The Department of Immigration and Citizenship (DIAC) will not invoke the statute of limitations in compensation claims following the Malu Sara tragedy more than four years ago.
The Department has finally received approval from the Federal Attorney-General’s office not to raise the statute of limitations as a defence.
DIAC has indicated previously it would not proceed with the limitation process, but final approval had to be provided by the Attorney-General. This has now been forthcoming.
Under the legislation, the statute-of-limitations could apply three years after the incident at the heart of the claim; that was October last year.
However, Coroner Michael Barnes did not hand down his findings until about six months after the expiration of the three-years’ deadline, effectively delaying any legal action until he had done so.
The Immigration Department boat sank in the waters of the Torres Strait while travelling between Saibai and Badu in October, 2005.
A coronial inquest blamed the incompetence of an immigration official and a state police officer.
Five people, including a five-year-old girl, died when their distress calls were virtually ignored by departmental staff and Queensland police.
Ms Laura Neill, from Maurice Blackburn Lawyers (for John Saub and Fred Joe), welcomed the decision.
“That’s good news; I would have been surprised if they had raised that defence; but it is good news, especially with the mediation coming up.”
The department has received two notices of claim for civil compensation relating to individuals who were on board the Malu Sara, and is “currently considering the notices”.
One claim was received on July 27 (from John Saub) and the other on October 20 (from Fred Joe), with mediation for one of the claims (John Saub) scheduled in the coming weeks.
The Torres News understands mediation on Mr Saub’s claim will start on Monday, November 30, in Cairns.
A legal expert told the Torres News: “It should take one day, but these things are hard to tell.”
DIAC, as well as the Australian Maritime Safety Authority (AMSA) which incorporates Australian Search and Rescue (AusSAR), will also take part in the mediation hearing.
The department says it has provided the families of the deceased employees with information on the process for claiming compensation and the Comcare forms (which applies to to the families of DIAC employees, the Late Wilfred Baira and Ted Harry).
The department has also offered assistance to the families for completing and lodging the forms.
Other defendants are the State Government – Queensland Police and Maritime Services - and boat-builders SubSee.
The State says it is not in a position to attend the mediation.
Source:torresnews.com.au
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