MEDIA RELEASE 
 
Media Enquiries: National Communications (02) 6264 2244 
 
113.09 
17 December 2009 
Malu Sara tragedy: DIAC acts on Comcares findings 
 
The Department of Immigration and Citizenship (DIAC) will carefully study the 
findings released today from the Comcare investigation into the loss of five people 
in October 2005 on board the immigration vessel, the Malu Sara. 
  
Secretary Andrew Metcalfe said the tragedy led to a major review to ensure DIAC 
did everything it could to avoid such a tragedy ever happening again.  
 
At the core of the departments actions following the tragedy has been our concern 
for the immediate and extended families, friends and colleagues of those who were 
lost. In addition to public expressions of sorrow, I have recently written personally 
to the families of those who were lost to say sorry and again extend our sympathy 
to them, Mr Metcalfe said today.   
 
Mr Metcalfe said much work had already been done to improve immigration 
operations in the Torres Strait since 2005.  
 
DIAC has not waited for the various inquiries into this tragic accident to be 
completed before taking action, Mr Metcalfe said. We immediately withdrew the 
boats from service following the tragedy and commenced an internal investigation 
into aspects of the loss of the Malu Sara. We do not plan to use boats again and 
they will be appropriately disposed of when Comcare releases them back to us.  
 
We undertook a review of our Torres Strait operations and established a North 
Queensland headquarters based in Cairns. In addition, a dedicated contracts and 
procurement advice area was established to provide staff with expert in-house legal 
advice at every stage of the procurement process. 
 
The department also signed a Memorandum of Understanding with other 
Commonwealth agencies operating vessels in the Torres Strait, governing the 
sharing of marine assets, and standards and procedures for the operation of the 
vessels. We are committed to working with Comcare and other agencies to 
establish what processes can be further refined in terms of procurement, contract 
management and training, the secretary said.  
 
Clearly there are also major implications for other agencies and individuals. DIAC 
has cooperated fully with Comcare and other agencies during their investigations. 
We have accepted the findings from these investigations and will continue to 
improve our processes, he added. 
 
The departments view is that Comcare's findings do not affect the current civil 
compensation claims received in connection with the loss of the Malu Sara and it is 
committed to resolving these claims in a fair and accountable way. Mediation for the 
first of these claims is scheduled for early next year. The second claim will be 
considered for mediation after all relevant information has been received.