurred on 14 October 2005, when the Malu Sara was returning from Saibai Island to the Torres Strait and its home in the community of Badu Island when it disappeared. On board were five people. There was a skipper, someone from immigration and three passengers, including a four-year-old girl. It is very sad that a four-year-old girl, with so much to look forward to in life, would lose her life in this way.

The skipper contacted the department office and reported that they were sinking. Rescue operations were undertaken by various authorities over a period of six days. After that it was abandoned. There was only one survivor subsequently found, and that survivor was found by an Indonesian fisherman. It was a very sad event with a great loss to the family and also to all of the communities in the Torres Strait. I know it would have been devastating for those communities because I know how close they are and how important each and every family member is. This disaster would have reverberated throughout the Torres Strait, and I am sure its effects are still being felt.

I note the findings of the coroner’s inquiry. He first published his findings in February 2009. There have been some very scathing comments made about this whole incident, particularly the fact, as I think we can quite honestly say in this place, that things did not happen in the way we would expect them to happen in a number of cases. I noted the member for Throsby saying that he was happy to work with the member for Leichhardt to see if he could do something to help those memorials to be built. I give that same undertaking to the member for Leichhardt as I am happy to work with him on this. As for the result of what happened, Comcare are still instigating an inquiry and they are still involved with a civil court proceeding against Subsee Explorer Pty Ltd, the company that was engaged to supply the department with five vessels, for breach of federal work, health and safety laws. The matter is still before the Federal Court, so I really cannot comment on that. I have been told that what happened has led to changes, and I think that there always need to be more changes taking place after a tragedy like this.

I turn to look a little bit more at the motion. There is the fact that the respondent, the department, admitted liability, which is a positive because they did not try to hide the fact that they were in the wrong. I think governments should—as should individuals—always admit it if the wrong thing happens. As the member for Leichhardt rightly points out in his motion, the process was so flawed. The court fined the respondent—the department—$242,000. This is where we probably get into a bit of trouble, with legislating to establish a trust for the benefit of the families. I would like to suggest to the member for Leichhardt that he put together some sort of a budget submission for funds to be set aside for the trust, as opposed to putting it in the motion, because I do not think that much will come out of this because it does have a financial implication as to the memorials. What the member for Leichhardt would like to do is to take it to another level and to do that I think he needs to look at a way to actually do that. As for the fine, from a legal perspective it is really difficult to take that $242,000 and put it into a trust. A lot of work has to happen along the way as it is not an automatic thing that you can transfer a fine to a trust. I think what he can do is put together some sort of a submission that argues for that to take place so it all ends up being something that will really deliver to the people that the member for Leichhardt would like to see this delivered to. It is really important that we all learn from what happened up in the Torres Strait back in 2005.

It is also important to note that there have been two claims for compensation that have been paid. One was mediated on and resolved on 27 May 2010. Rightly, the terms of settlement are being regarded as confidential. I think that that has absolutely no bearing on what the member for Leichhardt is trying to achieve here; it is not one or the other. There was a second settlement that was agreed to later last year, which once again was mediated on and agreed to; it provided the family with some recompense for the losses that they incurred. But, no matter what financial compensation is paid, those families have lost their loved ones. At the commencement of my contribution to this debate, I emphasised the importance of family to people that live in the Torres Strait, and that is where even a memorial might be a more lasting way to preserve the memories of those people that were lost. But, before that can happen, I would like to suggest again to the member for Leichhardt that maybe he could put together a budget submission and look at seeking funding through the appropriate channels. So I congratulate him on bringing this motion to the House. It is an important motion that deals with safety in the Torres Strait. (Time expired)

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