Debate resumed, on motion by Mr Entsch:

That this House:

(1)

notes:

(a)

the judgment of the Federal Court of Australia in Comcare v The Commonwealth (FCA 1331), and the report of the Queensland coroner inquest into the loss of the Malu Sara, and in particular that:

(i)

the court found that the respondent admitted liability;

(ii)

the coroner found significant aspects of the investigation into the incident were severely flawed; and

(iii)

a number of agencies of both the Queensland government and the Australian government were strongly criticised for their involvement in events leading up to and during the incident; and

(b)

that the court fined the respondent $242 000, the maximum penalty;

(2)

in light of both the judgment and the coroner’s report, calls on the government to:

(a)

legislate to establish a trust for the benefit of the families of the victims to commemorate the tragic loss;

(b)

transfer the fine imposed by the court to the trust, as well as allocate additional funds to provide continuing financial support to the victims’ families and provide a lasting legacy to the community;

(c)

fully examine the court’s judgment, including the contractors and others named in the report of the Queensland coroner into the same incident; and

(d)

construct appropriate memorials on Badu Island and Thursday Island to properly commemorate this tragic event and provide respectful places for the families of the victims to pay their respects and remember their loved ones;

(3)

strongly encourages the Australian government to ensure that the Department of Immigration and Citizenship’s contract and tendering procedures are fully reviewed to ensure that lapses such as this do not occur again; and

(4)

expresses its deep sympathy to the victims of this tragedy.

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