Carol Brown (Tasmania, Australian Labor Party, Shadow Assistant Minister for Infrastructure and Regional Tourism) Share this | Hansard source

I would like to make a brief contribution to what is an extremely important piece of legislation. The Marine Safety (Domestic Commercial Vessel) National Law Amendment (Improving Safety) Bill 2019 is an example of parliament at its best. Damien Mills tragically lost his life when he fell overboard while on a charter vessel between Rottnest Island and Fremantle in Western Australia on 31 October 2014. Mr Mills worked in Perth as a mortgage broker and was on a daytime cruise with 36 other people, most of whom he did not know. The cruise was organised by Hobart loans provider Pepper Group. It was a social affair with many guests drinking and the boat was quite crowded. When they were back in Fremantle, guests quickly got off the boat because many of them had felt that it was unsafe. The seas were rough and there had been very large waves hitting the boat and knocking people off their feet.

Damien's death was devastating for his wife, family and friends. It was also preventable. When inquiring into the circumstances surrounding Mr Mills's death, the Western Australian state coroner noted that, if a proper headcount of passengers when they were embarking and disembarking the vessel had been in place, Mr Mills would still be with us today. When he appeared in the Coroner's Court, the cruise-company owner and boat skipper, Daniel Lippiatt, insisted that he had done a headcount and Mr Mills had disembarked. His claims were rejected by the coroner, Sarah Linton. Ms Linton was critical of the two-person crew for not doing more to make sure that passengers who had been drinking alcohol were safe and aware of the rough conditions and that they stayed seated. When handing down her report, Ms Linton said:

This was a particularly tragic case, involving the death of a hardworking father of a young family who went out for a simple day of socialising and networking as part of his business and never returned home.

She also said she preferred headcounts be mandatory rather than recommended and that a proper supervision of passengers should occur. To quote Ms Linton again:

If that had been done in this case, the deceased might still be alive today

Following the coroner's report on Damien's death, Mr Mills's wife and father decided to take action. They want the coroner's recommendation of two compulsory headcounts enacted. As a part of their advocacy for change, Nicole and Richard met with Senator Sterle. As legislators, we have the unique capacity to effect long-lasting change. We have processes that help us gather the information we need to inform that change and expert advice that helps us convert the policy change we are seeking to legislate. Senator Sterle has done all that for the Mills family and for the safety of future passengers. As outlined in the explanatory memorandum, the purpose of this bill is to guarantee the safety of passengers on domestic commercial vessels. The bill will require masters of those vessels to conduct a minimum of two headcounts of their passengers. The two headcounts must be conducted at the beginning and the end of each voyage. At present, only one headcount is required, which can be carried out at any time. The bill does not seek to impose this requirement on class 4 vessels, vessels used for public transport or vessels that are more than 24 metres long.

By bringing the bill forward, Senator Sterle is demonstrating to the Mills family and many others like them that our parliament can work for them. The coroner's report was delivered on 30 October 2017, and in her report the coroner noted that there was evidence that Mr Mills's death may have been preventable if his disappearance had been identified sooner. The coroner concluded that the evidence underscored the need for simple processes, such as performing careful and orderly headcounts and supervising passengers properly while on board, which should have been undertaken by the crew of the charter boat to ensure the safety of their passengers.

The coroner also noted that the court had been informed by AMSA that they understand the safety issues raised by the death of Mr Mills, and that it is AMSA's intention that steps will be taken to promote headcounts as a safety measure. In her report, the coroner urged AMSA to ensure that safety systems are implemented and duly carried out by operators with care and diligence. It is now February 2020, more than two years after the release of the coroner's report, and we are yet to see any real action from AMSA. Not only have AMSA failed to act; the government has not intervened to ensure AMSA meets the undertakings they gave the Coroner's Court of Western Australia. It is quite disappointing to hear from Senator Brockman that the government will not be supporting a bill that will make a real difference—a bill that seeks to legislate a very simple but very important measure to ensure the safety of passengers.

Senator Brockman also talked about AMSA needing to take the time to get it right. Well, frankly, that time has come and gone. It's been two years since the coroner's report, and there has been no real action. Senator Brockman talked about doing things in a timely manner. It's no wonder Mr Mills's family has had enough of waiting. This is a bill that seeks to ensure people do get home safely. There's no impact, as Senator Sterle has indicated, on the fishing and agricultural industry—no impact. Those opposite talked about flexibility. Flexibility must not come at the expense of passenger safety.

This is a good bill. I urge the government to change its position and support this bill, which will give some comfort to the Mills family and, importantly, ensure that people do get home safely. As Senator Sterle said in his second reading speech, this is Damien's law. I hope that today we'll see the passing of this law as the first stage of this important legislation being enacted.