CHAPTER ONE - OVERVIEW AND CONDUCT OF THE INQUIRY
Origin of the Inquiry
1.1
On 25 June
2001 the Senate referred the matter of the role of AusSAR in the
search for the Margaret J to the Senate Rural and Regional
Affairs and Transport Legislation Committee for inquiry.[1]
1.2
AusSAR (Australian Search and Rescue) is the search and
rescue division of the Australian Maritime Safety Authority (AMSA), charged
with the provision of search and rescue services under section 6 of the Australian Maritime Safety Authority Act
1990.
1.3
The Margaret J went
missing in April 2001. Tragically, the three men on board, Mr
Ronald Hill, Mr
Robert Kirkpatrick
and Mr Kimm
Giles, lost their lives.
1.4
Public controversy surrounded AusSARs role in the
search for the Margaret J. Concern
about AusSARs performance rekindled disquiet about AMSAs role in the search
for the missing Tasmanian fishing vessel Red
Baron in December 1995. The relationship between state and Commonwealth
search and rescue agencies, and the transfer of responsibility for the search
for the Red Baron, was a matter of
particular concern. In response to criticism of AMSAs role, the agency said:
The reality is the coordination arrangements were inadequate at
the time. There was no appropriate mechanism for determining which authority
had responsibility. There were problems in the coordination.[2]
1.5
The Committee initially proposed to conduct its first
public hearing into the matter on 19
July 2001. Following correspondence from the Tasmania Police, legal
opinion from Mr K Bell QC and Ms D Mortimer of Douglas Menzies Chambers in Melbourne
on behalf of the Australian Maritime Safety Authority (AMSA), and advice from Mr
Harry Evans,
Clerk of the Senate, the Committee resolved to defer hearings until a later
date.
1.6
Issues raised by Tasmania Police concerned the inquirys
timing and potential to conflict with the coronial inquest and issues relating
to speculation arising from media coverage.
AMSAs legal advice indicated that the Committees inquiry might
prejudice the conduct of the coronial inquest.
1.7
Further correspondence from Tasmania Police dated 9 August 2001, advised that the
coronial inquest would be delayed and reiterated the original request to defer
the inquiry until after the completion of the inquest. The Committee resolved to commence the
inquiry and scheduled public hearings for 20 August 2001 in Canberra
and 14 September 2001 in Launceston,
Tasmania.
1.8
Correspondence dated 20 August 2001 from Mr
Lorenzo Lodge,
Crown Counsel, Tasmanian Office of Director of Public Prosecutions, outlined
concerns that evidence obtained in the Committees inquiry could pre-determine
the issue and undermine the Coroners determination. Based on this request, the Committee resolved
to not proceed with scheduled public hearings and deferred the inquiry pending
the Coroners report.
1.9
The Committee tabled an interim report on 27 June 2002. This report indicated that the Committee had
not completed its inquiry during the course of the 39th Parliament
and recommended that the inquiry continue during the 40th
Parliament. The recommendation was adopted by the Senate.[3]
1.10
The report of the Coroner, Mr
Donald Jones,
was released on Monday, 26 August 2002.
Conduct of the Inquiry
1.11
The Committee received and authorised for publication
three submissions (see Appendix 1).
1.12
The Committee held two public hearings, in Canberra on
19 September 2002 and Launceston on 27 November 2002, hearing evidence from
officers of AMSA, Tasmania Police and local mariner and life raft surveyor, Mr Jim
Hooper (see Appendix 2).
1.13
Submissions and transcripts of the hearings are
available at the Parliament House website www.aph.gov.au.
1.14
The Committees findings are informed by submissions to
this inquiry, evidence taken at public hearings, responses to questions on
notice, and the coronial report.
1.15
While the Committees work was informed by the coronial
report, the Committee did not seek to duplicate the inquiry undertaken by the
Coroner pursuant to Tasmanian legislation. The Committee notes that the
coronial inquiry involved 21 days of extended sitting hours, evidence by 48
witnesses, 208 exhibits and a transcript of proceedings that stretched to 3 700
pages.[4]
1.16
The Committee delayed public hearings, and has
subsequently delayed the presentation of its report, in order to minimise the
creation of difficulties for any legal proceedings, including criminal
prosecutions and civil suits, arising from the search for the Margaret J.