That this House:

(1)   notes 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:

(a)   the Court found that the respondent admitted liability;

(b)   the Coroner found significant aspects of the investigation into the incident were severely flawed;

(c)   a number of agencies of both the Queensland Government and the Commonwealth Government were strongly criticised for their involvement in events leading up to and during the incident; and

(d)   the Court fined the respondent the amount of $242,000, being the maximum penalty;

(2)   in light of both the judgment and the Coroner’s report, calls on the Government to:

(a)   examine ways of providing educational assistance to the children of the victims and to support appropriate commemorations on Badu, Iama and Thursday islands;

(b)   construct appropriate memorials on Badu, Iama and Thursday Islands 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; and

(c)   fully examine the Court’s judgment, including the contractors and others named in the report of the Queensland Coroner, into the same incident;

(3)   strongly encourages the 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;

(4)   condemns the Department of Immigration and Citizenship for its gross negligence; and

(5)   expresses its deep sympathy to the victims of this tragedy.