TORRES NEWS - The Department of Immigration (DIAC) has taken the first steps to adhere to its recent undertakings to achieve a quick and fair resolution to ongoing legal actions following the Malu Sara tragedy four years ago.
In a communique received on 22 October, the department told Maurice Blackburn Lawyers, who represent two of the families involved in legal proceedings, that the department wants to hold mediation with the claimants “before Christmas”.
Maurice Blackburn Lawyers’ Laura Neill said the department made the offer in a bid to accelerate the process to try to obtain a speedy resolution.
“That is good news. However, of concern, is that there has been no formal admission of liability, but it’s the first step.
“It would be ideal if we could mediate with all the defendants, not only DIAC.”
(The other defendants are the State Government – Queensland Police and Maritime Services - as well as the Australian Maritime Safety Authority (AMSA) which incorporates Australian Search and Rescue (AusSAR) and boat builders SubSee.)
DIAC Secretary Andrew Metcalfe has committed the department to a quick resolution to legal actions in an interview with the Torres News almost a fortnight ago and subsequently to a Senate Estimates Hearing in Canberra last week.
Ms Neill said the parties would consider any discussions on a settlement of the case and says she is certainly amenable to any early settlement of the claims.
Ms Neill was commenting on a statement from Senator Russell Trood who believes there is a possibility the Department of Immigration and Citizenship (DIAC) could make a Cornelia Rau type of settlement as a way of saving time for the families.
Senator Trood was commenting following the Senate Estimates Committee hearing in Canberra during which the Malu Sara case was discussed at length.
“Where there are multiple claims, settlements can be complicated, but they (DIAC) have undertaken to put pressure on the government lawyers to resolve the issues as quickly as they could.
“They would seriously consider a settlement given the time and difficulties some of the families are facing,” Senator Trood said.
Ms Neill told the Torres News earlier last week: “If a settlement is being considered then that needs to filter down to the people who are acting on behalf of the government.
“They’re treating this at present like they would case where someone fell over on the footpath.
“This is news to me, but I’m not against anything along those lines.
“It certainly would be in the (DIAC) Department’s interests to get to resolved quickly, given all the bad publicity they’re getting and will continue to get.
“But more importantly it is in the families’ interests to have it resolved quickly so that they can put this behind them.”
On the issue of compensation, Mr Metcalfe told the Senate Estimates Hearing: “The Department will be seeking to ensure speedy justice and proper compensation to be payable.”
Senator Trood said he was reassured to learn that the Department was committed to seek that proper and speedy compensation to be payable.
As a result of Senator Trood’s questioning, Mr Metcalfe also revealed that the Department would elect not to use the statute of limitations defence if any other families sought financial recourse.
“I am encouraged by the Department’s public remorse and believe we can be hopeful that the Mr Metcalfe is fully committed to support and recognise the sorrow of the families of the victims of this preventable tragedy,” Senator Trood said.
Under the terms of the Cornelia Rau case, Ms Rau received $2.6 million in compensation. In addition, the Commonwealth paid Ms Rau’s legal costs.
Ms Rau was detained in immigration detention from 31 March, 2004, to 3 February, 2005, despite being an Australian permanent resident.
“This was obviously a terrible experience for Ms Rau and we hope this settlement will enable Ms Rau to finally move forward with her life,” Minister Senator Chris Evans said in announcing the settlement in March, 2008.
“The Rudd Government made a commitment to resolve Ms Rau’s compensation claim as quickly as possible and we have honoured that commitment in just three months.
“The $2.6 million settlement is a substantial increase on the offer made by the previous government.”
The offer takes account of all the evidence presented on Ms Rau’s behalf and was made having regard to senior counsel’s advice.
“As Ms Rau herself commented after the compensation was announced: ‘My life has been on hold for the past three years.’
“Ms Rau’s protracted compensation claim is one of the many regrettable immigration legacies of the former Howard Government that we are committed to resolving,” Senator Evans said.
By Mark Bousen