Footnotes
[1] Victorian Council for Civil Liberties Incorporated
v Minister for Immigration & Multicultural Affairs (& summary) [2001] FCA
1297 (11 September 2001).
[2] Transcript of the Prime Minister, the Hon. John
Howard, interview on Radio 3AW, Melbourne, 31 August 2001.
[3] Answers to Questions on Notice, Australian
Maritime Safety Authority (AMSA), 5 July 2002, Timeline for Tampa Incident, p.5.
[4] Answers to Questions on Notice, AMSA, 5 July 2002,
Timeline for Tampa Incident, pp. 4-9.
[5] Answers to Questions on Notice, AMSA, 5 July 2002,
Timeline for Tampa Incident, p.9.
[6] Answers to Questions on Notice, AMSA, 5 July 2002,
Timeline for Tampa Incident, p.10.
[7] Answers to Questions on Notice, AMSA, 5 July 2002,
Timeline for Tampa Incident, p.10.
[8] Answers to Questions on Notice, AMSA, 5 July 2002,
Timeline for Tampa Incident, p.11.
[9] Nathan Hancock, Refugee Law – Recent Legislative Developments, Current Issues Brief
No.5 2001-02, Department of the Parliamentary Library, p.4.
[10] Nathan Hancock, Refugee Law – Recent Legislative Developments, p.4.
[11] Victorian Council for Civil Liberties
Incorporated v Minister for Immigration & Multicultural Affairs.
[12] PST Notes, High Level Group - 28 August 2001.
[13] Transcript of the Prime Minister, the Hon. John
Howard MP, Doorstop Interview, Melbourne, 31 August 2001.
[14] Submission 44, Senate Foreign Affairs, Defence
and Trade Inquiry into Australia’s Relationship with Papua New Guinea and Other
Pacific Island Countries, p.34.
[15] Australian National Audit Office (ANAO), Management Framework for Preventing Unlawful
Entry into Australian Territory, Audit Report No. 57, 2001-2002, p.80.
[16] Submission 44, Senate Foreign Affairs, Defence
and Trade Inquiry into Australia’s Relationship with Papua New Guinea and Other
Pacific Island Countries, p.34.
[17] Refugees
Arrive in Australia from Manus, Media Release 77/2002, DIMIA, 1 October
2002.
[18] Outcome of
Processing of Offshore Entry Persons, DIMIA, Response to Question 6, Senate
Inquiry into Migration Amendment (Further Border Protection Measures) Bill
2002, Tabled 17 September 2002.Outcome of
Processing of Offshore Entry Persons
[19] Asylum
Review Decisions on Nauru and Manus, Media Release DPS 72/2002, DIMIA, 18
September 2002.
[20] Asylum
Review Decisions on Nauru and Manus.
[21] Outcome of
Processing of Offshore Entry Persons.
[22] See PST Notes, High Level Group.
[23] Note that after the Federal Election on 10
November 2001, the Department of Immigration and Multicultural Affairs (DIMA)
became the Department of Immigration and Multicultural and Indigenous Affairs
(DIMIA).
[24] See PST Notes, High Level Group.
[25] Transcript
of Evidence, CMI [Certain Maritime Incident] 1930. See also Transcript of Evidence, CMI 1995.
[26] Transcript
of Evidence, CMI 1925 and 1934. See also section on intelligence in Chapter
2.
[27] Transcript
of Evidence, CMI 1933.
[28] Transcript
of Evidence, CMI 1999.
[29] Transcript
of Evidence, CMI 2001.
[30] See Notes, High Level Group (PST).
[31] Transcript
of Evidence, CMI 1924.
[32] Answers to Questions on Notice, AFP, 30 July
2002, p.1.
[33] Answers to Questions on Notice, AFP, 30 July
2002, passim.
[34] Transcript
of Evidence, CMI 1934
[35] Transcript
of Evidence, CMI 1925. Note that later written answers to question on
notice received from the AFP puts the number of unauthorised arrivals prevented
from departing for Australia at 4,000.
[36] Transcript
of Evidence, CMI 1938-39.
[37] Transcript
of Evidence, CMI 1938-39.
[38] Transcript
of Evidence, CMI 1969-70.
[39] Transcript
of Evidence, CMI 1953.
[40] Transcript
of Evidence, CMI 1955.
[41] Transcript
of Evidence, CMI 1944; Answers to
Questions on Notice, AFP, 30 July 2002, p.5.
[42] Answers to Questions on Notice, AFP, 30 July
2002, p.5. See also Transcript of
Evidence, CMI p.1941.
[43] DIMIA, Transcript
of Evidence, CMI 2002-3.
[44] Ms Halton. Transcript
of Evidence, CMI 2008.
[45] Transcript
of Evidence, CMI 1943.
[46] Rear Admiral Chris Ritchie, Transcript of Evidence, CMI 405.
[47] Vice Admiral David Shackleton, Transcript of Evidence, CMI 60.
[48] Additional Information, Department of Defence,
Talking points for Senate Legislation Committee Additional Estimates Hearing,
February 2002.
[49] Transcript
of Evidence, CMI 472.
[50] Transcript
of Evidence, CMI 472.
[51] Additional Information, Department of Defence,
Talking points for Senate Legislation Committee Additional Estimates Hearing,
February 2002.
[52] Transcript
of Evidence, CMI 404.
[53] Transcript
of Evidence, CMI 448 and 490.
[54] Transcript
of Evidence, CMI 448 and 460.
[55] Transcript
of Evidence, CMI 404-5. The Chair of the PST, Ms Halton, also emphasised
the primacy given to safety of life at sea when operational matters were being
considered, such as whether SIEVs could be safely towed back to international
waters. See Transcript of Evidence,
CMI 945.
[56] Transcript
of Evidence, CMI 470.
[57] Transcript
of Evidence, CMI 470. See also Answers to Questions on Notice, Department
of Defence, Question 8.
[58] Transcript
of Evidence, CMI 449.
[59] Transcript
of Evidence, CMI 167.
[60] Transcript
of Evidence, CMI 166.
[61] Transcript
of Evidence, CMI 451.
[62] Transcript
of Evidence, CMI 451.
[63] Transcript
of Evidence, CMI 403.
[64] Transcript
of Evidence, CMI 451.
[65] Transcript
of Evidence, CMI 403.
[66] Answers to Questions on Notice, Ms Jane Halton,
14 May 2002, p.2.
[67] Transcript of Evidence, CMI 451.
[68] Transcript
of Evidence, CMI 56.
[69] Transcript
of Evidence, CMI 56.
[70] Enclosure 1 to the Powell Report, Statement by
Brigadier Silverstone, pp.2, 5.
[71] Transcript
of Evidence, CMI 454.
[72] Transcript
of Evidence, CMI 324.
[73] See the discussion on tow-back in Transcript of Evidence, CMI 508, 876,
915-17, 945.
[74] Transcript
of Evidence, CMI 350.
[75] Transcript
of Evidence, CMI 365.
[76] Transcript
of Evidence, CMI 448.
[77] Transcript
of Evidence, CMI 1628.
[78] Department of Defence, Questions on Notice,
Question W59.
[79] Rear Admiral Ritchie, Transcript of Evidence, Estimates, Senate Foreign Affairs, Defence
and Trade Legislation Committee, 4 June 2002, p.135. See also Department of
Defence, Questions on Notice, Question W59.
[80] Transcript
of Evidence, CMI 453.
[81] RADM Bonser, Transcript
of Evidence, CMI 1629.
[82] Transcript
of Evidence, CMI 488.
[83] Attachment A, Minister for Defence to CMI,
(undated, received 4 July 2002), pp.1-2.
[84] Transcript
of Evidence, CMI 1826-8.
[85] ANAO, Management
Framework for Preventing Unlawful Entry into Australian Territory, Audit
Report No. 57 2001-2002, p.51.
[86] ANAO, Management
Framework for Preventing Unlawful Entry into Australian Territory,
pp.38-39, 46 and 51-52. See also Transcript
of Evidence, CMI 859, 1997-98.
[87] Transcript
of Evidence, CMI 1884-1885, 1996.
[88] Transcript
of Evidence, CMI 1925.
[89] Transcript
of Evidence, CMI 1780. Colonel Gallagher told the Committee that Defence
Signals Directorate (DSD) material went to both the ADF and DIMIA (CMI 1733).
The limited use of signals intelligence might reflect the fact that many of the
SIEVs were not equipped with radio or telecommunications. Air Commodore Byrne,
Commander of the RAAF Maritime Patrol Group, told the Committee that, in his
knowledge, ‘no intelligence from a radio beacon has been pertinent to Operation
Relex over the last 11 months’, Transcript
of Evidence, CMI 2162.
[90] Transcript
of Evidence, CMI 1892-3.
[91] Transcript
of Evidence, CMI 1895.
[92] Transcript
of Evidence, CMI 1895.
[93] Rear Admiral Ritchie, Transcript of Evidence, Estimates, Senate Foreign Affairs, Defence
and Trade Legislation Committee, 4 June 2002, p.161. See also Colonel
Gallagher, Transcript of Evidence,
CMI 1888-89.
[94] Transcript
of Evidence, CMI 1149.
[95] The relevant instruction was Defence Instruction
(General) (DIG 08-1) of August 2001. For comment on the instruction, see Submission No. 13.
[96] The ranks of Brigadier (Army), Commodore (RAN)
and Air Commodore (RAAF) are at the one star level.
[97] Answers to Questions on Notice, Department of
Defence, Question 25.
[98] Answers to Questions on Notice, Department of
Defence, Questions 25 and 26.
[99] Transcript
of Evidence, CMI 1143.
[100] Transcript
of Evidence, CMI 1144.
[101] Transcript
of Evidence, CMI 1143.
[102] Transcript
of Evidence, CMI 1148. The Ministerial staff involved in the discussions
were Mr Ross Hampton, media adviser, Mr Mike Scrafton, military adviser,
and Mr Peter Hendy, chief of staff.
[103] Answers to Questions on Notice, Department of Defence,
Question 31.
[104] Transcript
of Evidence, CMI 1150.
[105] Transcript
of Evidence, CMI 1150.
[106] Enclosure 1 to Powell Report, Statement by Rear
Admiral Adams, Deputy Chief of Navy.
[107] Transcript
of Evidence, CMI 1156.
[108] Transcript
of Evidence, CMI 1179.
[109] Transcript
of Evidence, CMI 1151.
[110] Transcript
of Evidence, CMI 1152.
[111] Transcript
of Evidence, CMI 1152.
[112] Transcript
of Evidence, CMI 1152, 1161.
[113] Transcript
of Evidence, CMI 1154; Correspondence from Mr Brian Humphreys, dated 29
April 2002.
[114] Transcript
of Evidence, CMI 502.
[115] Transcript
of Evidence, CMI 502.
[116] Transcript
of Evidence, CMI 502.
[117] Transcript
of Evidence, CMI 503.
[118] Transcript
of Evidence, CMI 502.
[119] Transcript
of Evidence, CMI 462.
[120] Transcript
of Evidence, CMI 504.
[121] Transcript
of Evidence, CMI 457.
[122] Transcript
of Evidence, CMI 661.
[123] Transcript
of Evidence, CMI 508.
[124] Answers to Questions on Notice, Department of
Defence, Question 11.
[125] Answers to Questions on Notice, Department of
Defence, Question 11.
[126] See,for example, Transcript of Evidence, CMI 296.
[127] In addition to the twelve numbered SIEVs, a
small number of boats have attempted to land outside the designated area of
Relex’s operation in the period since 3 September 2001. See Additional
Information, Department of Defence, Talking points for Senate Legislation
Committee Additional Estimates Hearing, February 2002.
[128] Matrix, tabled by Rear Admiral Smith, 5 April
2002.
[129] Transcript
of Evidence, CMI 452.
[130] Matrix, tabled by Rear Admiral Smith, 5 April
2002; Transcript of Evidence, CMI
506.
[131] Transcript
of Evidence, CMI 507.
[132] Transcript
of Evidence, CMI 507.
[133] Transcript
of Evidence, CMI 512.
[134] Transcript
of Evidence, CMI 448.
[135] Transcript
of Evidence, CMI 448.
[136] Transcript
of Evidence, CMI 448.
[137] Transcript
of Evidence, CMI 490.
[138] Transcript
of Evidence, CMI 62.
[139] Transcript
of Evidence, CMI 62.
[140] Transcript
of Evidence, CMI 68ff and passim.
[141] Transcript
of Evidence, CMI 68.
[142] Commander Norman Banks, Transcript of Evidence, CMI 156-157.
[143] Transcript
of Evidence, CMI 159.
[144] Transcript
of Evidence, CMI 167.
[145] Transcript
of Evidence, CMI 158. Note that these instructions were altered for boats
arriving subsequent to SIEV 4, to allow for SIEVs to be towed back to Indonesia
rather than simply escorted to the edge of the Australian contiguous zone. See Transcript of Evidence, CMI 508.
[146] Transcript
of Evidence, CMI 503.
[147] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M/LAB dated 101136Z Oct 01.
[148] The time is the time at HMAS Adelaide or ‘Golf’ time.
[149] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M/LAB dated 101136Z Oct 01.
[150] Transcript
of Evidence, CMI 159.
[151] Transcript
of Evidence, CMI 159.
[152] Transcript
of Evidence, CMI 160.
[153] Transcript
of Evidence, CMI 160.
[154] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M/LAB dated 101136Z Oct 01.
[155] Transcript
of Evidence, CMI 160.
[156] Transcript
of Evidence, CMI 160.
[157] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M dated 062200Z Oct 01 (Sitrep 8).
[158] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M dated 062300Z Oct 01 (Sitrep 9).
[159] Transcript
of Evidence, CMI 161; and Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M/LAB dated 101136Z Oct 01.
[160] Transcript
of Evidence, CMI 162.
[161] Transcript
of Evidence, CMI 162; Enclosure 2 to the Powell Report, HMAS Adelaide SIC
I3M/LAB dated 101136Z Oct 01; and Enclosure 2 to the Powell Report, HMAS
Adelaide SIC I3M dated 070015Z Oct 01 (Sitrep 10).
[162] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M dated 070145Z Oct 01 (Sitrep 12).
[163] Transcript
of Evidence, CMI 163.
[164] Transcript
of Evidence, CMI 163.
[165] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M/LAB dated 101136Z Oct 01.
[166] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M dated 070330Z Oct 01.
[167] Transcript
of Evidence, CMI 163.
[168] Transcript
of Evidence, CMI 163.
[169] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M/LAB dated 110002Z Oct 01.
[170] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M dated 070829Z Oct 01 (Sitrep 16).
[171] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M dated 070829Z Oct 01 (Sitrep 16); and Enclosure 2 to the Powell Report,
HMAS Adelaide SIC I3M/LAB dated 110002Z Oct 01.
[172] Transcript
of Evidence, CMI 163.
[173] Transcript
of Evidence, CMI 164.
[174] Transcript
of Evidence, CMI 163.
[175] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M/LAB dated 110002Z Oct 01.
[176] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M dated 072239Z Oct 01 (Sitrep 18).
[177] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M/LAB dated 110002Z Oct 01.
[178] Transcript
of Evidence, CMI 164.
[179] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M/LAB dated 110002Z Oct 01.
[180] Transcript
of Evidence, CMI 164.
[181] Transcript
of Evidence, CMI 164.
[182] Ops Room Narrative, p.80; see also Transcript of Evidence, CMI 294-295.
[183] Transcript
of Evidence, CMI 296. See also Transcript
of Evidence, CMI 185: ‘Transferring the people to the Adelaide would have been a mission failure ... Taking them on board Adelaide in other than a safety of life
at sea situation would have been a mission failure’.
[184] Transcript
of Evidence, CMI 298.
[185] Transcript
of Evidence, CMI 297.
[186] Transcript
of Evidence, CMI 297.
[187] Transcript
of Evidence, CMI 299.
[188] Transcript
of Evidence, CMI 300.
[189] Transcript
of Evidence, CMI 166.
[190] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M dated 081336Z Oct 01 (Sitrep 27).
[191] Transcript
of Evidence, CMI 166.
[192] Transcript
of Evidence, CMI 166; and Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M/LAB dated 110002Z Oct 01.
[193] Transcript
of Evidence, CMI 166.
[194] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M/LAB dated 110002Z Oct 01.
[195] Transcript
of Evidence, CMI 167.
[196] Transcript
of Evidence, CMI 167.
[197] Transcript
of Evidence, CMI 273.
[198] Enclosure 2 to the Powell Report, email from
JOO-NORCOM on 11/10/2001 13:45; and, Transcript
of Evidence, CMI 342-342, 349.
[199] Transcript
of Evidence, CMI 335-336.
[200] Transcript
of Evidence, CMI 341-342; Enclosure 2 to the Powell Report, email from
JOO-NORCOM on 11/10/2001 13:45; and diary note tabled by Brigadier Silverstone
on 4 April 2002.
[201] Transcript
of Evidence, CMI 329.
[202] Transcript
of Evidence, CMI 337.
[203] Transcript
of Evidence, CMI 226, 248.
[204] See particularly the evidence of Commander
Banks, Brigadier Silverstone, Rear Admiral Smith, Rear Admiral Ritchie and Air
Vice Marshal Titheridge.
[205] HMAS
Adelaide Boarding Log; and Enclosure 2 to the Powell Report, HMAS Adelaide
SIC I3M/LAB dated 101136Z Oct 01, ‘SIEV 04 List of Chronological Events’.
[206] HMAS
Adelaide Boarding Log; and Enclosure 1 to the Powell Report, Statements
from HMAS Adelaide crew in the matter
of Man Overboard Incident SIEV 04.
[207] Transcript
of Evidence, CMI 226, 248-249.
[208] Enclosure 1 to the Powell Report, Statements
from HMAS Adelaide crew in the matter
of Man Overboard Incident SIEV 04.
[209] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC ADA/I3M dated 110330Z Oct 01, ‘Op Relex - Commanding Officers Statement
Reference SIEV 04 Manoverboards’.
[210] Transcript
of Evidence, CMI 161.
[211] Transcript
of Evidence, CMI 417.
[212] Transcript
of Evidence, CMI 161.
[213] Transcript
of Evidence, CMI 349; see also Transcript
of Evidence, CMI 335, 337.
[214] Transcript
of Evidence, CMI 337, 336.
[215] Transcript
of Evidence, CMI 425.
[216] Transcript
of Evidence, CMI 534, 679, 427.
[217] Transcript
of Evidence, CMI 418.
[218] Transcript
of Evidence, CMI 419.
[219] Transcript
of Evidence, CMI 687.
[220] Answers to Questions on Notice, Department of
Defence, Question W58.
[221] Transcript
of Evidence, CMI 736; see also Transcript
of Evidence, CMI 720-721.
[222] Transcript
of Evidence, CMI 900.
[223] Transcript
of Evidence, CMI 340.
[224] Transcript
of Evidence, CMI 200.
[225] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC ADA/I3M dated 110330Z Oct 01, ‘Op Relex - Commanding Officers Statement
reference SIEV 04 Manoverboards’.
[226] Enclosure 2 to the Powell Report, HMAS Adelaide
SIC ADA/I3M dated 110330Z Oct 01, ‘Op Relex - Commanding Officers Statement
reference SIEV 04 Manoverboards’.
[227] Transcript
of Evidence, CMI 260.
[228] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Committee, 21 February 2002, p.147.
[229] Transcript
of Evidence, CMI 260.
[230] Enclosure 1 to the Powell Report, Statements
from HMAS Adelaide crew in the matter
of Man Overboard Incident SIEV 04.
[231] Transcript
of Evidence, CMI 200-201.
[232] Transcript
of Evidence, CMI 206.
[233] Transcript
of Evidence, CMI 201ff.
[234] Transcript
of Evidence, CMI 202.
[235] Transcript
of Evidence, CMI 255.
[236] Transcript
of Evidence, CMI 255.
[237] Transcript
of Evidence, CMI 206.
[238] Transcript
of Evidence, CMI 206.
[239] Transcript
of Evidence, CMI 326.
[240] Transcript
of Evidence, CMI 250.
[241] Enclosure 2 to the Powell Report, email from
JOO-NORCOM on 11/10/2001 13:45.
[242] Transcript
of Evidence, CMI 343.
[243] Ms Jennifer Bryant, Investigation into Advice provided to Ministers on ‘Siev 4’: Report
prepared on behalf of the People Smuggling Task Force [hereafter Bryant
Report], 21 January 2002, p.9; and, Transcript
of Evidence, CMI 888.
[244] Bryant Report, p.iii.
[245] Answers to Questions on Notice, Department of
Defence, Question W58.
[246] Transcript
of Evidence, CMI 684-686.
[247] Transcript
of Evidence, CMI 900.
[248] Transcript
of Evidence, CMI 886.
[249] Transcript
of Evidence, CMI 888.
[250] Transcript
of Evidence, CMI 888; and Bryant Report, p.9.
[251] Bryant Report, p.9.
[252] Enclosure 1 to Powell Report, Statement by Rear
Admiral Geoffrey Smith; Bryant Report, p.6.
[253] ‘Options for Handling Unauthorised Arrivals:
Christmas Island Boat’, included in Enclosure to Bryant Report, under statement
by Ms Jane Halton.
[254] Transcript
of Evidence, CMI 349.
[255] Transcript
of Evidence, CMI 466.
[256] Transcript
of Evidence, CMI 347-348.
[257] Transcript
of Evidence, CMI 349.
[258] Transcript
of Evidence, CMI 351.
[259] Transcript
of Evidence, CMI 351.
[260] Transcript
of Evidence, CMI 466.
[261] Transcript
of Evidence, CMI 372.
[262] Transcript
of Evidence, CMI 705.
[263] Transcript
of Evidence, CMI 706, 719.
[264] Transcript
of Evidence, CMI 719.
[265] Answers to Questions on Notice, Department of
Defence, Question W58.
[266] Transcript
of Evidence, CMI 886.
[267] Transcript
of Evidence, CMI 886.
[268] Transcript
of Evidence, CMI 948.
[269] Transcript
of Evidence, CMI 786.
[270] Transcript
of Evidence, CMI 741-742.
[271] Transcript
of Evidence, CMI 787.
[272] Powell Report, p.4.
[273] Powell Report, p.5.
[274] Enclosure 1 to Powell Report, Statement by
Brigadier Mike Silverstone, p.5.
[275] Enclosure 1 to Powell Report, Statement by
Brigadier Mike Silverstone, Attachment 2, p.5.
[276] Transcript
of Evidence, CMI 1210.
[277] Enclosure 1 to Powell Report, Statement by Rear
Admiral Chris Ritchie, p.4.
[278] Enclosure 1 to Powell Report, Statement by Rear
Admiral Chris Ritchie, p.4.
[279] Enclosure to Bryant Report, Statement by
Brigadier Mike Silverstone, p.1; Enclosure to Bryant Report, Statement by Rear
Admiral Geoffrey Smith, p.1; Transcript
of Evidence, CMI 360, 584.
[280] Enclosure 1 to Powell Report, Statement by
Brigadier Mike Silverstone, Attachment 2, p.3; see also, Enclosure to Bryant
Report, Statement by Brigadier Mike Silverstone, p.2.
[281] Transcript
of Evidence, CMI 584-585.
[282] Transcript
of Evidence, CMI 585.
[283] Transcript
of Evidence, CMI 255.
[284] Enclosure 1 to Powell Report, Statement by
Brigadier Mike Silverstone, Attachment 2. Brigadier Silverstone in fact wrote:
‘I’m not surprised that CO Adelaide
cannot clearly recall just what he said on AM 7 Oct 01, given the rapidly
changing situation associated with the management of SIEV 04 at the time I
phoned’.
[285] Enclosure 2 to Powell Report, email JOO-NORCOM
dated 11/10/2001 13:45.
[286] Enclosure 1 to Powell Report, Statement by
Brigadier Mike Silverstone, Attachment 2, p.3.
[287] HMAS
Adelaide Boarding Log; and, Enclosure 2 to Powell Report, HMAS Adelaide SIC ADA/I3M dated 110330Z Oct
01, ‘Op Relex - Commanding Officers Statement Reference SIEV 4 Manoverboards’.
[288] Enclosure 1 to Powell Report, Statement by
Brigadier Mike Silverstone, Attachment 2, p.3.
[289] Transcript
of Evidence, CMI 281.
[290] Transcript
of Evidence, CMI 280.
[291] Transcript
of Evidence, CMI 278.
[292] Enclosure 2 to Powell Report, HMAS Adelaide SIC ADA/I3M dated 110330Z Oct
01, ‘Op Relex - Commanding Officers Statement Reference SIEV 4 Manoverboards’.
[293] Enclosure 2 to Powell Report, HMAS Adelaide SIC ADA/I3M dated 110330Z Oct
01, ‘Op Relex - Commanding Officers Statement Reference SIEV 4 Manoverboards’.
[294] Transcript
of Evidence, CMI 203.
[295] Enclosure 1 to Powell Report, Service Police
Statement by Able Seaman Wade Theo Gerrits (10 October 2001), submitted as part
of Statement by Commander Norman Banks.
[296] These are the statements from Letts, Koller,
Chapman, Blennerhassett, Heedes, von Kelaita, Walker, Black, Gullidge, and
Skells. Enclosure 1 to Powell Report, submitted as part of Statement by
Commander Norman Banks.
[297] These are the statements from Hynes, Naree,
Nixon, Barker, and Piper. Enclosure 1 to Powell Report, submitted as part of
Statement by Commander Norman Banks.
[298] Transcript
of Evidence, CMI 168.
[299] Transcript
of Evidence, CMI 168.
[300] Enclosure to Bryant Report, Statement by Rear
Admiral Geoffrey Smith, p.1.
[301] Enclosure to Bryant Report, Statement by Rear
Admiral Geoffrey Smith, p.2.
[302] Enclosure 1 to Powell Report, Statement by Rear
Admiral Chris Ritchie, p.2.
[303] Transcript
of Evidence, CMI 203.
[304] Enclosure 1 to Powell Report, Statement by
Brigadier Mike Silverstone, Attachment 2, p.3.
[305] Enclosure 1 to Powell Report, Statement by Rear
Admiral Chris Ritchie, p.2.
[306] Enclosure 1 to Powell Report, Statement by Rear
Admiral Chris Ritchie, p.2. Rear Admiral Ritchie states that he believes this
information to have come from a conversation between Rear Admiral Smith and
Commander Banks. The statement notes that the video shows one child held over
the side, people jumping of their own volition, and a 13 year old pushed over.
[307] Enclosure 1 to Powell Report, Statement by Rear
Admiral Chris Ritchie, p.2; Transcript of
Evidence, CMI 368-369.
[308] Transcript
of Evidence, CMI 262.
[309] Enclosure 1 to Powell Report, Service Police
Statement by Able Seaman Wade Theo Gerrits (10 October 2001), submitted as part
of Statement by Commander Norman Banks.
[310] Enclosure 1 to Powell Report, Statement by
Brigadier Mike Silverstone, Attachment 2, p.3; Transcript of Evidence, CMI 585.
[311] Transcript
of Evidence, CMI 585. The chronology is contained at Enclosure 2 to Powell
Report, HMAS Adelaide SIC I3M/LAB
dated 101136Z Oct 01, ‘Op Relex - Siev 04 List of Chronological Events for the
07 Oct 01 Boarding’.
[312] Transcript
of Evidence, CMI 585. Note that Rear Admiral Ritchie’s testimony is silent
on this conversation, and states that he only became fully convinced that there
was no evidence supporting the claim on 11 October 2001.
[313] Transcript
of Evidence, CMI 585. See note above.
[314] Transcript
of Evidence, CMI 585.
[315] Transcript
of Evidence, CMI 243, 274. This statement is contained at Enclosure 2 to
Powell Report, HMAS Adelaide SIC
ADA/I3M dated 110330Z Oct 01, ‘Op Relex - Commanding Officers Statement
Reference SIEV 04 Manoverboards’
[316] Transcript
of Evidence, CMI 274; Enclosure 1 to Powell Report, Statement by Brigadier
Mike Silverstone, Attachment 2, p.3.
[317] Enclosure 1 to Powell Report, Statement by
Brigadier Mike Silverstone, Attachment 2, p.3. The email is contained at
Enclosure 2 to Powell Report, JOO-NORCOM on 11/10/2001 13:45, ‘Op Relex -
Statements’.
[318] Transcript
of Evidence, CMI 369.
[319] Enclosure to Bryant Report, Statement by Rear
Admiral Chris Ritchie. His belief is corroborated by Rear Admiral Smith’s
recollection of a conversation between himself and Air Vice Marshal Titheridge.
A week or two after 11 October, Rear Admiral Smith said that he was speaking to
AVM Titheridge and asked him ‘if he knew that there was no evidence to support
the claim that children were thrown overboard. Air Vice Marshal Titheridge
confirmed that he knew this’. Enclosure to Bryant Report, Statement by Rear
Admiral Geoffrey Smith.
[320] Transcript
of Evidence, CMI 373.
[321] Enclosure 1 to Powell Report, Statement by Rear
Admiral Chris Ritchie, p.3.
[322] Transcript
of Evidence, CMI 157; Air Commodore P.D. Ekin-Smyth, The Report of the Routine Inquiry into Operation Relex: Suspected
Illegal Entry Vessel (SIEV 4) Handling of Photographic and other Imagery and
Implementation of the Public Affairs Plan, [hereafter Ekin-Smyth Report] 6
March 2002, p.4. Note that it is possible that ‘individual members of the
company of HMAS Adelaide created
other images for personal purposes despite instructions by the Commanding
Officer that this was not to occur’. Ekin-Smyth Report, p.3.
[323] Ekin-Smyth Report, p.4.
[324] Transcript
of Evidence, CMI 166; see also, Enclosure 1 to Powell Report, Statement by
Brigadier Mike Silverstone, Attachment 3, email JOO-NORCOM dated 9/10/01 18:08
[which attaches Commander Banks’s original email, and the titles given to the
photographs].
[325] Bryant Report, p.14; Enclosure 1 to Powell
Report, Statement by Brigadier Mike Silverstone, Attachment 3, email JOO-NORCOM
dated 9/10/01 18:08 [which attaches Commander Banks’s original email, and the
titles given to the photographs].
[326] Enclosure 1 to Powell Report, Statement by
Brigadier Mike Silverstone, Attachment 3, email JOO-NORCOM dated 9/10/01 18:08.
[327] Enclosure 1 to Powell Report, Statement by
Brigadier Mike Silverstone, Attachment 3, email JOO-NORCOM dated 9/10/01 18:08.
[328] Bryant Report, p.15; Transcript of Evidence, CMI 167.
[329] Bryant Report, p.15; Transcript of Evidence, CMI 167.
[330] Enclosure 1 to Powell Report, Statement by Mr
Tim Bloomfield, Minute to Head Public Affairs and Corporate Communication
(HPACC) dated 11 October 2001.
[331] Enclosure 1 to Powell Report, Statement by Mr
Tim Bloomfield, Minute to Head Public Affairs and Corporate Communication
(HPACC) dated 11 October 2001.
[332] Enclosure 1 to Powell Report, Statement by Mr
Tim Bloomfield, Minute to Head Public Affairs and Corporate Communication
(HPACC) dated 11 October 2001; Enclosure to Bryant Report, Statement by Mr Tim
Bloomfield.
[333] Enclosure 1 to Powell Report, Statement by Mr
Tim Bloomfield.
[334] Enclosure 1 to Powell Report, Statement by Mr
John Clarke.
[335] Enclosure to Bryant Report, Statement by Mr Tim
Bloomfield.
[336] Enclosure to Bryant Report, Statement by Mr Tim
Bloomfield.
[337] Enclosure to Bryant Report, Statement by Mr Tim
Bloomfield.
[338] Enclosure 1 to Powell Report, Statement by Mr
Tim Bloomfield, Minute to Head Public Affairs and Corporate Communication
(HPACC) dated 11 October 2001.
[339] Enclosure to Bryant Report, Statement by Mr
Andrew Stackpool; Transcript of Evidence,
CMI 1138.
[340] Enclosure 1 to Powell Report, Statement by
Commander Piers Chatterton; Transcript of
Evidence, CMI 1162.
[341] Enclosure to Bryant Report, Statement by Mr
Andrew Stackpool.
[342] Enclosure to Bryant Report, Statement by Mr
Andrew Stackpool.
[343] Enclosure to Bryant Report, Statement by Mr
Andrew Stackpool.
[344] Bryant Report, p.18; Enclosure 1 to Powell
Report, Statement by Mr Tim Bloomfield, Minute to Head Public Affairs and
Corporate Communication (HPACC) dated 11 October 2001.
[345] Enclosure 1 to Powell Report, Statement by Mr
Tim Bloomfield, Minute to Head Public Affairs and Corporate Communication
(HPACC) dated 11 October 2001.
[346] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[347] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[348] Enclosure to Bryant Report, Statement by Mr Ross
Hampton; see also Enclosure to Bryant Report, Statement by Captain Belinda
Byrne, which speaks of Mr Hampton’s ‘agitation’ on 10 October when she told him
‘that she had not found information to confirm that children had been thrown
overboard’.
[349] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[350] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[351] Enclosure 1 to Powell Report, Statement by
Brigadier Gary Bornholt.
[352] Bryant Report, p.20.
[353] Answers to Questions on Notice, Department of
Defence, Question W5.
[354] Bryant Report, p.20.
[355] Bryant Report, p.22.
[356] Enclosure to Bryant Report, Statement by Mr Tim
Bloomfield.
[357] Enclosure 1 to Powell Report, Statement by Mr
Tim Bloomfield, Minute to Head Public Affairs and Corporate Communication
(HPACC) dated 11 October 2001.
[358] Enclosure to Bryant Report, Statement by Mr Tim
Bloomfield.
[359] Answers to Questions on Notice, Department of Defence,
Question W5.
[360] Enclosure 1 to Powell Report, Statement by
Brigadier Gary Bornholt.
[361] Enclosure to Bryant Report, Statement by Captain
Belinda Byrne.
[362] Enclosure to Bryant Report, Statement by Captain
Belinda Byrne.
[363] Enclosure 1 to Powell Report, Statement by
Brigadier Gary Bornholt.
[364] Enclosure 1 to Powell Report, Statement by
Brigadier Gary Bornholt.
[365] Bryant Report, p.23. Ms Bryant also notes that
the timing of the email which conveyed the two photographs to Brigadier
Bornholt is consistent with the finding that he had not received them at the
time of his first conversation with Mr Hampton.
[366] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[367] Enclosure to Bryant Report, Statement by
Brigadier Gary Bornholt.
[368] Enclosure 1 to Powell Report, Statement by
Brigadier Gary Bornholt.
[369] Enclosure 1 to Powell Report, Statement by Mr
Tim Bloomfield, Minute to Head Public Affairs and Corporate Communication
(HPACC) dated 11 October 2001.
[370] Enclosure 1 to Powell Report, Statement by Mr
Tim Bloomfield, Minute to Head Public Affairs and Corporate Communication
(HPACC) dated 11 October 2001.
[371] Enclosure 1 to Powell Report, Statement by Mr
Tim Bloomfield, Minute to Head Public Affairs and Corporate Communication
(HPACC) dated 11 October 2001.
[372] Enclosure to Bryant Report, Statement by Mr Tim
Bloomfield.
[373] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[374] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[375] Enclosure 1 to Powell Report, Statement by Mr
Tim Bloomfield.
[376] Enclosure 1 to Powell Report, Statement by Rear
Admiral Ritchie.
[377] Transcript
of Evidence, CMI 370, 57.
[378] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[379] Enclosure 1 to Powell Report, Statement by
Brigadier Gary Bornholt.
[380] Rear Admiral Smith, Transcript of Evidence, CMI 592.
[381] Enclosure to Bryant Report, Statement from Mr
Mike Scrafton.
[382] Enclosure to Bryant Report, Statement from Mr
Mike Scrafton.
[383] Transcript
of Evidence, CMI 368.
[384] Transcript
of Evidence, CMI 368-369.
[385] Transcript
of Evidence, CMI 369; Enclosure to Bryant Report, Statement by Mr Mike
Scrafton.
[386] Transcript
of Evidence, CMI 371.
[387] Transcript
of Evidence, CMI 371.
[388] Enclosure to Bryant Report, Statement by Captain
Belinda Byrne.
[389] Enclosure to Bryant Report, Statement by Captain
Belinda Byrne.
[390] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Committee, 20 February 2002, p.105.
[391] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Committee, 20 February 2002, p.106.
[392] Enclosure 1 to Powell Report, Statement by
Brigadier Gary Bornholt.
[393] Enclosure 1 to Powell Report, Statement by
Brigadier Gary Bornholt.
[394] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[395] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[396] Transcript
of Evidence, CMI 742.
[397] Transcript
of Evidence, CMI 783.
[398] Enclosure 1 to Powell Report, Statements by Ms
Jenny McKenry and Brigadier Gary Bornholt.
[399] Transcript
of Evidence, CMI 1101.
[400] Transcript
of Evidence, CMI 1101.
[401] Transcript
of Evidence, CMI 1101.
[402] See email from Jenny McKenry, dated Thursday, 11
October 2001 16:37, attached to Enclosure 1 to Powell Report, Statement by Ms
Jenny McKenry.
[403] Transcript
of Evidence, CMI 1102. (Note: the term ‘unrestricted’ used here refers to
the email system for unclassified information, which in Defence is technically
called the ‘restricted’ system as opposed to the ‘secret’ system.)
[404] Admiral Barrie noted that he was ‘quite hazy’ as
to exactly what the date of the conversation was. It was, however, before he
left Australia for East Timor and elsewhere on 25 October 2001. Transcript of Evidence, CMI 742, 755.
[405] Transcript
of Evidence, CMI 742.
[406] Transcript
of Evidence, CMI 742-743.
[407] Transcript
of Evidence, CMI 742.
[408] Transcript
of Evidence, CMI 742.
[409] See Enclosure 2 to Powell Report, HMAS Adelaide SIC I3M/LAB dated 101136Z Oct
01, ‘Op Relex - SIEV 04 List of Chronological Events for the 07 Oct 01
Boarding’.
[410] Transcript
of Evidence, CMI 749.
[411] Transcript
of Evidence, CMI 756.
[412] Transcript
of Evidence, CMI 763.
[413] Enclosure to Bryant Report, Statement by
Brigadier Michael Silverstone.
[414] Enclosure to Bryant Report, Statement by
Brigadier Michael Silverstone.
[415] Transcript
of Evidence, CMI 346, 361.
[416] Transcript
of Evidence, CMI 346.
[417] Transcript
of Evidence, CMI 346, 363. This evidence was corroborated by Rear Admiral
Ritchie, who confirmed that Brigadier Silverstone had told him of this
conversation around 31 October. Transcript
of Evidence, CMI 368.
[418] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Committee, 20 February 2002, p.75.
[419] Transcript
of Evidence, CMI 1058.
[420] Transcript
of Evidence, CMI 1059.
[421] Transcript
of Evidence, CMI 1059.
[422] Transcript
of Evidence, CMI 1062; Enclosure 2 to Powell Report, HMAS Adelaide SIC I3M/LAB dated 101136Z Oct
01, ‘Op Relex - SIEV 04 List of Chronological Events for the 07 Oct 01
Boarding’.
[423] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Committee, 20 February 2002, pp.75-76.
[424] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Committee, 20 February 2002, p.76.
[425] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Committee, 20 February 2002, p.76.
[426] Transcript
of Evidence, CMI 1064.
[427] Transcript
of Evidence, CMI 1064.
[428] Transcript
of Evidence, CMI 1065.
[429] Transcript
of Evidence, CMI 1067.
[430] Transcript
of Evidence, CMI 97.
[431] Transcript
of Evidence, CMI 59.
[432] Transcript
of Evidence, CMI 59.
[433] Transcript
of Evidence, CMI 59.
[434] Transcript
of Evidence, CMI 97.
[435] Note Mr Hampton said that he did not receive
Brigadier Bornholt’s ‘definitive’ message, left on his mobile phone message
bank. At the least, however, Mr Hampton received ‘non-definitive’ advice from
Brigadier Bornholt on the afternoon of 10 October.
[436] Transcript
of Evidence, CMI 1710.
[437] Transcript
of Evidence, CMI 1681.
[438] Transcript
of Evidence, CMI 1683.
[439] Transcript
of Evidence, CMI 1684.
[440] Transcript
of Evidence, CMI 1684.
[441] Transcript
of Evidence, CMI 1715.
[442] ‘Options for Handling Unauthorised Arrivals:
Christmas Island Boat’, attached to Enclosure to Bryant Report, Statement by Ms
Jane Halton.
[443] Transcript
of Evidence, CMI 1705.
[444] Transcript
of Evidence, CMI 901; see also Transcript
of Evidence, CMI 985.
[445] Transcript
of Evidence, CMI 1013, 1016.
[446] Transcript
of Evidence, CMI 2046.
[447] Transcript
of Evidence, CMI 2046.
[448] Transcript
of Evidence, CMI 2069.
[449] Transcript
of Evidence, CMI 2069.
[450] Answers to Questions on Notice, Department of
Defence, Question 49.
[451] Transcript
of Evidence, CMI 2071.
[452] Additional Information and Answers to Questions
on Notice, Ms Jane Halton, dated 15 August 2002.
[453] Transcript
of Evidence, CMI 2069.
[454] Transcript
of Evidence, CMI 2071.
[455] Transcript
of Evidence, CMI 1696.
[456] Enclosure 1 to Powell Report, Statement by Group
Captain Walker.
[457] Answers to Questions on Notice, Department of
Defence, Question 49.
[458] Enclosure to Bryant Report, Statement by Ms Jane
Halton.
[459] Transcript
of Evidence, CMI 901.
[460] Transcript
of Evidence, CMI 1705.
[461] Transcript
of Evidence, CMI 1705.
[462] Transcript
of Evidence, CMI 2061.
[463] Transcript
of Evidence, CMI 1705.
[464] Enclosure to Bryant Report, ‘Strategic Command
SIEV 04/01 Sitrep Event Log Christmas Island - starting 06 Oct 01’, attached to
Statement by Ms Katrina Edwards.
[465] Transcript
of Evidence, CMI 1705.
[466] Transcript
of Evidence, CMI 1048, 955, 2066.
[467] Transcript
of Evidence, CMI 953, 992.
[468] Transcript
of Evidence, CMI 953, 961.
[469] Transcript
of Evidence, CMI 972.
[470] Transcript
of Evidence, CMI 1705. Ms Halton said: ‘I have been told by a minister that
certainly there is a video and we know there is uncertainty whether he told me
about the photos, but it sounds like he probably did and I think Katrina might
actually think that that conversation included a discussion of the photos’. Transcript of Evidence, CMI 1049.
[471] Enclosure to Bryant Report, Statement by Ms Jane
Halton.
[472] Transcript
of Evidence, CMI 1705.
[473] Transcript
of Evidence, CMI 941, 942, 943.
[474] Transcript
of Evidence, CMI 943.
[475] Transcript
of Evidence, CMI 953.
[476] Transcript
of Evidence, CMI 945.
[477] Transcript
of Evidence, CMI 957; see also Transcript
of Evidence, CMI 941, 953, 958, 984.
[478] Transcript
of Evidence, CMI 984.
[479] Notes, High Level Group - 10 October 2001, 6pm.
[480] Notes, High Level Group - 10 October 2001, 6pm.
[481] Transcript
of Evidence, CMI 1739.
[482] Answers to Questions on Notice, Ms Katrina
Edwards, dated 12 June 2002, Question 3.
[483] Mr John Drury, Deputy Chief Executive Officer,
Australian Customs Service, emphasised this point in his evidence to Ms Bryant.
See Enclosures to Bryant Report, Statement by Mr John Drury.
[484] PM & C Emails requested by the Senate Select
Committee on a Certain Maritime Incident, No. 75.
[485] Transcript of the Hon. Peter Reith MP Radio
Interview with Virginia Trioli, Melbourne Radio 3AK, 10 October 2001.
[486] Transcript
of Evidence, CMI 1001.
[487] Transcript
of Evidence, CMI 1001.
[488] Transcript
of Evidence, CMI 1001.
[489] Transcript
of Evidence, CMI 1705.
[490] Transcript
of Evidence, CMI 2066.
[491] Answers to Questions on Notice, Ms Katrina
Edwards, dated 12 June 2002, Question 3.
[492] Transcript
of Evidence, CMI 1162.
[493] Transcript
of Evidence, CMI 1162.
[494] Transcript
of Evidence, CMI 1162.
[495] Transcript
of Evidence, CMI 1162.
[496] Transcript
of Evidence, CMI 1163.
[497] Transcript
of Evidence, CMI 1163.
[498] Transcript
of Evidence, CMI 1166.
[499] Transcript
of Evidence, CMI 1491.
[500] Transcript
of Evidence, CMI 1491-1492.
[501] Transcript
of Evidence, CMI 1491.
[502] Transcript
of Evidence, CMI 1550, 1856.
[503] Transcript
of Evidence, CMI 1856-1857.
[504] Transcript
of Evidence, CMI 1857, 1812.
[505] Transcript
of Evidence, CMI 1550.
[506] Transcript
of Evidence, CMI 1805-1806.
[507] Transcript
of Evidence, CMI 1806.
[508] Transcript
of Evidence, CMI 1806.
[509] Transcript
of Evidence, CMI 1550.
[510] Transcript
of Evidence, CMI 1563.
[511] Transcript
of Evidence, CMI 1564-1566.
[512] Transcript
of Evidence, CMI 902.
[513] Transcript
of Evidence, CMI 1023.
[514] Transcript
of Evidence, CMI 1023
[515] Transcript
of Evidence, CMI 1806 and passim.
[516] Transcript
of Evidence, CMI 1760.
[517] Transcript
of Evidence, CMI 1764.
[518] Transcript
of Evidence, CMI 1864.
[519] Transcript
of Evidence, CMI 1806.
[520] Transcript
of Evidence, CMI 1025.
[521] Transcript
of Evidence, CMI 1025.
[522] Transcript
of Evidence, CMI 1026.
[523] Bertrand Russell speaking of Wittgenstein in a
letter to Lady Ottoline Morell, 1 November 1911.
[524] Enclosure to Bryant Report, Statement by Flight
Lieutenant Jason Briggs.
[525] Enclosure to Bryant Report, Statement by Flight
Lieutenant Jason Briggs.
[526] Enclosure to Bryant Report, Statement by Flight
Lieutenant Jason Briggs.
[527] Enclosure to Bryant Report, Statement by Flight
Lieutenant Jason Briggs.
[528] Enclosure 1 to Powell Report, Statement by Group
Captain Steven Walker.
[529] Transcript
of Evidence, CMI 353, 393.
[530] Enclosure to Bryant Report, Statement by Mr Mike
Scrafton.
[531] Transcript
of Evidence, CMI 370.
[532] Enclosure 1 to Powell Report, Statement by Rear
Admiral Chris Ritchie; Transcript of
Evidence, CMI 370-371.
[533] Transcript of the Hon. Peter Reith MP Radio
Interview with Virginia Trioli, Melbourne Radio 3AK, 10 October 2001.
[534] Ms Halton said that she ‘had very few
conversations with Mr Reith’. Transcript
of Evidence, CMI 1033.
[535] Transcript
of Evidence, CMI 953, 992.
[536] Transcript
of Evidence, CMI 902.
[537] Transcript
of Evidence, CMI 902.
[538] Enclosure to Bryant Report, Statement by Mr
Peter Reith.
[539] Enclosure to Bryant Report, Statement by Mr
Peter Hendy.
[540] Enclosure to Bryant Report, Statement by Mr
Peter Hendy.
[541] He obtained these ‘under duress’ from Mr John
Clarke, as a result of a phone call which, according to Mr Clarke, was
aggressive and demanding. Enclosure to Bryant Report, Statement by Mr John
Clarke.
[542] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[543] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[544] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[545] See Enclosure 2 to Powell Report, HMAS Adelaide SIC I3M dated 081052Z Oct 01,
Sitrep 25.
[546] Enclosure to Bryant Report, Statements by Ms Jenny
McKenry and Brigadier Gary Bornholt.
[547] Bryant Report, p.41.
[548] Enclosure to Bryant Report, Statements by Ms
Jenny McKenry and Brigadier Gary Bornholt.
[549] Note that Mr Scrafton advised earlier in his
statement that he was a senior adviser responsible for ‘Defence business’, and
was not a political staffer.
[550] Enclosure to Bryant Report, Statement by Mr Mike
Scrafton.
[551] Enclosure to Bryant Report, Statement by Mr Ross
Hampton.
[552] Enclosure to Bryant Report, Statement by Mr
Peter Hendy.
[553] Enclosure to Bryant Report, Statement by Mr
Peter Hendy.
[554] Enclosure to Bryant Report, Statement by Mr
Peter Reith.
[555] Transcript of interview, Sunday Sunrise, 14
October 2001.
[556] Transcript
of Evidence, CMI 742.
[557] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Committee, 20 February 2002, p.76.
[558] Enclosure 1 to Powell Report, Statement by Mr
Peter Reith.
[559] Enclosure to Bryant Report, Statement by Mr
Peter Hendy.
[560] Enclosure to Bryant Report, Statement by Mr Mike
Scrafton.
[561] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Committee, 20 February 2002, p.76.
[562] Enclosure to Bryant Report, Statement by Mr Mike
Scrafton.
[563] Enclosure 1 to Powell Report, Statement by Rear
Admiral Adams, Deputy Chief of Navy.
[564] Transcript
of Evidence, CMI 59.
[565] See for example, interview on radio 2UE on 8
October, and comments on Capital TV on 9 October 2001.
[566] Transcript
of Evidence, CMI 1711.
[567] Answers to Questions on Notice, Ms Katrina
Edwards, dated 12 June 2002, Question 3.
[568] Transcript
of Evidence, CMI 2065.
[569] Transcript
of Evidence, CMI 2065.
[570] Answers to Questions on Notice, Ms Katrina
Edwards, dated 12 June 2002, Question 3.
[571] Answers to Questions on Notice, Ms Katrina
Edwards, dated 12 June 2002, Question 3.
[572] Transcript
of Evidence, CMI 2066.
[573] Transcript
of Evidence, CMI 2067.
[574] Transcript
of Evidence, CMI 990.
[575] Transcript
of Evidence, CMI 990.
[576] PM & C Emails requested by the Senate Select
Committee on a Certain Maritime Incident, No. 75.
[577] Transcript
of Evidence, Estimates, Senate Finance and Public Administration Committee,
18 February 2002, p.96.
[578] Transcript
of Evidence, Estimates, Senate Finance and Public Administration Committee,
18 February 2002, pp.97-98.
[579] Bryant Report, p.8; Enclosure to Bryant Report,
Statement by Mr Mike Scrafton.
[580] Answers to Questions on Notice, Ms Jennifer
Bryant, Question 2.
[581] Transcript
of Evidence, Estimates, Senate Finance and Public Administration Committee,
18 February 2002, p.86.
[582] Answers to Questions on Notice, Ms Jennifer
Bryant, Question 3.
[583] Answers to Questions on Notice, Ms Jennifer
Bryant, Question 3.
[584] Transcript
of Evidence, Estimates, Senate Finance and Public Administration Committee,
18 February 2002, p.99.
[585] Transcript
of Evidence, Estimates, Senate Finance and Public Administration Committee,
18 February 2002, pp.99-100
[586] Transcript
of Evidence, Estimates, Senate Finance and Public Administration Committee,
18 February 2002, p.99.
[587] Transcript
of Evidence, Estimates, Senate Finance and Public Administration Committee,
18 February 2002, p.100; see also Bryant Report, p.8.
[588] Enclosure to Bryant Report, Statement by Mr Mike
Scrafton.
[589] Enclosure to Bryant Report, Statement by Mr Mike
Scrafton.
[590] Transcript, ‘Too Good to be
False’, Four Corners, 4 March 2002, www.abc.net.au/4corners/stories/s496427.htm, (23 July 2002), p.12 of 25.
[591] Transcript, ‘Too Good to be
False’, Four Corners, 4 March 2002, www.abc.net.au/4corners/stories/s496427.htm,
(23 July 2002).
[592] Transcript
of Evidence, CMI 1038.
[593] Transcript
of Evidence, CMI 1038.
[594] Enclosure 1 to Powell Report, Statement by Ms
Jenny McKenry.
[595] Enclosure 1 to Powell Report, Statement by Ms
Jenny McKenry.
[596] Transcript, ‘Too Good to be
False’, Four Corners, 4 March 2002, www.abc.net.au/4corners/stories/s496427.htm,
(23 July 2002).
[597] Enclosure 1 to Powell Report, Statement by Ms
Jenny McKenry.
[598] Enclosure 1 to Powell Report, Statement by Ms
Jenny McKenry.
[599] Transcript, ‘Lateline’, 8 November 2001, www.abc.net.au/lateline/s412276.htm
(23 July 2002).
[600] Transcript
of Evidence, CMI 778.
[601] Transcript
of Evidence, CMI 741.
[602] Transcript
of Evidence, CMI 756.
[603] Transcript
of Evidence, CMI 1232.
[604] Transcript
of Evidence, CMI 1206.
[605] Powell Report, p.4.
[606] Transcript
of Evidence, CMI 367.
[607] Transcript
of Evidence, CMI 371.
[608] Transcript
of Evidence, CMI 372.
[609] Transcript
of Evidence, CMI 373.
[610] Transcript
of Evidence, CMI 375.
[611] Transcript
of Evidence, CMI 375. Consistent with this also is Rear Admiral Smith’s
recollection that Rear Admiral Ritchie had confirmed with him that he had
relayed the conclusion reached by the chain of command on this issue to CDF. Transcript of Evidence, CMI 585.
[612] Transcript
of Evidence, CMI 749.
[613] Transcript
of Evidence, CMI 749.
[614] Transcript
of Evidence, CMI 742-743.
[615] Answers to Questions on Notice, Department of
Defence, Question W9.
[616] Transcript
of Evidence, CMI 791.
[617] Transcript
of Evidence, CMI 791.
[618] Transcript
of Evidence, CMI 742.
[619] Transcript
of Evidence, CMI 761.
[620] Transcript
of Evidence, CMI 757.
[621] Transcript
of Evidence, CMI 756.
[622] Transcript
of Evidence, CMI 373.
[623] Transcript
of Evidence, CMI 742.
[624] Enclosure to Bryant Report, Statement by Admiral
Barrie.
[625] Transcript
of Evidence, CMI 742.
[626] Transcript
of Evidence, CMI 752.
[627] Transcript of interview, Sunday Sunrise, 14
October 2001.
[628] According to Rear Admiral Ritchie, CDF told him
of this ‘agreement’ by the Minister on 11 October. Enclosure 1 to Powell
Report, Statement by Rear Admiral Ritchie.
[629] Answers to Questions on Notice, Department of Defence,
Question W6.
[630] Transcript
of Evidence, CMI 743.
[631] Transcript
of Evidence, CMI 743.
[632] Transcript
of Evidence, CMI 743.
[633] Transcript
of Evidence, CMI 743.
[634] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Committee, 20 February 2002, p.73.
[635] Transcript
of Evidence, Estimates, Senate Finance and Public Administration Committee,
18 February 2002, p.37.
[636] Transcript
of Evidence, CMI 745.
[637] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade Committee,
20 February 2002, p.124.
[638] In evidence, Admiral Barrie indicated that, from
his Chief of Staff’s perspective, Brigadier Bornholt did not draw his attention
specifically to the significance of the signal. Transcript of Evidence, CMI 754.
[639] Enclosure 1 to Powell Report, Statement by
Admiral Chris Barrie.
[640] Enclosure to Bryant Report, Statement by Admiral
Chris Barrie.
[641] Transcript
of Evidence, CMI 592.
[642] Transcript
of Evidence, CMI 700.
[643] Transcript
of Evidence, CMI 684.
[644] Transcript
of Evidence, CMI 684-685.
[645] Enclosure to Bryant Report, Statement by Rear
Admiral Chris Ritchie; see also his statement, Enclosure 1 to Powell Report.
[646] Transcript
of Evidence, CMI 586.
[647] Transcript
of Evidence, CMI 586.
[648] Transcript
of Evidence, CMI 1701.
[649] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Committee, 20 February 2002, p.118.
[650] Transcript
of Evidence, CMI 718, 723, 732, 733.
[651] Transcript
of Evidence, CMI 723.
[652] Enclosure to Bryant Report, Statement by Ms Jane
Halton; Transcript of Evidence, CMI
939.
[653] Answers to Questions on Notice, Ms Katrina
Edwards, dated 12 June 2002, Question 7.
[654] Transcript
of Evidence, CMI 1705.
[655] PST Notes, High Level Group - 9 October 2001.
[656] Answers to Questions on Notice, Ms Katrina
Edwards, dated 12 June 2002, Question 7.
[657] Answers to Questions on Notice, Ms Katrina
Edwards, dated 12 June 2002, Question 8.
[658] Answers to Questions on Notice, Ms Katrina
Edwards, dated 12 June 2002, Question 8.
[659] Transcript
of Evidence, CMI 3.
[660] Transcript
of Evidence, CMI 4.
[661] Transcript
of Evidence, CMI 4.
[662] Transcript
of Evidence, CMI 4.
[663] Transcript
of Evidence, CMI 4.
[664] Transcript
of Evidence, CMI 54.
[665] Transcript
of Evidence, CMI 1058.
[666] Transcript
of Evidence, CMI 1059.
[667] Attachment to Submission No. 13.
[668] Attachment to Submission No. 13.
[669] Attachment to Submission No. 13.
[670] Transcript
of Evidence, CMI 49, 53.
[671] Transcript
of Evidence, CMI 19.
[672] Transcript
of Evidence, CMI 1036-1037.
[673] Transcript
of Evidence, CMI 1232.
[674] Letter from Dr Hawke to Senator the Hon. Peter
Cook, dated 3 June 2002.
[675] Letter from Dr Hawke to Senator the Hon. Peter
Cook, dated 3 June 2002.
[676] Letter from Dr Hawke to Senator the Hon. Peter
Cook, dated 3 June 2002.
[677] Letter from Dr Hawke to Senator the Hon. Peter
Cook, dated 3 June 2002.
[678] Richard Mulgan, ‘Comparing Accountability in the
Public and Private Sectors’, Australian
Journal of Public Administration 59(1) (2000), p.87.
[679] Mark Considine, ‘The End of the Line?
Accountable Governance in the Age of Networks, Partnerships, and Joined-Up
Services’, Governance: An International
Journal of Policy, Administration and Institutions, 15(1) (2002) , p21.
[680]
Alison
McClelland, ‘Partnerships and Collaboration: propositions from Experience’, in New
Players, Partners and Processes: A public sector without boundaries, edited
by M Edwards and J Langford, (Canberra: 2002).
[681] Richard Mulgan, ‘Comparing Accountability in the
Public and Private Sectors’, Australian
Journal of Public Administration 59(1) (2000), p.87.
[682] Mark Considine, ‘The End of the Line?
Accountable Governance in the Age of Networks, Partnerships, and Joined-Up
Services’, Governance: An International
Journal of Policy, Administration and Institutions, 15(1) (2002) , p22.
[683] Christopher Kam, ‘Not Just Parliamentary
‘Cowboys and Indians’: Ministerial responsibility and bureaucratic drift’ Governance: An International Journal of
Policy, Administration and Institutions, 13 (3) (2000), p.365.
[684] Account drawn from various sources including
Hugh Smith ‘A Certain Maritime Incident and Political-Military Relations’ Eureka Street No.387, p.39, and Transcript of Evidence, CMI 1194-95,
1199-1201, 1228, 1242-44, 1254-55.
[685] Hugh Smith ‘A Certain Maritime Incident and
Political-Military Relations’ Eureka
Street No.387, p.41.
[686] Tabled Paper, Ministerial Directive from Hon.
Peter Reith, Minister for Defence, 9 April 2001.
[687] Dr Allan Hawke, Paper based on Address to the Royal United Services
Institute, Adelaide, 1 May
2000.
[688] Dr Allan Hawke, Paper based on Address to the Royal United Services
Institute, Adelaide, 1 May
2000.
[689] Defence Annual Report 2000-01, (Canberra), p.4.
[690] Transcript
of Evidence, CMI 8-11, 18-22.
[691] Transcript
of Evidence, CMI 9.
[692] Transcript
of Evidence, CMI 4.
[693] Transcript
of Evidence, CMI 741.
[694] Transcript
of Evidence, CMI 7.
[695] Pat Barrett AM, Auditor-General, Implementing Adequate Supervision – of what
kind and how much, Address to a Laboratory for Politicians and Top Managers
from Different Public Institutions in Europe, Regione Lombardia, Italy, April
2002: accessed at http://www.anao.gov.au/Web/wsPub.nsf/SpeechesByDate/
[696] Canadian Centre for Management Development, Be the Change: Peer Review Report of the
Cabinet Office Role in Modernising Government, (2000) : accessed at www.cabinet-office.gov.uk/moderngov/peerreview
[697] Dr Allan Hawke, Public Service – A Secretary’s View. Paper based on the Telstra
Address at the National Press Club, June 2002.
[698] Mark Considine, ‘The End of the Line?
Accountable Governance in the Age of Networks, Partnerships, and Joined-Up
Services’, Governance: An International
Journal of Policy, Administration and Institutions, 15(1) (2002) , p22.
[699] Mark Considine, ‘The End of the Line?
Accountable Governance in the Age of Networks, Partnerships, and Joined-Up
Services’, Governance: An International
Journal of Policy, Administration and Institutions, 15(1) (2002) , p23.
[700] Department
of Defence, Guidelines for Defence
involvement in IDCs or like joint government agency groups. May 2002, paras
2-5.
[701] Transcript
of Evidence, CMI 859-860.
[702] Transcript
of Evidence, CMI 863.
[703] Transcript
of Evidence, CMI 862.
[704] Transcript
of Evidence, CMI 862.
[705] Transcript
of Evidence, CMI 863.
[706] Transcript
of Evidence, CMI 902.
[707] Transcript
of Evidence, CMI 913.
[708] Transcript
of Evidence, CMI 910.
[709] Transcript
of Evidence, CMI 866-67.
[710] Transcript
of Evidence, CMI 906-8.
[711] File Note of 10 October 2001 attached to Drury
witness statement to Bryant Report.
[712] Transcript
of Evidence, CMI 350.
[713] Transcript
of Evidence, CMI 365.
[714] Transcript
of Evidence, CMI 456.
[715] Transcript
of Evidence, CMI 874.
[716] Transcript
of Evidence, CMI 2069.
[717] Transcript
of Evidence, CMI 2069.
[718] Transcript
of Evidence, CMI 2070.
[719] Transcript
of Evidence, CMI 2069.
[720] Transcript
of Evidence, CMI 2071.
[721] Transcript
of Evidence, CMI 874-75.
[722] Transcript
of Evidence, CMI 905.
[723] Transcript
of Evidence, CMI 905-6.
[724] Transcript
of Evidence, CMI 882.
[725] Record of interview with Ms Godwin in the Bryant
Report.
[726] Transcript
of Evidence, CMI 882.
[727] Transcript
of Evidence, CMI 882-83.
[728] Transcript
of Evidence, CMI 882.
[729] Transcript
of Evidence, CMI 2052.
[730] Record of interview with Ms Philippa Godwin in
the Bryant Report.
[731] Record of interview with Ms Philippa Godwin in
the Bryant Report.
[732] The Auditor-General, Audit Report No. 57,
2001-02 Management Framework for
Preventing Unlawful Entry into Australian Territory (ANAO, Canberra), p.39.
[733] This discussion of control is based on the ANAO
Better Practice Guide Controlling
Performance and Outcomes (Canberra) 1997.
[734] These Guidelines were prepared by the
CDF-Secretary Task Force within the Department of Defence. The Task Force, as
part of its duties, had been charged with identifying shortcomings in Defence
communications and liaison processes and recommending corrective action.
[735]
Ian Holland, Accountability of
Ministerial Staff? Research Paper no. 19, Department of the Parliamentary
Library, Canberra, 2001-02 https://www.aph.gov.au/library/pubs/rp/2001-02/02rp19.pdf
[736] On Fraser see Pat Weller, Malcolm Fraser PM, Penguin Books, Ringwood Vic., 1989, pp.22-5; on
Keating see John Halligan, ‘Labor, The Keating Term and the Senior Public
Service’, in Gwynneth Singleton (ed.) The
Second Keating Government, Centre for Research in Public Sector management,
University of Canberra / Institute of Public Administration Australia,
Canberra, 1997, p.54.
[737] Anne Tiernan, ‘Problem or Solution? The Role of
Ministerial Staff’, in Jenny Fleming and Ian Holland (eds.), Motivating Ministers to Morality,
Ashgate, Aldershot, 2001, p.92; Patrick Weller, Australia’s Mandarins: the Frank and the Fearless? Allen &
Unwin, St Leonards, 2001.
[738] Prime Minister Guide on Key Elements of Ministerial Responsibility Canberra, 1998.
[739] Transcript
of Evidence, CMI 1239.
[740] James Walter, The Ministers’ Minders: Personal Advisers in National Government,
Oxford University Press, Melbourne, 1986, pp.129-176; Maria Maley,
‘Conceptualising Advisers’ Policy Work: The Distinctive Policy Roles of
Ministerial Advisers in the Keating Government, 1991-96’, Australian Journal of Political Science, vol. 35, no. 3, 2000,
pp.449-70.
[741] Andrew Podger (Public Service Commissioner), Beyond Westminster: Defining an Australian
Approach to the Roles and Values of the Public Service in the 21st
Century, Address to IPAA Seminar, May 2002.
[742] John Halligan et al, The Australian Public Service: The view from the top (Coopers &
Lybrand, University of Canberra, 1996), p.71.
[743] Secretaries quoted in John Halligan et al, The Australian Public Service: The view from
the top (Coopers & Lybrand, University of Canberra, 1996), p.71.
[744] John Halligan et al, The Australian Public Service: The view from the top (Coopers &
Lybrand, University of Canberra, 1996), p.72.
[745] Correspondence from the Clerk of the House of
Representatives to the Committee, April 2002.
[746] Transcript
of Evidence, CMI 1220.
[747] Transcript
of Evidence, CMI 1219.
[748] Senator R. Hill, Senate, Debates, 3 March 1994, p.1418.
[749] Senator R. Hill, Senate, Debates, 3 March 1994, p.1419.
[750] Editorial Canberra
Times 11 March 2002, p.10.
[751] David Solomon ‘Unelected Rulers’ The Courier Mail 16 March 2002.
[752] Jack Waterford ‘What lies beneath: Has
government accountability become an oxymoron?’ in Eureka Street 12(3) April 2002, p.21.
[753] Clerk of the Senate, Correspondence to the
Senate Select Committee on a Certain Maritime Incident, 22 March, p.2.
[754] Clerk of the Senate, Correspondence to the
Senate Select Committee on a Certain Maritime Incident, 22 March, p.4.
[755] Clerk of the House of Representatives,
Correspondence to the Senate Select Committee on a Certain Maritime Incident, 3
April 2002, p.12.
[756] Bret Walker SC Opinion ‘Australian Senate: Witnesses – former Ministers and
Ministerial Staff’. Document published by the Select Committee.
[757] Senate Committee of Privileges, Parliamentary Privileges Amendment
(Enforcement of Lawful Orders) Bill 1994 (49th Report), September 1994
(Parliamentary Paper 171 of 1994), p. 5.
[758] Senate Committee of Privileges, Parliamentary Privileges Amendment
(Enforcement of Lawful Orders) Bill 1994 (49th Report), September 1994
(Parliamentary Paper 171 of 1994), p. 13.
[759] Senate Privileges Committee, Parliamentary Privilege Precedents,
Procedures and Practice in the Australian Senate 1966-1999, (76th Report),
June 1999.
[760] Submission of the Administrative Law Section of
the Law Institute of Victoria, cited in the House of Representatives Committee
of Privileges, Report Concerning Proposal
to Transfer to the Federal Court Certain Responsibilities in Relation to
Disputed Claims for Public Interest Immunity, November 1994.
[761] Transcript
of Evidence, CMI 1203.
[762] John Uhr quoted in Background Briefing, ABC Radio National, 24 March 2002.
[763] UK Cabinet Office, Code of Conduct for Special Advisers, cited: http://www.cabinet-office.gov.uk/central/2001/codconspads.htm
[764] UK Cabinet Office, Code of Conduct for Special Advisers, Clause 22.
[765] Transcript
of Evidence, CMI 1252.
[766] UK Cabinet Office, Portrait of a Profession Revisited, Speech by Sir Richard Wilson,
26 March 2002, cited: http://www.cabinet-office.gov.uk/2002/senior/speech.htm,
p. 20.
[767] Canada. Office of the Ethics Counsellor, cited: http://strategis.ic.gc.ca/pics/oe/coiencod.pdf
[768] Transcript
of Evidence, CMI 1203.
[769] Hon Tony Abbott MP, Address to Institute of Public Administration Australia, Canberra ,
May 2002; accessed at http://www.psmpc.gov.au/minister/abbott220502.htm
p.3.
[770] Transcript
of Evidence, CMI 1203.
[771] Such an approach has been recommended by former
UK Cabinet Secretary Sir Richard Wilson: 'This may sound a negative approach.
But by defining the area of what was not acceptable it would free up Ministers
to deploy their special advisers as they wished within the framework which had
been created.’ Speech Portrait of a
Profession Revisited March 2002; accessed at http://www.cabinet-office.gov.uk/2002/senior/speech.htm
[772] J Griffith and M Ryle Parliament: Functions, Practice and Procedure (London, Sweet &
Maxwell, 1989) pp15-16 and p.517.
[773] Adam Tomkins ‘The right to mislead Parliament?’,
Legal Studies 16, (1996) p.66.
[774] Andrew Bolt ‘We were betrayed’ Herald Sun 18 February 2002.
[775] Transcript
of Evidence, CMI p.1217.
[776] Hon John Howard MP, Prime Minister Guide on Key Elements of Ministerial
Responsibility Canberra, 1998, p.10.
[777] Hon John Howard MP, Prime Minister, Guide on Key Elements of Ministerial
Responsibility Canberra, 1998, p.13-14.
[778] Hon John Howard MP, Prime Minister, Guide on Key Elements of Ministerial
Responsibility Canberra, 1998, p.13.
[779] Enclosure 1 to Powell Report, Statement by Rear
Admiral Adams, Deputy Chief of Navy.
[780] Hon John Howard MP, Prime Minister, Guide on Key Elements of Ministerial
Responsibility Canberra, 1998, p.13.
[781] Hon John Howard MP, Speech at the launch of
paper ‘Ethical standards and values in the Australian public Service’,
Canberra, May 1996.
[782] Hon John Howard MP, Prime Minister, Guide on Key Elements of Ministerial
Responsibility Canberra, 1998, p.13.
[783] House of Representatives Official Hansard Parliamentary Debates 12 March 2002,
pp.995 & 998.
[784] Richard Mulgan ‘APS fails to do its duty to
the public’ Canberra Times 2 July
2002.
[785] There are various spellings of Qussey in the
intelligence material. Some use ‘Quassey’ (ADF intelligence review), others
‘Qussay’ (DIMA Intelligence Notes). Hansard follows Rear Admiral Smith’s use of
Qussey. Unless citing material, the Committee employs this version in the
report.
[786] Except where otherwise noted, the account of
SIEV X’s passage and sinking is based on the following: ‘SIEV X Chronology’,
Attachment A in the declassified summary of the Defence review of SIEV X
intelligence, Minister of Defence to CMI, undated, received 4 July 2002; and
PST Notes, ‘People Smuggling Taskforce – High Level Group Meeting, 3.15 p.m.,
Tuesday 23 October 2001’, p.2.
[787] Transcript
of Evidence, CMI 1983.
[788] ‘SIEV X Chronology’, p.2.
[789] PST Notes, ‘People Smuggling Taskforce – High
Level Group Meeting, 3.15 p.m., Tuesday 23 October 2001’, p.2.
[790] PM & C e-mail traffic, 24 October 2001.
[791] DIMA Intelligence Note 83/2001, 23 October 2001,
p.2.
[792] Transcript
of Evidence, CMI 2127. Ms Halton acknowledged that the advice to the PM did
not specify whether the location was inside or outside Indonesian territorial waters.
[793] Letter from G.W. Pettitt, Border Protection
Branch, DIMIA, undated, received 18 September 2002.
[794] Transcript
of Evidence, CMI 461.
[795] Rear Admiral Smith, ‘Clarification of Evidence’,
letter to CMI, 22 May 2002.
[796] Rear Admiral Smith, ‘Clarification of Evidence’,
letter to CMI, 22 May 2002, pp.3-4.
[797] In addition to the section on intelligence in
Chapter 2, see Transcript of Evidence,
CMI 1889-1890and 1901 (ADF), 1924-1925 (AFP), 1996-1998, 2001 and 2003 (DIMIA).
[798] Transcript
of Evidence, CMI 1886.
[799] Transcript
of Evidence, CMI 1885.
[800] Transcript
of Evidence, CMI 1887. For more on the exchange of intelligence across the
various agencies engaged in the new border protection strategy, see Answers to
Questions on Notice, Defence, 20 September 2002, esp. W65 and W77.
[801] Answers to Questions on Notice, Coastwatch 17
June 2002, pp.1-2.
[802] For example, Transcript
of Evidence, CMI 2014.
[803] See also PST Notes, particularly for 18-23
October 2002.
[804] Transcript
of Evidence, CMI 1998.
[805] Answers to Questions on Notice, Defence, 20
September 2002, Question 33.
[806] Answers to Questions on Notice, Defence, 20
September 2002, Question W79.
[807] As noted elsewhere in the report, DIMA was the
acronym for the Department of Immigration and Multicultural Affairs at the time
of Operation Relex in 2001.
[808] ‘SIEV X Chronology’, Defence review of SIEV X
intelligence, Attachment A, p.1.
[809] Transcript
of Evidence, CMI 2012-2013. See also Colonel Gallagher, Transcript of Evidence, CMI 1902.
[810] ‘SIEV X Chronology’, Defence review of SIEV X
intelligence, Attachment A, p.1. Coastwatch told the Committee that it had
received information of possible/actual departure on only four dates in August,
Transcript of Evidence, CMI 1630.
[811] Transcript
of Evidence, CMI 1630.
[812] Rear Admiral Ritchie, Transcript of Evidence, Estimates, Senate Foreign Affairs, Defence
and Trade Legislation Committee, 4 June 2002, p.158.
[813] ‘SIEV X Chronology’, Defence review of SIEV X
intelligence, Attachment A, p.1.
[814] Transcript
of Evidence, CMI 1727 and ‘SIEV X Chronology’, Defence review of SIEV X
intelligence, Attachment A, p.1.
[815] DIMA Intelligence Note 79/2001, 17 October 2001,
p.2.
[816] In the only other declassified entry in this
section, the Intelligence Note states ‘There is no recent reporting about
[DELETED] next boat’. DIMA Intelligence Note 79/2001, 17 October 2001, p.2.
[817] See the discussion linking ‘multisource’
information to not only SIEV X but also another unnamed organiser’s vessel in
the next section on 18 October.
[818] ‘SIEV X Chronology’, Defence review of SIEV X
intelligence, Attachment A, pp.1-2. It is not entirely clear, however, if the
Coastwatch OPSUM did mention the port-to-port movement. In a letter clarifying
his evidence, Colonel Gallagher said that this assessment on ASTJIC’s part was
an ‘after-the-fact judgement’, based on the ‘combination of the two differing
points of departure reported on 17 and 18 October’ (ie. central Java on 17
October and western Java on 18 October). The 17 October report refers to the second Coastwatch intelligence report
that day, not the earlier OPSUM. See Answers to Questions on Notice, Defence,
20 September 2002, Question W85.
[819] Transcript
of Evidence, CMI 1897.
[820] Answers to Questions on Notice, Defence, 20
September 2002, Question W85. As noted in the Defence review of SIEV X
intelligence (Attachment A, p.2), an error in some of the intelligence
reporting recorded the departure date as 17 October, not 16 October. The DIMA
Intelligence Note of 19 October 2001 talks of the Qussey vessel departing on
Tuesday night, ie. 16 October. See DIMA Intelligence Note 81/2001, 19 October
2001, p.2.
[821] There is a slight discrepancy between Coastwatch
and ASTJIC about the timing of this phone call, which is attributed to the
officers involved keeping rough details of such calls. See Attachment A,
Answers to Questions on Notice, Coastwatch, 17 June 2002, cf. Transcript of Evidence, CMI 1920.
[822] ‘SIEV X Chronology’, Defence review of SIEV X
intelligence, Attachment A, p.1.
[823] Transcript
of Evidence, CMI 1897.
[824] Rear Admiral Smith, ‘Clarification of Evidence’,
letter to CMI, 22 May 2002, p.2.
[825] Transcript
of Evidence, CMI 1897. DIMIA assessed the boat as departing on ‘Tuesday
night’, ie. 16 October. DIMA Intelligence Note 80/2001, 18 October 2001, p.3.
[826] Transcript
of Evidence, CMI 2014. In the declassified version of the DIMA Intelligence
Note of 18 October provided to the Committee, there is in the largely censored
section called ‘Current Situation’ a reference to ‘DIMA Jakarta [DELETED] the
departure of the boat, which should arrive in Australian territorial water
sometime today. IAS COMMENT [DELETED]’. Presumably this refers to the Qussey
vessel. The only other uncensored statement in this section repeats the same
advice from the 17 October DIMA Intelligence Note that ‘there is no recent reporting
about [DELETED] next boat’. Since DIMIA knew by 18 October that Qussey was now
only preparing one boat, not two as thought earlier, this second statement does
not appear to be related to Qussey or SIEV X. DIMA Intelligence Note 80/2001,
18 October 2001, p.3.
[827] PST Notes, ‘People Smuggling Taskforce – High
Level SubGroup, Thursday 18 October 2001’. Cited also in Transcript of Evidence, CMI 2014.
[828] Transcript
of Evidence, CMI 2014.
[829] Transcript
of Evidence, CMI 2014.
[830] Transcript
of Evidence, CMI 2014-2015.
[831] Transcript
of Evidence, CMI 2015-2016.
[832] DIMA Intelligence Note 81/2001, 19 October 2001,
p.2.
[833] Transcript
of Evidence, CMI 2014-2015.
[834] DIMA Intelligence Note 81/2001, 19 October 2001,
p.2
[835] Rear Admiral Bonser, Transcript of Evidence, CMI 1629.
[836] Attachment B, Minister of Defence to CMI,
undated, received 4 July 2002.
[837] Answers to Questions on Notice, DIMIA, 20
September 2002.
[838] It was usual for Coastwatch to repeat advice in
subsequent OPSUMs until new or additional information was received. Attachment
A, Answers to Questions on Notice, Coastwatch, 17 June 2002; Rear Admiral
Smith, ‘Clarification of Evidence’, letter to CMI, 22 May 2002, p.2; and ‘SIEV
X Chronology’, Defence review of SIEV X intelligence, Attachment A, p.2.
[839] Rear Admiral Smith, ‘Clarification of Evidence’,
letter to CMI, 22 May 2002, p.2.
[840] DIMA Intelligence Note 81/2001, 19 October 2001,
p.2.
[841] DIMA Intelligence Note 81/2001, 19 October 2001,
p.2.
[842] DIMA Intelligence Note 83/2001, 23 October 2001,
p.2.
[843] Forecast weather conditions in the vicinity of
Christmas Island during this period included warnings on thunderstorms and sea
squalls. See Answers to Questions on Notice, Defence, 20 September 2002,
Question W82. See also the section on Surveillance and SIEV X later in the
chapter, especially Air Commodore Byrne’s comments on the sea state on 19
October.
[844] See DIMA Intelligence Note 80/2001, 18 October
2001, p.3.
[845] DIMA Intelligence Note 81/2001, 19 October 2001,
p.3.
[846] Answers to Questions on Notice, Coastwatch, 17
June 2002, p.5.
[847] ‘SIEV X Chronology’, Defence review of SIEV X
intelligence, Attachment A, p.2.
[848] Transcript
of Evidence, CMI 1631; ‘SIEV X Chronology’, Defence review of SIEV X
intelligence, Attachment A, p.2.
[849] Rear Admiral Smith. ‘Clarification of Evidence’,
letter to CMI, 22 May 2002, p.2.
[850] Rear Admiral Smith. ‘Clarification of Evidence’,
letter to CMI, 22 May 2002, p.2.
[851] Transcript
of Evidence, CMI 1961. Ms Pratt was an analyst attached to the Joint
AFP-DIMA People Smuggling Strike Team, based in Canberra.
[852] Attachment A, Answers to Questions on Notice,
Coastwatch, 17 June 2002.
[853] Attachment A, Answers to Questions on Notice,
Coastwatch, 17 June 2002.
[854] In a letter to the Committee, Colonel Gallagher
corrected his earlier testimony in which he said that the ASTJIC report was
issued at 11.00am (CMI 1896). The report was issued at 10.01 am. See Colonel
P.J. Gallagher to CMI Committee, 9 August 2002.
[855] Transcript
of Evidence, CMI 1736. Colonel Gallagher qualified this point by saying that
the vessel’s departure ‘would not have been treated as confirmed’; rather, that
it ‘is assessed that a vessel has departed’, Transcript of Evidence, CMI 1910.
[856] Transcript
of Evidence, CMI 1898.
[857] Transcript
of Evidence, CMI 1906.
[858] ASTJIC INTREP 171/01: Possible Boat Departure
for CI, Answers to Questions on Notice, Defence, 20 September 2002, Attachment
B.
[859] Transcript
of Evidence, CMI 1655.
[860] SIEV X Chronology, Defence review of SIEV X
intelligence, Attachment A, p.2. See also Answers to Questions on Notice,
Defence, 20 September 2002, W76.
[861] Answers to Questions on Notice, Defence, 20
September 2002, W76.
[862] Transcript
of Evidence, CMI 1655.
[863] Answers to Questions on Notice, Defence, 20
September 2002, W81.
[864] Transcript
of Evidence, CMI 1920.
[865] Answers to Questions on Notice, Defence, 20
September 2002, W75.
[866] Transcript
of Evidence, CMI 2160.
[867] Transcript
of Evidence, CMI 2176.
[868] Transcript
of Evidence, CMI 2160.
[869] Transcript
of Evidence, CMI 2176. Air Commodore Byrne also noted that at the time the
ASTJIC report was received at Learnmonth, the P3 was ‘three hours from
off-task’. Ibid.
[870] Answers to Questions on Notice, Defence, 20
September 2002, Question 39.
[871] Transcript
of Evidence, CMI 2012.
[872] Transcript
of Evidence, CMI 2012.
[873] Transcript
of Evidence, CMI 2024. Mr Killesteyn also said: ‘I cannot recall whether it
was communicated at the People Smuggling Task Force. I would be surprised if it
was not because of the level of representation that we had from the various
agencies, but I have no specific recollection of that piece of information.’
[874] Transcript
of Evidence, CMI 1961.
[875] Transcript
of Evidence, CMI 1997. AFP Commissioner Keelty also indicated to the
Committee that AFP intelligence sourced in Indonesia went to DIMIA through the
People Smuggling Strike Team. Transcript
of Evidence, CMI 1943.
[876] PST Notes, ‘People Smuggling Taskforce – High
Level Group Meeting 4.00 PM Saturday, 20 October 2001.
[877] Transcript
of Evidence, CMI 2117.
[878] Transcript
of Evidence, CMI 2115, 2118-2120.
[879] Transcript
of Evidence, CMI 2117; see also CMI 2118-2120.
[880] Transcript
of Evidence, CMI 2099-2100.
[881] Transcript
of Evidence, CMI 2099.
[882] Transcript
of Evidence, CMI 2115.
[883] Transcript
of Evidence, CMI 2117.
[884] Transcript
of Evidence, CMI 2100.
[885] Transcript
of Evidence, CMI 2096. Two exceptions included a report on an organiser who
was no longer involved in people smuggling and a report on a vessel described
as the ‘poison pill’ boat. The latter refers to intelligence that female
passengers on the vessel had been given poison pills and told to threaten to
swallow them if the RAN forced the vessel to turn back to Indonesia. The report
proved to be unfounded. See DIMA Intelligence Note 50/2001, 10 September 2001,
p.2; see also Transcript of Evidence,
CMI 2035, 2096-2096.
[886] Ms Halton said: ‘The task force got, basically,
a high-level summary of what might be in prospect in terms of the numbers of
people that would need to be managed, rather than a kind of categorical
catalogue of every single possibility, every single people smuggler et cetera’. Transcript of Evidence, CMI 2100; see
also CMI 2094-2095.
[887] As discussed in chapter 2, these bodies are the
Illegal Immigration Information Oversight Committee chaired by ONA, and the
Operational Coordination Committee chaired by DIMIA.
[888] Transcript
of Evidence, CMI 2105.
[889] DIMA Intelligence Note 81/2001, 19 October 2001,
p.2.
[890] Transcript
of Evidence, CMI 2104.
[891] SIEV X Chronology, Defence review of SIEV X
intelligence, Attachment A, p.2; Attachment A, Answers to Questions on Notice,
Coastwatch, 17 June 2002.
[892] Rear Admiral Smith, ‘Clarification of Evidence’,
letter to CMI, 22 May 2002, p.2.
[893] Transcript
of Evidence, CMI 2119.
[894] AusSAR is part of the Australian Maritime Safety
Authority (AMSA).
[895] Transcript
of Evidence, CMI 2097-2098; PST Notes, ‘People Smuggling Taskforce – High
Level Group Meeting 22 October 2001’.
[896] Transcript
of Evidence, CMI 1655.
[897] Answers to Questions on Notice, AMSA, 5 July
2002. The times on the RCC file notes are UTC or Universal Time Constant. As
daylight saving had started, the times on the RCC files are 10 hours behind
Australian Eastern Standard Time. See also Transcript
of Evidence, CMI 1365.
[898] Answers to Questions on Notice, AMSA, 5 July
2002.
[899] ‘The
standard addressee list was from Coastwatch Canberra and it was sent to
Commander Australian Theatre, Commander Joint Task Force 639, Maritime
Commander Australia, Air Commander Australia, Commander Task Force 641,
Commander Task Unit 646.2.2 – which is the ‘P3 world’ – Australian Theatre
Joint Intelligence Centre, Task Group 639.0 and the 92 wing detachment at
Learmonth, and for information to Australian Defence Headquarters Operations in
Canberra, Headquarters Australian Theatre, Maritime Headquarters, Headquarters
Air Command Air Operations and my Regional Coastwatch Base.’ Transcript of Evidence, CMI 1655.
[900] Rear Admiral Smith, ‘Clarification of Evidence’,
letter to CMI, 22 May 2002, p.2.
[901] Transcript
of Evidence, CMI 1643. One of those who attended the PST meeting of 22
October, Ms Katrina Edwards of PM&C, also noted that the latest
intelligence ‘report seemed firmer than some’. Transcript of Evidence, CMI 1727.
[902] Transcript
of Evidence, CMI 1669.
[903] SIEV X Chronology, Defence review of SIEV X
intelligence, Attachment A, p.2.
[904] Rear Admiral Smith, ‘Clarification of Evidence’,
letter to CMI, 22 May 2002, p.2.
[905] See Ms Katrina Edwards’ recollection of the
matter at the PST meeting of 22 October, Transcript
of Evidence, CMI 1706 and 1727. Her recollection is discussed later in this
chapter and in chapter 9.
[906] DIMA Intelligence Note 82/2001, 22 October 2001,
p.1. Note that this report was made at 11.00 am. DIMIA advised the Committee
that, ‘From the report, it is apparent we
had received AFP-sourced information on Monday morning that the vessel departed
with all his [ie.Qussey’s] passengers (400+) on one vessel rather than the two
we had expected Qussay to use. DIMIA believes that other agencies had assumed
that we knew of the sinking.’ See Answers to Questions on Notice, DIMIA,
20 September 2002.
[907] The RCC files record summarised this initial
conversation: ‘Coastwatch intell[igence] wants me to advise you of a suspected
over due SIEV’. Transcript of Evidence,
CMI 1875; RCC file Aus/2001/7534.1, Answers to Questions on Notice, AMSA, 5
July 2002.
[908] Transcript
of Evidence, CMI 1876; RCC file Aus/2001/7534.2, Answers to Questions on
Notice, AMSA, 5 July 2002.
[909] RCC file Aus/ /7534, Answers to Questions on
Notice, AMSA, 5 July 2002.
[910] RCC ref: Y1022196, Answers to Questions on
Notice, AMSA, 5 July 2002.
[911] Transcript
of Evidence, CMI 1873-1874; RCC file [no detail], Answers to Questions on
Notice, AMSA, 5 July 2002.
[912] Transcript
of Evidence, CMI 1878.
[913] Transcript
of Evidence, CMI 1370.
[914] Defence review of SIEV X intelligence,
Attachment A, p.3.
[915] Answers to Questions on Notice, Defence, 20
September 2002, W82.
[916] DIMA Intelligence Note 83/2001, 23 October 2001,
p.2.
[917] Answers to Questions on Notice, Defence, 20
September 2002, W82.
[918] Answers to Questions on Notice, Defence, 20
September 2002, W64.
[919] DIMA Intelligence Note 80/2001, 18 October 2001,
p.3.
[920] DIMA Intelligence Note 80/2001, 18 October 2001,
p.3.
[921] The PST meeting started around 3.15pm, Transcript of Evidence, CMI 1728. It
should be noted that these notes mis-attribute SIEV X as ‘SIEV 8’. See the
following correspondence to the Committee on the matter: Mr J Whalan, PM &
C, 21 June 2002; Rear Admiral R Gates, 21 June 2002; and Minister for Defence,
undated, received 25 June 2002.
[922] PST Notes, ‘People Smuggling Taskforce – High
Level Group Meeting 22 October 2001. Ms Katrina Edwards of PM&C told the
Committee that it was seen as significant that ‘there had been no calls from
relatives [in Australia], who are often well briefed on when to expect an arrival’.
Transcript of Evidence, CMI 1706.
[923] Transcript
of Evidence, CMI 2124.
[924] Transcript
of Evidence, CMI 2098.
[925] Transcript
of Evidence, CMI 2098.
[926] Transcript
of Evidence, CMI 2028.
[927] Transcript
of Evidence, CMI 2098.
[928] Transcript
of Evidence, CMI 2097.
[929] Transcript
of Evidence, 2123-2125
[930] Transcript
of Evidence, CMI 2123.
[931] Transcript
of Evidence, CMI 2125.
[932] Transcript
of Evidence, CMI 2141.
[933] Transcript
of Evidence, CMI 1706.
[934] Transcript
of Evidence, CMI 1706.
[935] Transcript
of Evidence, CMI 2115.
[936] SIEV X Chronology, Defence review of SIEV X
intelligence, Attachment A, p.3.
[937] DIMA Intelligence Note 83/2001, 23 October 2001,
p.2.
[938] Transcript
of Evidence, CMI 1706. See also Transcript
of Evidence, CMI 2128.
[939] PM & C e-mail traffic.
[940] PM & C e-mail traffic.
[941] Transcript
of Evidence, CMI 1638.
[942] Transcript
of Evidence, CMI 676.
[943] Attachment B, ‘Surveillance in the Christmas
Island Area 18-20 Oct 01’, in the declassified summary of the Defence review of
SIEV X intelligence, Minister of Defence to CMI, undated, received 4 July 2002,
p.1.
[944] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Legislation Committee, 4 June 2002, p.152.
[945] Transcript
of Evidence, CMI 488; Transcript of
Evidence, Estimates, Senate Foreign Affairs, Defence and Trade Legislation
Committee, 4 June 2002, p.162.
[946] See Attachment A, ‘SIEV X’, p.2 and B,
‘Surveillance in the Christmas Island Area 18-20 Oct 01’, p.1.
[947] Transcript
of Evidence, CMI 2154, see also 2163.
[948] Attachment A, ‘SIEV X’, p.2.
[949] Attachment A, ‘SIEV X’, p.2. See also Air
Commodore Byrne, Transcript of Evidence,
CMI 2154-2155.
[950] Transcript
of Evidence, CMI 1632.
[951] Transcript
of Evidence, CMI 1375.
[952] Attachment A, ‘SIEV X’, p.1.
[953] Transcript
of Evidence, CMI 2177.
[954] Times are in Timezone Golf, ie, the local time
in area Charlie.
[955] Transcript
of Evidence, CMI 2165.
[956] Attachment B, ‘Surveillance in the Christmas
Island Area 18-20 Oct 01’, p.1.
[957] Attachment B, ‘Surveillance in the Christmas
Island Area 18-20 Oct 01’, p.1.
[958] Attachment B, ‘Surveillance in the Christmas
Island Area 18-20 Oct 01’, p.2.
[959] Attachment B, ‘Surveillance in the Christmas
Island Area 18-20 Oct 01’, p.2.
[960] Transcript
of Evidence, CMI 2165.
[961] Attachment B, ‘Surveillance in the Christmas
Island Area 18-20 Oct 01’, p.3.
[962] Transcript
of Evidence, CMI 2170.
[963] Transcript
of Evidence, CMI 2171. See also Attachment B, ‘Surveillance in the
Christmas Island Area 18-20 Oct 01’, p.3.
[964] Transcript
of Evidence, CMI 2173.
[965] Transcript
of Evidence, CMI 2169-2170.
[966] Transcript
of Evidence, CMI 2170.
[967] Transcript
of Evidence, CMI 2170.
[968] Transcript
of Evidence, CMI 2178.
[969] Attachment B, ‘Surveillance in the Christmas
Island Area 18-20 Oct 01’, p.3.
[970] Transcript
of Evidence, CMI 2178.
[971] Roberta Wohlstetteer, Pearl Harbour: Warning and Decision, Stanford University Press,
California, 1962, p.397.
[972] Transcript
of Evidence, CMI 449.
[973] See Admiral Barrie, Transcript of Evidence, CMI 741.
[974] Colonel Gallagher stated: ‘During October 2001,
in addition to providing intelligence in support of Operation Relex, the ASTJIC
provided high levels of support to actual or potential ADF operations in the
Middle East, Central Asia, the Arabian Gulf, East Timor, Bougainville, the
Solomon Islands and the Southern Ocean. During the same period, the ASTJIC was
also monitoring the security of ADF deployments to Bosnia and Kosovo, Israel
and Lebanon, the Sinai, Sierra Leone, Eritrea and Ethiopia, and Mozambique. It
was clearly a busy time for the ASTJIC and the Australian Theatre as a whole.’ Transcript of Evidence, CMI 1884.
[975] The change over occurred on 1 November 2001. Transcript of Evidence, CMI 1888-1889.
[976] Transcript
of Evidence, CMI 1995, 2007, 2028.
[977] Transcript
of Evidence, CMI 1630.
[978] Transcript
of Evidence, CMI 2013. The DIMA Intelligence Notes, however, talk of only
five boats. See DIMA Intelligence Note 79/2001, 17 October 2001, p.1.
[979] DIMA Intelligence Note 80/2001, 18 October 2001,
p.2.
[980] DIMA Intelligence Note 80/2001, 18 October 2001,
p.3.
[981] Transcript
of Evidence, CMI 1995. PST Notes, ‘High Level Group – 12 October 2001’.
[982] PST Notes, ‘People Smuggling Taskforce – High
Level SubGroup, Thursday 18 October 2001’. Cited also in Transcript of Evidence, CMI 2014.
[983] See Ms Halton, Transcript of Evidence, CMI 2100; PST Notes for 19 and 20 October
especially.
[984] Transcript
of Evidence, CMI 2100; see also Transcript of Evidence, CMI 2097.
[985] See also Rear Admiral Smith, ‘Clarification of
Evidence’, letter to CMI, 22 May 2002, p.3.
[986] Transcript
of Evidence, CMI 1894.
[987] Transcript
of Evidence, CMI 455.
[988] Transcript
of Evidence, CMI 461.
[989] Transcript
of Evidence, CMI 1894.
[990] Transcript
of Evidence, CMI 462.
[991] Rear Admiral Ritchie, Transcript of Evidence, Estimates, Senate Foreign Affairs, Defence
and Trade Legislation Committee, 4 June 2002, p.154.
[992] Transcript
of Evidence, CMI 1630. See also Rear Admiral Smith, ‘Clarification of
Evidence’, letter to CMI, 22 May 2002, p.1.
[993] Answers to Questions on Notice, Defence, 20
September 2002, W69.
[994] Transcript
of Evidence, CMI 454.
[995] Rear Admiral Ritchie, Transcript of Evidence, Estimates, Senate Foreign Affairs, Defence
and Trade Legislation Committee, 4 June 2002, p.155.
[996] Transcript
of Evidence, CMI 2161.
[997] Transcript
of Evidence, CMI 2161.
[998] Rear Admiral Ritchie, Transcript of Evidence, Estimates, Senate Foreign Affairs, Defence
and Trade Legislation Committee, 4 June 2002, p.162.
[999] SIEV ‘X’, Attachment A in the declassified
summary of the Defence review of SIEV X intelligence, Minister of Defence to
CMI, undated, received 4 July 2002, p.1.
[1000] Transcript
of Evidence, CMI 1630, 1912, 1925, 2028.
[1001] Transcript
of Evidence, CMI 1925. HQNORCOM echoed these concerns about the reliability
of sources and misinformation encountered with the intelligence. See Answers to
Questions on Notice, Defence, 20 September 2002, W68.
[1002] Transcript
of Evidence, CMI 1925. See also Ms Siegmund, DIMIA, on intelligence
forecasting being ‘not an exact science’, Transcript
of Evidence, CMI 2018.
[1003] Transcript
of Evidence, CMI 2020.
[1004] Transcript
of Evidence, CMI 1925.
[1005] Rear Admiral Smith, ‘Clarification of
Evidence’, letter to CMI, 22 May 2002, p.3.
[1006] Transcript
of Evidence, CMI 1630.
[1007] Transcript
of Evidence, CMI 1891. Rear Admiral Ritchie also observed that: ‘I would
say to you that there were many more boats mentioned in the intelligence that
we actually ever saw’. Transcript of
Evidence, CMI 153.
[1008] Answers to Questions on Notice, Defence, 20
September 2002, W68.
[1009] Transcript
of Evidence, CMI 947.
[1010] Transcript
of Evidence, CMI 948.
[1011] Transcript
of Evidence, CMI 2017.
[1012] Answers to Questions on Notice, Defence, 20
September 2002, W68.
[1013] Transcript
of Evidence, CMI 2028.
[1014] Transcript
of Evidence, CMI 2013.
[1015] Transcript
of Evidence, CMI 1959.
[1016] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade
Legislation Committee, 4 June 2002, p.153.
[1017] Transcript
of Evidence, CMI 1925. See also Ms Siegmund, DIMIA, on intelligence
forecasting being ‘not an exact science’, Transcript
of Evidence, CMI 2018.
[1018] Transcript
of Evidence, CMI 2020-2021. For example, Air Commodore Byrne also said of
the boat intelligence, ‘The reports, on a daily basis, were providing
indications of possible departures’. Transcript
of Evidence, CMI 2159.
[1019] Answers to Questions on Notice, Defence, 20
September 2002, W68.
[1020] Transcript
of Evidence, CMI 1894.
[1021] Transcript
of Evidence, CMI 1912-1913.
[1022] Rear Admiral Ritchie, Transcript of Evidence, Estimates, Senate Foreign Affairs, Defence
and Trade Legislation Committee, 4 June 2002, p.152.
[1023] Transcript
of Evidence, CMI 2013.
[1024] Transcript
of Evidence, CMI 1653.
[1025] Transcript
of Evidence, CMI 2013.
[1026] Transcript
of Evidence, CMI 2016.
[1027] Transcript
of Evidence, CMI 1665.
[1028] Transcript
of Evidence, CMI 1325. Submission No. 2A.
[1029] Rear Admiral Smith, ‘Clarification of Evidence’,
letter to CMI, 22 May 2002, p.3.
[1030] Transcript
of Evidence, CMI 1641.
[1031] Transcript
of Evidence, CMI 1639.
[1032] Transcript
of Evidence, CMI 1654.
[1033] Transcript
of Evidence, CMI 1910.
[1034] Answers to Questions on Notice, Defence, 20
September 2002, Attachment B.
[1035] Answers to Questions on Notice, Defence, 20
September 2002, W75.
[1036] Answers to Questions on Notice, Defence, 20
September 2002, W73.
[1037] Transcript
of Evidence, CMI 2022.
[1038] PST Notes, ‘People Smuggling Taskforce – High
Level SubGroup, Thursday 18 October 2001’. Cited also in Transcript of Evidence, CMI 2014.
[1039] Transcript
of Evidence, CMI 2013.
[1040] Answers to Questions on Notice, DIMIA, 20
September 2002.
[1041] As explained in chapter 8.
[1042] Transcript
of Evidence, CMI 1643.
[1043] Transcript
of Evidence, CMI 1643.
[1044] Transcript
of Evidence, 1910.
[1045] Transcript
of Evidence, CMI 1727.
[1046] Transcript
of Evidence, CMI 1706. In fact, the PST meeting started at 3.15pm, half an
hour after Coastwatch had telephoned and faxed through the overdue notice to
AusSAR. According to Ms Halton’s evidence, during the meeting the Coastwatch
representative contacted AMSA/AusSAR and reported back to the meeting, ‘They
have already issued an alert’. Transcript
of Evidence, CMI 2141.
[1047] PST Notes, ‘People Smuggling Taskforce – High
Level Group Meeting 22 October 2001’.
[1048] Transcript
of Evidence, CMI 2028.
[1049] Transcript
of Evidence, CMI 2098.
[1050] Transcript
of Evidence, CMI 2123.
[1051] Transcript
of Evidence, CMI 2123.
[1052] Transcript
of Evidence, CMI 343-344.
[1053] See Attachment A, ‘SIEV X’, Defence review of
SIEV X intelligence, pp.2-3.
[1054] See Colonel Gallagher on the impact of
different points of departure on transit calculations, Transcript of Evidence, CMI 1912-1913.
[1055] Rear Admiral Ritchie, Transcript of Evidence, Estimates, Senate Foreign Affairs, Defence
and Trade Legislation Committee, 4 June 2002, p.156.
[1056] Transcript
of Evidence, CMI 2177.
[1057] Transcript
of Evidence, CMI 2165.
[1058] Transcript
of Evidence, CMI 2165.
[1059] Transcript
of Evidence, CMI 1665.
[1060] DIMA Intelligence Note 81/2001, 19 October
2001, p.2.
[1061] Transcript
of Evidence, CMI 2180.
[1062] Matrix of SIEV incidents, tabled by Rear
Admiral Smith, 5 April 2002.
[1063] As revealed in DIMA Intelligence Note 81/2001,
19 October 2001, p.2.
[1064] Rear
Admiral Smith, ‘Clarification of Evidence’, letter to CMI, 22 May 2002, p.2.
[1065] Answers to Questions on Notice, Defence, 20
September 2002, W72 and W75.
[1066] Attachment A, Answers to Questions on Notice,
Coastwatch, 17 June 2002.
[1067] Answers to Questions on Notice, Defence, 20
September 2002, W75. See the discussion of this in chapter 8.
[1068] PST Notes, ‘People Smuggling Taskforce – High
Level SubGroup, Thursday 18 October 2001’. Cited also in Transcript of Evidence, CMI 1844.
[1069] Transcript
of Evidence, CMI 1903.
[1070] DIMA Intelligence Note 81/2001, 19 October
2001, p.2.
[1071] Answers to Questions on Notice, Defence, 20
September 2002, W67.
[1072] Transcript
of Evidence, CMI 2178.
[1073] Transcript
of Evidence, CMI 1372.
[1074] Transcript
of Evidence, CMI 1879.
[1075] Transcript
of Evidence, CMI 1879.
[1076] Transcript
of Evidence, CMI 1880.
[1077] Transcript
of Evidence, CMI 1973.
[1078] Transcript
of Evidence, CMI 2115.
[1079] See in particular, Transcript of Evidence, CMI 2116.
[1080] DIMA Intelligence Note 81/2001, 19 October
2001, p.2.
[1081] Transcript
of Evidence, CMI 2173.
[1082] Transcript
of Evidence, CMI 2180.
[1083] Answers to Questions on Notice, Defence, 20
September 2002, W72.
[1084] Transcript
of Evidence, CMI 1872-1873; RCC file [no detail], Answers to Questions on
Notice, AMSA, 5 July 2002.
[1085] Answers to Questions on Notice, Defence, 20
September 2002, W75.
[1086] Transcript
of Evidence, CMI 1661.
[1087] Transcript
of Evidence, CMI 1892.
[1088] ANAO, Management
Framework for Preventing Unlawful Entry into Australian Territory: Department
of Immigration and Multicultural and Indigenous Affairs, Audit Report No.57
2001-2002, pp.45-46, 50-57.
[1089] ANAO, Management
Framework for Preventing Unlawful Entry into Australian Territory, p.52.
[1090] See chapter 2.
[1091] Answers to Questions on Notice, ADF, 20
September 2002, W66.
[1092] Answers to Questions on Notice, ADF, 20
September 2002, W67.
[1093] Transcript
of Evidence, CMI 741.
[1094] Transcript
of Evidence, CMI 747.
[1095] Department of Prime Minister and Cabinet, Options for Handling Unauthorised Boat
Arrivals: Christmas Island, 7 October 2001, p.4.
[1096] Transcript of the Prime Minister the Hon John
Howard MP Joint Press Conference with the Minister for Immigration the Hon
Philip Ruddock MP, Sydney, 1 September 2001.
[1097] Mary Crock and Ben Saul, Future Seekers: refugees and the law in Australia (Sydney,
Federation Press, 2002), p.10.
[1098] Boat
Arrival Details, Fact Sheet No.74a, Department of Immigration and
Multicultural and Indigenous Affairs, Revised 1 August 2002.
[1099] Mary Crock and Ben Saul, Future Seekers: refugees and the law in Australia, p.23.
[1100] Unauthorised
Arrivals by Air and Sea, Fact Sheet No.74, Department of Immigration and
Multicultural and Indigenous Affairs, Revised 22 July 2002.
[1101] Philip Ruddock, MP, House of Representatives, Hansard, 20 September 2001, pp.31188
[1102] Scott Bennett, Gerard Newman and Andrew Kopras,
Commonwealth Election 2001, Research
Paper No.11 2001-02, Department of the Parliamentary Library, 19 March 2002,
p.10.
[1103] John Howard, MP, House of Representatives, Hansard, 29 August 2001, p.30570.
[1104] Scott Bennett, Gerard Newman and Andrew Kopras,
p.6.
[1105] John Howard, MP, House of Representatives, Hansard, 29 August 2001, p.30517.
[1106] Prime Minister of Australia, MV Tampa – Unauthorised Arrivals, Media
Release, 1 September 2001.
[1107] Prime Minister of Australia, Arrangement with Papua New Guinea to Process
Unauthorised Arrivals, Media Release, 10 October 2001.
[1108] The Prime
Minister is happy about the deal with Nauru and New Zealand to take the people
from the ‘Tampa’, Transcript, The Insiders, ABC, 2 September 2001.
[1109] Mark Dodd, ‘We’ll Take Them, East Timor Says’, The
Age, 1 September 2001.
[1110] Minister for
Foreign Affairs, Doorstop Interview, Adelaide, 31 August 2001.
[1111] Correspondence to the Committee from Mr Jeff
Whalan, Department of Prime Minister and Cabinet, 6 June 2002.
[1112] Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 2 August 2002, Q1.
[1113] Minister
discusses terrorism; and the asylum seekers
on the ‘Manoora’, Transcript, Sunday program, Channel 9, 23 September 2001.
[1114] Submission 17, Adrift in the Pacific; the implications of Australia’s Pacific refugee
solution, Oxfam Community Aid Abroad (February 2002) p20.
[1115] Options
for Handling Unauthorised Boat Arrivals: Christmas Island, p.4.
[1116] Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 2 August 2002, Q1.
[1117] Submission 17, Adrift in the Pacific, p.20.
[1118] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade, 6 June
2002 p.398.
[1119] Submission 17, Adrift in the Pacific, p.21.
[1120] Derek Ingram, ‘Commonwealth Update’, The Round Table 364 (2002), p.150.
[1121] Greg Fry, ‘The “Pacific Solution”’, Refugees and the Myth of a Borderless World,
(Australian National University, 2002) p.26.
[1122] Minister for Foreign Affairs, Fiji Visit, Media Release, 12 December
2001.
[1123] Submission 18.
[1124] Quoted in Adrift
in the Pacific, p.22.
[1125] Refugees
in the Pacific, Joint Statement by the Pacific Council of Churches, Pacific
Desk of the World Council of Churches, Pacific Association of Non-Government
Organisations and others, 26 October 2001.
[1126] Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 19 June 2002.
[1127] Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 19 June 2002.
[1128] Summary
of Progress against the First Administrative Arrangement as at 11 December 2002,
Answers to Questions on Notice, Department of Foreign Affairs and Trade, 2
August 2002.
[1129] First
Administrative Arrangement, Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 19 June 2002.
[1130] Portfolio
Additional Estimates Statements 2001-02, Foreign Affairs and Trade
Portfolio, p83.
[1131] AusAID Answers to Questions on Notice,
Estimates, Senate Foreign Affairs Defence and Trade, 20 February 2002, Q5(iii).
[1132] Memorandum
of Understanding between the Republic of Nauru and the Commonwealth of
Australia for Cooperation in the Administration of Asylum Seekers and Related
Issues, Answers to Questions on Notice, Department of Foreign Affairs and
Trade, 19 June 2002.
[1133] Memorandum
of Understanding between the Republic of Nauru and the Commonwealth of
Australia.
[1134] Answers to Questions on Notice, Department of
Immigration and Multicultural and Indigenous Affairs, 12 June 2002, Q3.
[1135] Schedule
to the Memorandum of Understanding between the Republic of Nauru and the
Commonwealth of Australia for Cooperation, Answers to Questions on Notice,
Department of Foreign Affairs and Trade, 2 August 2002, p.1.
[1136] Minister for Foreign Affairs, Media Release, 11
December 2001.
[1137] Schedule
to the Memorandum of Understanding between the Republic of Nauru and the
Commonwealth of Australia for Cooperation, p.3.
[1138] Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 19 June 2002.
[1139] Portfolio
Additional Estimates Statements 2001-02, Foreign Affairs and Trade Portfolio,
p83.
[1140] Portfolio
Budget Statements 2002-03, Foreign Affairs Defence and Trade Portfolio,
p130.
[1141] Memorandum
of Understanding between the Republic of Nauru and the Commonwealth of
Australia for Cooperation in the Administration of Asylum Seekers and Related
Issues, Answers to Questions on Notice, Department of Foreign Affairs and
Trade, 19 June 2002. P.6.
[1142] Republic
of Nauru Country Brief, Department of Foreign Affairs and Trade.
[1143] Asian Development Bank, Asian Development Outlook 2002 (Oxford University Press, 2002).
[1144] Dr George Gilligan, ‘International Trends in
the Regulation of the Financial Services Sector’, Australian Journal of Corporate Law 14 (2002), p.66.
[1145] Transcript,
Joint Standing Committee on Foreign Affairs, Defence and Trade, 21 May 2002,
p.82.
[1146] Quoted in Adrift
in the Pacific, p.23.
[1147] Submission23, p.5.
[1148] Transcript
of Evidence, CMI 1399.
[1149] Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 19 June 2002.
[1150] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade, 3 June
2002 pp.20.
[1151] Transcript
of Evidence, Estimates, Senate Finance and Public Administration, 28 May
2002, p.140.
[1152] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade, 3 June
2002 pp25.
[1153] Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 19 June 2002.
[1154] Memorandum
of Understanding between the Government of Australia and the Government of the
Independent State of Papua New Guinea, Relating to the Processing of Certain
Persons, and Related Issues, Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 19 June 2002.
[1155] Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 19 June 2002.
[1156] Submission 44, Senate Foreign Affairs, Defence
and Trade Inquiry into Australia’s Relationship with Papua New Guinea and Other
Pacific Island Countries, p.32.
[1157] Papua New
Guinea and Australian Ministers Discuss Issues Concerning Boat People,
Minister for Immigration and Multicultural and Indigenous Affairs Joint
Statement with the Hon Prof John D Waiko, PNG Minister for Foreign Affairs, 3
February 2002.
[1158] Submission 23, p.6.
[1159] Memorandum
of Understanding between the Government of Australia and the Government of the
Independent State of Papua New Guinea, Relating to the Processing of Certain
Persons, and Related Issues, Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 19 June 2002.
[1160] The Hon. Alexander Downer MP, Minister for
Foreign Affairs, Media Release, 17 January 2002.
[1161] Submission 17, Adrift in the Pacific, p.24.
[1162] Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 19 June 2002.
[1163] Mark Forbes and Sophie Douez, ‘New Deal for
Manus’, The Age, 3 October 2002.
[1164] Transcript
of Evidence, CMI, 812.
[1165] Submission 19.
[1166] Submission 23.
[1167] Transcript
of Evidence, CMI 812.
[1168] Submission 25.
[1169] A
Sanctuary under Review: An Examination of Australia’s Refugee and Humanitarian
Determination Processes, Senate Legal and Constitutional References
Committee (June 2000) p.42.
[1170] 1951 Convention Relating to the Status of
Refugees, UNHCR, Article 33(2).
[1171] Ernst Willheim, ‘MV Tampa: the Australian response’, presented at Global
Migrations/Domestic Reactions: A Comparative Constitutional Perspective,
Oxford, May 2002. p.12.
[1172] Transcript
of evidence, CMI 1456.
[1173] Submission
No. 30, Senate Legal and Constitutional References Committee Inquiry into
the Migration Legislation Amendment (Further Border Protection Measures) Bill
2002, p.6.
[1174] Submission
No. 30, Senate Legal and Constitutional References Committee Inquiry into
the Migration Legislation Amendment (Further Border Protection Measures) Bill
2002, p.8.
[1175] Dy Spooner and Nathan Hancock, Bills Digest No.
70, Department of the Parliamentary Library, 2001.
[1176] Mary Crock and Ben Saul (Sydney, Federation
Press, 2002), p.49.
[1177] Ernst Willheim, ‘MV Tampa: the Australian response’, p.12.
[1178] Transcript
of Evidence, Senate Legal and Constitutional References Committee Inquiry
into the Migration Legislation Amendment (Further Border Protection Measures)
Bill 2002, p.11.
[1179] Tabled by DIMIA, CMI, 16/4/02.
[1180] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 30 May 2002, p546.
[1181] Refugees
Arrive in Australia from Manus, Media Release DPS 77/2002, DIMIA, 1 October
2002.
[1182] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 22 February 2002,
p.497.
[1183] Answers to Questions on Notice, Department of
Immigration and Multicultural and Indigenous Affairs, 12 June 2002, Q5.
[1184] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 30 May 2002,
p.553.
[1185] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 30 May 2002,
p.551.
[1186] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 19 February 2002,
pp.303.
[1187] Public
Safety and Security, Answers to Questions on Notice, Department of Foreign
Affairs and Trade, 2 August 2002.
[1188] Tabled by DIMIA, CMI, 16/4/02.
[1189] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 30 May 2002, p660.
[1190] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 19 February 2002,
p304.
[1191] Answers to Questions on Notice, Department of
Defence, W62.
[1192] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 30 May 2002,
p.553.
[1193] Submission 17, Adrift in the Pacific, p.9.
[1194] Transcript
of Evidence, CMI 1479; Submission 19; Submission 17; Submission 18;
Submission 23; Submission 24.
[1195] Submission 23, p.4.
[1196] Transcript
of Evidence, CMI p1411.
[1197] Submission17, Adrift in the Pacific, p.9.
[1198] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 30 May 2002, p552.
[1199]
Transcript of Joint Doorstop, Leader of
the Opposition with Julia Gillard, Shadow
Minister for Immigration and Population, Monash University Gippsland Campus, 5
February 2002.
[1200] Offshore
Processing Arrangements, Fact Sheet No.76, Department of Immigration and
Multicultural and Indigenous Affairs.
[1201] Transcript
of Evidence, CMI 1412.
[1202] Submission
No.23. p4.
[1203] Transcript
of Evidence, CMI 1985ff.
[1204] Correction to Answers to Questions on Notice,
Department of Immigration and Multicultural and Indigenous Affairs, 15 July
2002.
[1205] Answers to Questions on Notice, Department of
Immigration and Multicultural and Indigenous Affairs, 12 June 2002, Q16.
[1206] Michael Madigan, Herald Sun, 7 February 2002 and Greg Roberts, The Age, 6 February 2002.
[1207] Answers to Questions on Notice, Department of
Immigration and Multicultural and Indigenous Affairs, 12 June 2002, Q16.
[1208] Transcript
of evidence, CMI 1412.
[1209] Answers to Questions on Notice, Department of
Immigration and Multicultural and Indigenous Affairs, 12 June 2002, Q19.
[1210] Answers to Questions on Notice, Department of
Immigration and Multicultural and Indigenous Affairs, 12 June 2002, Q17.
[1211] Answers to Questions on Notice, Department of
Immigration and Multicultural and Indigenous Affairs, 12 June 2002, Q19.
[1212] Answers to Questions on Notice, Department of
Immigration and Multicultural and Indigenous Affairs, 12 June 2002, Q18.
[1213] Submission 23, p.5.
[1214] Memorandum
of Understanding between the Republic of Nauru and the Commonwealth of
Australia for Cooperation in the Administration of Asylum Seekers and Related
Issues, Answers to Questions on Notice, Department of Foreign Affairs and
Trade, 19 June 2002.
[1215] Dy Spooner and Nathan Hancock, Bills Digest No.
69 2001-02, Department of the Parliamentary Library, 26 September 2001, pp.3.
[1216] Dy Spooner and Nathan Hancock, Bills Digest No.
70 2000-01, Department of the Parliamentary Library, 26 September 2001, p.2.
[1217] Submission 44, Senate Foreign Affairs, Defence
and Trade Inquiry into Australia’s Relationship with Papua New Guinea and Other
Pacific Island Countries, p.34.
[1218] Ernst Willheim, ‘MV Tampa: the Australian response’, presented at Global
Migrations/Domestic Reactions: A Comparative Constitutional Perspective,
Headington Hill Hall, Oxford Brookes University, 24 May 2002. p.25.
[1219] Boats,
Christmas Island, Transcript of Press Conference, Minister for Immigration
and Multicultural and Indigenous Affairs, 10 September 2001.
[1220] Submission 44, Senate Foreign Affairs, Defence
and Trade Inquiry into Australia’s Relationship with Papua New Guinea and Other
Pacific Island Countries, p.33.
[1221] Submission 44, Senate Foreign Affairs, Defence
and Trade Inquiry into Australia’s Relationship with Papua New Guinea and Other
Pacific Island Countries, p.34.
[1222] Answers to Questions on Notice, Department of
Immigration and Multicultural and Indigenous Affairs, 12 June 2002, Q4.
[1223] Correspondence from United Nations High
Commissioner for Refugees to Counsellor (Immigration), Permanent Mission of
Australia to the United Nations Office in Geneva, 22 October 2001.
[1224] Tabled by DIMIA, CMI, 16/4/02.
[1225] Transcript
of Evidence, CMI 812.
[1226] Transcript
of Evidence, CMI 1477.
[1227] Answers to Questions on Notice, Department of
Immigration and Multicultural and Indigenous Affairs, 12 June 2002, Q38.
[1228] Submission 44, Senate Foreign Affairs, Defence
and Trade Inquiry into Australia’s Relationship with Papua New Guinea and Other
Pacific Island Countries, p.34.
[1229] Transcript
of Evidence, CMI 809.
[1230] Transcript
of Evidence, CMI 809.
[1231] Transcript
of Evidence, CMI 810.
[1232] Transcript
of Evidence, CMI 811.
[1233] Transcript
of Evidence, CMI 812
[1234] Submission
No.19A.
[1235] Submission
No. 30, Senate Legal and Constitutional References Committee Inquiry into
the Migration Legislation Amendment (Further Border Protection Measures) Bill
2002, p.7.
[1236] Transcript
of Evidence, Senate Legal and Constitutional References Committee Inquiry
into the Migration Legislation Amendment (Further Border Protection Measures)
Bill 2002, 48.
[1237] Quoted in Adrift
in the Pacific, p.14.
[1238] Asylum Review Decisions on Nauru and Manus,
Media Release DPS 72/2002 , DIMIA, 18 September 2002.
[1239] Asylum
Review Decisions on Nauru and Manus.
[1240] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 30 May 2002,
p.550.
[1241] Asylum
Seeker Decisions Handed Down on Nauru and Manus, Media Release DPS 20/2002,
DIMIA, 8 April 2002.
[1242] More
Asylum Decisions Handed Down on Nauru, Media Release DPS 38/2002, DIMIA, 20
June 2002.
[1243] Asylum
Review Decisions on Nauru and Manus, Media Release DPS 72/2002 , DIMIA, 18
September 2002.
[1244] Mary Crock and Ben Saul, Future Eaters: refugees and the law in Australia (Sydney,
Federation Press, 2002), p.50.
[1245] Transcript, Interview with Rt Hon Helen Clark,
Prime Minister of New Zealand, National Ten Network Meet the Press, 3 March 2002.
[1246] Answers to Questions on Notice, Department of
Immigration and Multicultural and Indigenous Affairs, 12 June 2002, Q26.
[1247] Asylum
Review Decisions on Nauru and Manus.
[1248] Outcome
of Processing of Offshore Entry Persons, DIMIA, Response to Question 6,
Senate Inquiry into Migration Amendment (Further Border Protection Measures)
Bill 2002, Tabled 17 September 2002.
[1249] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 30 May 2002,
p.548.
[1250] Refugees
Arrive in Australia from Manus, Media Release DPS 77/2002, DIMIA, 1 October
2002.
[1251] Outcome
of Processing of Offshore Entry Persons, DIMIA.
[1252] Outcome
of Processing of Offshore Entry Persons, DIMIA.
[1253] Transcript, Minister Ruddock on 7.30 Report,
ABC, 10 April 2002.
[1254] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 30 May 2002, p549.
[1255] Submission 44, Senate Foreign Affairs, Defence
and Trade Inquiry into Australia’s Relationship with Papua New Guinea and Other
Pacific Island Countries, p.35
[1256] Submission
No. 30, Senate Legal and Constitutional References Committee Inquiry into
the Migration Legislation Amendment (Further Border Protection Measures) Bill
2002, p.8.
[1257] Reintegration
Package for Afghans Announced, Media Release MPS 38/2002, Minister for
Immigration and Multicultural and Indigenous Affairs, 23 May 2002.
[1258] Reintegration
Package for Afghans, Fact Sheet No.80, Department of Immigration and
Multicultural and Indigenous Affairs.
[1259] Reintegration
Package Extended to non-Afghans, Media Release, Minister for Immigration
and Multicultural and Indigenous Affairs MPS 42/2002, 30 May 2002.
[1260] Transcript
of Evidence, Estimates, Senate Legal and Constitutional, 30 May 2002,
pp.551.
[1261] Reintegration
Package for Afghans, Fact Sheet No.80, Department of Immigration and
Multicultural and Indigenous Affairs.
[1262] Submission 44, Senate Foreign Affairs, Defence
and Trade Inquiry into Australia’s Relationship with Papua New Guinea and Other
Pacific Island Countries, p.35
[1263] Transcript
of Evidence, CMI 825.
[1264]
Explanatory Memorandum, Migration
Amendment (Excision from Migration Zone) (Consequential Provisions) Bill 2001.
[1265] Philip Ruddock, MP, Second Reading Speech
Migration Amendment Bill (No.6) 2001, House of Representatives, Hansard, p.30420.
[1266] Submission 25, p.14.
[1267] Tabled by DIMIA, CMI, 16/4/02.
[1268] Migration
Amendment (Excision from Migration Zone) Act No.127, 2001.
[1269] New
Humanitarian Visa System, Fact Sheet No.65, Department of Immigration and
Multicultural and Indigenous Affairs.
[1270] Submission
No. 30, Senate Legal and Constitutional References Committee Inquiry into
the Migration Legislation Amendment (Further Border Protection Measures) Bill
2002, p.5.
[1271] Transcript
of Evidence, CMI 825.
[1272] New
Humanitarian Visa System, Fact Sheet No.65, Department of Immigration and
Multicultural and Indigenous Affairs.
[1273] Transcript
of Evidence, CMI 813.
[1274] Outcome
of Processing of Offshore Entry Persons, DIMIA.
[1275] Answers to Questions on Notice, Estimates,
Senate Legal and Constitutional, 19 and 22 February 2002, Q100.
[1276] Submission 44, Senate Foreign Affairs, Defence
and Trade Inquiry into Australia’s Relationship with Papua New Guinea and Other
Pacific Island Countries, p.36.
[1277] Answers to Questions on Notice, Estimates,
Senate Legal and Constitutional, 19 and 22 February 2002, Q100.
[1278] Portfolio
Budget Statements 2002-03, Immigration and Multicultural and Indigenous Affairs
Portfolio, p71.
[1279] Portfolio
Budget Statements 2002-03, Immigration and Multicultural and Indigenous Affairs
Portfolio, p70.
[1280] Portfolio
Budget Statements 2002-03, Immigration and Multicultural and Indigenous Affairs
Portfolio, p71.
[1281] Portfolio
Budget Statements 2002-03, Immigration and Multicultural and Indigenous Affairs
Portfolio, p68.
[1282] Portfolio
Budget Statements 2002-03, Immigration and Multicultural and Indigenous Affairs
Portfolio, p73.
[1283] Portfolio
Budget Statements 2002-03, Immigration and Multicultural and Indigenous Affairs
Portfolio, p71.
[1284] Portfolio
Budget Statements 2002-03, Immigration and Multicultural and Indigenous Affairs
Portfolio, p72.
[1285] Portfolio
Budget Statements 2002-03, Immigration and Multicultural and Indigenous Affairs
Portfolio, p73.
[1286] Answers to Questions on Notice, Department of
Foreign Affairs and Trade, 19 June 2002.
[1287] Portfolio
Additional Estimates Statements 2001-02, Foreign Affairs and Trade Portfolio,
p83.
[1288] Portfolio
Budget Statements 2002-03, Foreign Affairs Defence and Trade Portfolio,
p130.
[1289] Portfolio
Budget Statements 2002-03, Foreign Affairs Defence and Trade Portfolio,
p127.
[1290] Australia’s
Overseas Aid Program 2002-03, Statement by the Hon Alexander Downer MP,
Minister for Foreign Affairs, 14 May 2002, p.26.
[1291] AusAID Answers to Questions on Notice,
Estimates, Senate Foreign Affairs Defence and Trade, 20 February 2002, Q2.
[1292] Transcript
of Evidence, CMI 828.
[1293] Papua New
Guinea and Australian Ministers Discuss Issues Concerning Boat People,
Minister for Immigration and Multicultural and Indigenous Affairs Joint
Statement with the Hon Prof John D Waiko, PNG Minister for Foreign Affairs, 3
February 2002.
[1294] Transcript
of Evidence, CMI 1454.
[1295] Submissions 17, 18 and 22.
[1296] Transcript
of Evidence, Estimates, Senate Foreign Affairs and Trade, 6 June 2002. p.
442.
[1297] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade, 6 June
2002, p.398.
[1298] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade, 6 June
2002, p.397.
[1299] Portfolio
Budget Statements 2002-03, Foreign Affairs and Trade Portfolio, p.35.
[1300] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade, 6 June
2002, p.401.
[1301] Transcript
of Evidence, Estimates, Senate Foreign Affairs, Defence and Trade, 4 June
2002, p.134.
[1302] Answers to Questions on Notice, Department of
Defence, Question W62.
[1303] Portfolio
Additional Estimates Statements 2001-02, Defence Portfolio, p.12.
[1304] Portfolio
Budget Statements 2002-03, Defence Portfolio, pp71.
[1305] Answers to Questions on Notice, Department of
Defence, Question W63.
[1306] Answers to Questions on Notice, Department of
Defence, Question W62.
[1307] Answers to Questions on Notice, Department of
Defence, Question W63.
[1308] Answers to Questions on Notice, Department of
Defence, Question W62.
[1309] Answers to Questions on Notice, Department of
Defence, Question W61.
[1310] Answers to Questions on Notice, Department of
Defence, Question W62.
[1311] Answers to Questions on Notice, Department of
Immigration and Multicultural and Indigenous Affairs, 12 June 2002, Q14.
[1312] Portfolio
Budget Statements 2002-03, Immigration and Multicultural and Indigenous Affairs
Portfolio, p68.
[1313] Boat
Arrival Details, Fact Sheet No.74a, Department of Immigration and
Multicultural and Indigenous Affairs, Revised 1 August 2002.
[1314] Offshore
Processing Arrangements, Fact Sheet No.76, Department of Immigration and
Multicultural and Indigenous Affairs.
[1315] Submission 44, Senate Foreign Affairs, Defence
and Trade Inquiry into Australia’s Relationship with Papua New Guinea and Other
Pacific Island Countries, p.36.
93
UNHCR Note on Basic Considerations Regarding Returns
to Afghanistan from Non-Neighbouring States, 10 July 2002.
[1316] Submission 44, Senate Foreign
Affairs, Defence and Trade Inquiry into Australia’s Relationship with Papua New
Guinea and Other Pacific Island Countries, p.34.
[1317] Submission 44, Senate Foreign
Affairs, Defence and Trade Inquiry into Australia’s Relationship with Papua New
Guinea and Other Pacific Island Countries, p.34.
[1318] Majority Report, 9.132
2 Majority Report, 9.135
3 Majority Report, 9.136
4 Defence Answers to Questions on Notice,
20 September 2002 W66.
5 Defence
Answers to Questions on Notice, 20 September 2002 W67.
6 Australian National Audit
Office, Performance Audit Report, Management Framework for Preventing Unlawful
Entry into Australian Territory, 2001-2002,
p 46
7 Australian
National Audit Office, Performance
report ‘ Management Framework for
Preventing Unlawful Entry into Australian Territory’ 2001-2002, p..61
8 ibid, p.
68
9 Convention Relating to the Status of Refugees (UN, 1951)
10 ibid, p.3
11 September 2001 Re-Election
statement
12 SBS Four Corners Program, The Inside Story 2001
13 Transcript
of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1319] Majority
Report, 9.135
3 Majority Report, 9.136
4 Defence Answers to Questions on Notice,
20 September 2002 W66.
5 Defence
Answers to Questions on Notice, 20 September 2002 W67.
6 Australian National Audit
Office, Performance Audit Report, Management Framework for Preventing Unlawful
Entry into Australian Territory, 2001-2002,
p 46
7 Australian
National Audit Office, Performance
report ‘ Management Framework for
Preventing Unlawful Entry into Australian Territory’ 2001-2002, p..61
8 ibid, p.
68
9 Convention Relating to the Status of Refugees (UN, 1951)
10 ibid, p.3
11 September 2001 Re-Election
statement
12 SBS Four Corners Program, The Inside Story 2001
13 Transcript
of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1320] Majority Report, 9.136
4 Defence Answers to Questions on Notice,
20 September 2002 W66.
5 Defence
Answers to Questions on Notice, 20 September 2002 W67.
6 Australian National Audit
Office, Performance Audit Report, Management Framework for Preventing Unlawful
Entry into Australian Territory, 2001-2002,
p 46
7 Australian
National Audit Office, Performance
report ‘ Management Framework for
Preventing Unlawful Entry into Australian Territory’ 2001-2002, p..61
8 ibid, p.
68
9 Convention Relating to the Status of Refugees (UN, 1951)
10 ibid, p.3
11 September 2001 Re-Election
statement
12 SBS Four Corners Program, The Inside Story 2001
13 Transcript
of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1321]
Defence Answers to Questions on Notice,
20 September 2002 W66.
5 Defence
Answers to Questions on Notice, 20 September 2002 W67.
6 Australian National Audit
Office, Performance Audit Report, Management Framework for Preventing Unlawful
Entry into Australian Territory, 2001-2002,
p 46
7 Australian
National Audit Office, Performance
report ‘ Management Framework for
Preventing Unlawful Entry into Australian Territory’ 2001-2002, p..61
8 ibid, p.
68
9 Convention Relating to the Status of Refugees (UN, 1951)
10 ibid, p.3
11 September 2001 Re-Election
statement
12 SBS Four Corners Program, The Inside Story 2001
13 Transcript
of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1322] Defence Answers to Questions on Notice,
20 September 2002 W67.
6 Australian National Audit
Office, Performance Audit Report, Management Framework for Preventing Unlawful
Entry into Australian Territory, 2001-2002,
p 46
7 Australian
National Audit Office, Performance
report ‘ Management Framework for
Preventing Unlawful Entry into Australian Territory’ 2001-2002, p..61
8 ibid, p.
68
9 Convention Relating to the Status of Refugees (UN, 1951)
10 ibid, p.3
11 September 2001 Re-Election
statement
12 SBS Four Corners Program, The Inside Story 2001
13 Transcript
of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1323] Australian
National Audit Office, Performance
Audit Report, Management Framework for
Preventing Unlawful Entry into Australian Territory, 2001-2002, p 46
7 Australian
National Audit Office, Performance
report ‘ Management Framework for
Preventing Unlawful Entry into Australian Territory’ 2001-2002, p..61
8 ibid, p.
68
9 Convention Relating to the Status of Refugees (UN, 1951)
10 ibid, p.3
11 September 2001 Re-Election
statement
12 SBS Four Corners Program, The Inside Story 2001
13 Transcript
of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1324] Australian
National Audit Office, Performance
report ‘ Management Framework for
Preventing Unlawful Entry into Australian Territory’ 2001-2002, p..61
8 ibid, p.
68
9 Convention Relating to the Status of Refugees (UN, 1951)
10 ibid, p.3
11 September 2001 Re-Election
statement
12 SBS Four Corners Program, The Inside Story 2001
13 Transcript
of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1325] ibid, p.
68
9 Convention Relating to the Status of Refugees (UN, 1951)
10 ibid, p.3
11 September 2001 Re-Election
statement
12 SBS Four Corners Program, The Inside Story 2001
13 Transcript
of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1326] 9 Convention Relating to the Status of
Refugees (UN, 1951)
10 ibid, p.3
11 September 2001 Re-Election
statement
12 SBS Four Corners Program, The Inside Story 2001
13 Transcript
of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1327] 0 ibid,
p.3
11 September 2001 Re-Election
statement
12 SBS Four Corners Program, The Inside Story 2001
13 Transcript
of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1328] 1 September
2001 Re-Election statement
12 SBS Four Corners Program, The Inside Story 2001
13 Transcript
of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1329] 2 SBS
Four Corners Program, The Inside Story 2001
13 Transcript
of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1330]
3 Transcript of Evidence, CMI 464
14 See also ‘Ministerial advisers must
account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1331]
4 See also ‘Ministerial advisers
must account for their actions’, Senator Andrew Murray, Canberra Times, 9th April 2002
[1332]
“New Legislation Next Step in Fighting People Smuggling”, Immigration Minister
Philip Ruddock Press Release, 21 March 2002
[1333]
Question Without Notice, Senator Ray question to Senator Ellison, Senate
Hansard, 2.35pm, 26 September 2002
[1334]
Geoff Raby, DFAT, Senate Estimates, FAD&T, 6 June 2002, p.556-557
[1335]
CMI Committee, 11th July 2002, p.1999
[1336]
Philip Ruddock, “Border Protection; People Smuggling – Australia’s Experience
and Policy Responses – a Background Paper”, DIMIA website, July 2002
[1337]
CMI Committee, 11 July 2002, p.1934
[1338]
CMI Committee, 11 July 2002, p.1934
[1339]
CMI Committee, 11 July 2002, p.1977
[1340]
“Senator Faulkner Has Got It Wrong”, Australian Federal Police Press Release,
26 September 2002
[1341]
“AFP Investigation into Alleged People Smuggler Completed”, AFP Media Release,
24 August 2002
[1342]
Senate Additional Estimates, L&C, 18 February 2002, p.193
[1343]
AFP Director of International Operations Dick Moses, “The
Australian People-Smuggler”, Channel Nine Sunday
Program Cover story, 17 Feb 2002
[1344]
CMI Committee, 11 July 2002, p. 1938
[1345]
Keelty, CMI Committee, 11 July 2002, p.1924
[1346]
“AFP Investigation into Alleged People Smuggler Completed”, AFP Media Release,
24th August 2002
[1347]
Senator Chris Ellison (Minister for Customs and Justice), Migration Amendment (Excision from Migration Zone) Bill
2001 Second Reading Debate, Senate Hansard, 25 September 2001
[1348]
CMI Committee, 11 July, p.1937
[1349]
CMI Committee, 11 July 02, p. 1946
[1350]
Keelty, CMI Committee, 11 July 2002, p.1941
[1351]
Keelty, CMI Committee, 11 July 2002, p. 1945
[1352]
“AFP Investigation into Alleged People
Smuggler Completed”, AFP Media Release, 24 August 2002
[1353]
“The Federal Police and People Smugglers”, Channel Nine Sunday cover story, 1 September 2002
[1354]
CMI Committee, 11 July 2002, p.1981
[1355]
CMI Committee, 11 July 2002, p.1980-1981
[1356]
CMI Committee, 11 July 2002, p.1935
[1357]
CMI Committee, 11 July 2002, p.1938
[1358]
CMI Committee, 11 July 2002, p.1980-1981
[1359]
CMI Committee, 11 July 2002, p.1938
[1360]
CMI Committee, 11 July 2002, p. 2003
[1361]
Senate Estimates, FAD&T, 6 June 2002, p.560
[1362]
“The Federal Police and People Smugglers”, Channel Nine Sunday cover story, 1 September 2002
[1363]
Crimes Act 1914 Part 1AB Controlled Operations, Sixth Annual Report under
Section 15T 2001-2002
[1364]
“The Federal Police and People Smugglers”, Channel Nine Sunday cover story, 1 September 2002
[1365]
CMI Committee, 11 July 2002, p. 2001
[1366]
CMI Committee, 11July 2002, p.1999
[1367]
CMI Committee, 11 July 2002, p. 1999
[1368]
Philip Ruddock, “Border Protection; People Smuggling – Australia’s Experience
and Policy Responses – a Background Paper”, DIMIA website, July 2002
[1369]
Keelty, CMI Committee, 11 July 2002, p.1924
[1370]
Questions Without Notice, Senate Hansard, 2.19pm, 30
August 2001
[1371]
ABC Radio, AM Program, 26 September 2002
[1372]
ABC Radio, PM program, 26 September 2002
[1373]
Sunday Program, Laurie Oakes interview with Robert Hill – Defence Minister, 29
September 2002
[1374]
“Fed: Government and AFP slam sabotage suggestions”, AAP
Wire, Thursday, 26 Sep 2002 at 6:29pm
[1375]
Keelty’s Answers to Questions on Notice, Senate Estimates, L&C, Question On
Notice 129
[1376]
Senate Estimates, L&C, 28 May 2002, p.257
[1377]
John Davies, Senate Additional Estimates, L&C, 19 Feb 2002, p. 209.
[1378]
Raby, DFAT, Senate Estimates, FAD&T, 6 June 2002, p. 553
[1379]
Senate Estimates, FAD&T, 6 June 2002, p.557
[1380]
Ric Smith letter to the Canberra Times, 4 October 2002
[1381]
Senator Cook to Senator Hill, Question Without Notice, 26 September 2002
[1382]
CMI Committee, 11 July 2002, p.1924
[1383]
CMI Committee, 11 July 2002, p.1937
[1384]
CMI Committee, 11 July 2002, p.1938
[1385]
CMI Committee, 11 July 2002, p.1939
[1386]
CMI Committee, 11 July 2002, p. 1939
[1387]
CMI Committee, 11 July 2002, p. 1971
[1388]
CMI Committee, 11 July 2002, p. 1939
[1389]
People Smuggling Taskforce Notes, 10 October 2001,
6pm
[1390]
People Smuggling Taskforce Notes, 12 October 2001:
Present: Jane Halton, four DIMA officials, Shane Castles from AFP etc
[1391]
CMI Committee, 30 July 2002, p. 2089
[1392]
CMI Committee, 11 July 2002, p. 2007
[1393]
CMI Committee, 11 July 2002, p. 1932
[1394]
“Shipwrecked in Indonesia; Destination Australia Following the Asylum Seekers”,
by Lindsay Murdoch, The Age, 6
September 2001
[1395]
“Smugglers ‘got help from Police’”, by Kathryn Shine, The Australian, 20
September 2002
[1396]
SIEV X survivor’s oral videoed accounts taken at the UN hostel in Bogor,
Indonesia on 23 October 2001, translation and transcription by Keysar Trad,
Vice President of the Lebanese Muslim Association of NSW; Attached to Mr Tony
Kevin’s submission to CMI Committee, Submission Number 2
[1397]
“Overload Kills On Voyage Of Doom” by Don Greenlees, The Australian, 24
October, 2001
[1398]
PM Radio ABC radio, Ginny Stein report, 24 October 2001
[1399]
The Five Mysteries of SIEV X, by Ghassan Nakhoul, SBS Radio/Arabic Program, 28
August 2002
[1400]
Asylum seekers' boat sinks in 10 minutes, killing 350, AAP Wire, 3.09pm, 23
October 2001
[1401]
Fed: Howard to investigate reports asylum seekers forced, Melbourne, AAP Wire,
10.14am, 25 October 2001
[1402]
CMI Committee, 11 July 2002, p. 1932
[1403] Transcript
of Evidence, [CMI Inquiry] 12
April 2002, p. 771
[1404]
Majority Report p. 7
[1405]
Majority Report, p. 78
[1406]
Transcript of Proceedings, p. 805
[1407]
Transcript of Evidence, p. 1010.
[1408]
Majority Report, para. 11.106
[1409]
Majority
Report, paras. 11.60 – 11.92
[1410]
Daniel Pipes, Conspiracy: How the Paranoid Style Flourishes and Where
It Comes From, New York: Free Press,
pp. 30-1
[1411]
Local time on board the Adelaide was
known, in military parlance, as “Golf time”.
Unless otherwise indicated, the time of all events on the Adelaide are given in Golf time.
[1412]
Occupants of vessels attempting to effect unlawful entry to Australia were
identified in Defence communications by a rich variety of acronyms, including
“PII”; “UBA” (unauthorised boat
arrivals), “UA” (unauthorised arrivals) and “SUNC” (suspected unauthorised
non-citizens).
[1413] The Australian Defence Force’s
involvement in support of the government’s border protection policy had in fact
commenced the previous week, upon the issuance by the Chief of the Defence
Force of a “Warning Order” on 28 August 2002.
[1414] Transcript
of Evidence, Select Committee on a Certain Maritime Incident p. 323
[1415] Transcript
of Evidence p. 684
[1416] Transcript
of Evidence p. 184
[1417]
Transcript of Evidence pp. 161, 163
[1418]
Transcript of Evidence p. 336
[1419]
Transcript of Evidence pp. 340-1
[1420]
Transcript of Evidence p. 200
[1421]
Transcript of Evidence p. 337
[1422]
Transcript of Evidence pp. 338-9
[1423]
Transcript of Evidence p. 327
[1424]
Transcript of Evidence p. 342
[1425]
Transcript of Evidence p. 707
[1426]
Paragraph 3.87
[1427]
Banks’ evidence of what he saw and of his sources of information at the time of
the incident appears, in particular, at Transcript
of Evidence pp. 244-251.
[1428]
Foreign Affairs Defence & Trade
Estimates Hansard 20 February 2002 p. 124.
[1429]
Transcript of Evidence, pp. 105 &
133
[1430]
Transcript of Evidence p. 204
[1431]
Transcript of Evidence, p. 206
[1432]
Transcript of Evidence p. 213
[1433]
Transcript of Evidence p. 260.
[1434]
Transcript of Evidence pp. 887-8
[1435]
Information in this paragraph is drawn from Cmdr. Banks’ evidence, Transcript of Evidence pp. 162-3, and
the notes to paragraphs 3.18 – 3.34 of the Majority Report.
[1436]
Transcript of Evidence pp. 261-2
[1437]
Hampton Statement to the Bryant Report
[1438]
Transcript of Evidence, p. 742
[1439]
Memorandum, Hon. Peter Reith, 20 November 2001, p. 2
[1440]
Interview Transcript, Peter
Reith/Virginia Trioli, ABC Radio 10 October 2001
[1441]
Transcript of Evidence, pp. 742,
751-2
[1442]
7.30 Report Transcript 10 October
2002 [www.abc.net.au/7.30/s387645.htm]
[1443]
Transcript of Evidence pp. 368-9; 371
[1444]
Silverstone Statement to Powell Report.
See also Silverstone’s evidence at Transcript
of Evidence p. 358
[1445]
Enclosure 2 to Silverstone Statement to Powell Report
[1446]
Transcript of Evidence pp. 584-5
[1447]
Transcript of Evidence p. 533
[1448]
Transcript of Evidence p. 585
[1449]
Transcript of Evidence pp. 368-9
Statement
by Commander Norman Banks, 11 October 2001 “Op. Relex – Commanding Officer’s
Statement Reference SIEV 04 Manoverboards”, p. 4
[1450]
Transcript of Evidence pp. 107-8
[1451]
Transcript of Evidence pp. 107-8
[1452]
Transcript of Evidence pp. 1053-4
[1453]
Foreign Affairs, Defence and Trade
Estimates Committee Hansard 20 February 2002 p. 128
[1454]
Transcript of Evidence pp. 788-90
[1455]
Transcript of Evidence p. 373. Both Ritchie and Barrie agree that the only
topic discussed on 10th October (which was a brief conversation) was
the misattribution of the photographs on the 7.30 Report, while the conversation on 11th was on the
substantive issue of whether the report of children overboard was correct.
[1456]
Foreign Affairs, Defence & Trade Estimates
Committee Hansard 21 February 2002, p. 182
[1457]
Transcript of Evidence p. 742
[1458]
Transcript of Evidence p. 749
[1459]
Foreign Affairs, Defence & Trade
Estimates Committee Hansard 20 Feb 2002, pp. 100-02
[1460]
Transcript of Evidence p. 749
[1461]
Transcript of Evidence p. 758
[1462]
Transcript of Evidence pp. 742-3
[1463]
Transcript of Evidence p. 757
[1464]
Transcript of Evidence pp. 742-3
[1465]
Defence Act 1903, s. 9
[1466]
Transcript of Evidence p. 1060
[1467]
Transcript of Evidence p. 104
[1468]
Foreign Affairs, Defence & Trade
Estimates Committee Hansard 20 February 2002, p. 106
[1469]
Foreign Affairs, Defence & Trade
Estimates Committee Hansard 20
February 2002 pp. 104-5
[1470]
Statement by Hon. Peter Reith 21 February 2002.
[1471]
ibid ABC Transcript, Four Corners 4 March 2002, p. 19
[www.abc.net.au/4corners/stories/s496427.htm]
[1472]
Transcript of Evidence pp. 1059-61
[1473]
Transcript of Evidence pp. 1059-61
[1474]
Transcript of Evidence p. 684
[1475]
Transcript of Evidence p. 1061
[1476]
Transcript of Evidence p. 1062
[1477]
Transcript of Evidence p. 1064
[1478]
Transcript of Evidence p. 1066
[1479]
Transcript of Evidence pp. 1068-9
[1480]
Transcript of Evidence pp. 1075-6
[1481]
Majority Report, 5.61.
[1482]
Majority Report, 5.62 (emphasis added).
[1483]
Transcript of Evidence p. 1684.
[1484]
Majority Report, 5.69 – 5.82.
[1485]
Transcript of Evidence p. 900.
[1486]
Transcript of Evidence p. 901.
[1487]
Transcript of Evidence p. 901.
[1488]
Transcript of Evidence p. 2044.
[1489]
Transcript of Evidence p. 2045.
[1490]
[1]Transcript of Evidence p. 2045.
[1491]
Transcript of Evidence p. 1705 (per
Ms Edwards).
[1492]
Transcript of Evidence p. 2061 (per
Ms Halton).
[1493]
Enclosure to Bryant Report, attached to Statement by Ms Katrina Edwards.
[1494]
It certainly does not justify the imputation by Senator Collins that Ms Halton
accused Ms Edwards of being a liar. See Transcript of Evidence p. 2054.
[1495]
Transcript of Evidence, CMI 953. See also Transcript of Evidence, CMI 957.
[1496]
Transcript of Evidence p. 1705
[1497]
Enclosure to Bryant Report, Statement by Ms Jane Halton.
[1498]
Transcript of Evidence p. 957
[1499]
Transcript of Evidence p. 953.
[1500]
Transcript of Evidence p. 1491.
[1501]
Majority Report, 5.125 – 5.142..
[1502]
Transcript of Evidence p. 1806.
[1503]
Transcript of Evidence p. 1550.
[1504]
Majority Report, 5.136 and Transcript of
Evidence p. 1809.
[1505]
Transcript of Evidence p. 1808.
[1506]
Transcript of Evidence pp. 1550,
1856.
[1507]
Transcript of Evidence pp. 1857 and
1806-7.
[1508]
Transcript of Evidence p. 1806.
[1509]
Mention should also be made of the raising of allegations by Labor senators
that Dr Hammer had attempted to interfere with Commander King in his role as a
witness before this Committee (see, Transcript
of Evidence p. 1829 passim). Having
investigated the matter, however, the Senate Committee on Privileges “accepted
Dr Hammer’s denial of any attempt to influence Cmdr King.” See, Senate Committee of Privileges, 106th Report, August 2002,
1.40.
[1510]
Majority Report 5.132 – 5.134 and Transcript
of Evidence pp. 1550 and 1563.
[1511]
Majority Report 5.144.
[1512]
Transcript of Evidence p. 1025.
[1513]
Government senators note the criticism of Mr Jordana (and the Prime Minister)
in paragraph 6.98 of the Majority Report in relation to his alleged doubts
about the provenance of the photographs.
Again, there is no evidence to support this contention.
[1514]
Transcript of Evidence p. 1023.
[1515]
Transcript of Evidence p. 1026.
[1516]
See, for example, Transcript of Evidence
pp. 977, 1023, 1025.
[1517]
Transcript
of Evidence p. 977.
[1518]
Personal Impressions (Oxford
University Press: 1979)
[1519]
Transcript of Evidence pp. 740, 778
[1520]
David McCullough, John Adams (New
York: Simon & Schuster, 2001), p. 68
[1521] In addition to the twelve numbered SIEVs, a
small number of boats have attempted to land outside the designated area of
Relex’s operation in the period since 3 September 2001. See Additional
Information, Department of Defence, Talking points for Senate Legislation
Committee Additional Estimates Hearing, February 2002.
[1522] Transcript
of Evidence, CMI, 514.
[1523] Transcript
of Evidence, CMI 68ff and passim.
[1524] Transcript
of Evidence, CMI 901.
[1525] Transcript
of Evidence, CMI 448.
[1526] Transcript
of Evidence, CMI, 61.
[1527] SIEV 01
Event Summary, tabled 5 April 2002 by Rear Admiral Smith.
[1528] Sub Lieutenant Sojan, HMAS Warramunga, ‘Statement in the Matter of Op Relex – SIEV 01, 9 April 2002’, Declassified Witness Statements
for SIEVs 1-3 and 5-12.
[1529] SIEV 01
Event Summary.
[1530] Commander Menhinick, Commanding Officer HMAS Warramunga, ‘Statement in the Matter of
SIEV 01 (Aceng), 25 September 2001’, Declassified
Witness Statements for SIEVs 1-3 and 5-12.
[1531] Offshore
Processing Arrangements, Fact Sheet No76, Department of Immigration and
Multicultural and Indigenous Affairs, 5 July 2002.
[1532] SIEV 02
Event Summary, tabled 5 April 2002
by Rear Admiral Smith, indicates that the vessel was located 10
September, however Lieutenant Commander Tziolis, Commanding Officer HMAS Gawler, ‘Statement with Respect to
Specific Issues Raised During Holding Operations of Unauthorised Arrivals from
SIEV 02 Ratna Mujia from 9-12 September 2001’, indicates that HMAS Gawler was
already on site 9 September 2001.
[1533] Lieutenant Commander Tziolis, Commanding
Officer HMAS Gawler, ‘Statement with
Respect to Specific Issues Raised During Holding Operations of Unauthorised
Arrivals from SIEV 02 Ratna Mujia from 9-12 September 2001’, 8 April 2002, Declassified Witness Statements for SIEVs
1-3 and 5-12.
[1534] SIEV 02 Event Summary, tabled 5 April 2002 by
Rear Admiral Smith.
[1535] Lieutenant Price, Executive Officer HMAS Gawler, ‘Statement with Respect to
Specific Issues Raised During Holding Operations of Unauthorised Arrivals from
SIEV 02 Ratna Mujia from 9-12 September 2001’, 9 April 2002, Declassified Witness Statements for SIEVs
1-3 and 5-12.
[1536] Statement by Lieutenant Commander Tziolis.
[1537] Lieutenant Commander Moncrieff, Commanding
Officer HMAS Geelong, ‘Statement in
the Matter of Suspected Illegal Entry Vessel Number Two on 12 September 2001’,
9 April 2002, Declassified Witness
Statements for SIEVs 1-3 and 5-12.
[1538] SIEV 03
Event Summary, tabled 5 April 2002 by Rear Admiral Smith, indicates that
the vessel was intercepted 12 September 2001, however Commander Menhinick,
Commanding Officer HMAS Warramunga,
‘Statement in the Matter of SIEV 03 (KM SUMBER BAHAGIA), 25 September 2001’,
states that contact was established 11 September.
[1539] Commander Menhinick, Commanding Officer HMAS Warramunga, ‘Statement in the Matter of
SIEV 03 (KM SUMBER BAHAGIA), 25 September 2001’, Declassified Witness Statements for SIEVs 1-3 and 5-12.
[1540] Able Seaman Dollisson, Electronic Warfare
Linguist HMAS Warramunga, ‘Statement
in the Matter of SIEV 03 (KM SUMBER BAHAGIA), 25 September 2001’, Declassified Witness Statements for SIEVs
1-3 and 5-12.
[1541] Lieutenant Commander Gregg, Executive Officer
HMAS Warramunga, ‘Statement in the
Matter of SIEV 03 (KM SUMBER BAHAGIA), 25 September 2001’, Declassified Witness Statements
for SIEVs 1-3 and 5-12.
[1542] Statement by Lieutenant Commander Gregg, SIEV
03.
[1543] Statement by Commander Menhinick, SIEV 03.
[1544] Statement by Lieutenant Commander Gregg, SIEV
03.
[1545] Statement by Commander Menhinick, SIEV 03.
[1546] Statement by Commander Menhinick, SIEV 03.
[1547] Transcript
of Evidence, CMI, 448, 512ff.
[1548] SIEV 05
Events Summary, tabled 5 April 2002 by Rear Admiral Smith.
[1549] SIEV 05
Events Summary.
[1550] Lieutenant Commander Gregg, Executive Officer
HMAS Warramunga, ‘Statement in Matter
of SIEV 05’, 9 April 2002, Declassified
Witness Statements for SIEVs 1-3 and 5-12.
[1551] Statement by Commander Gregg, SIEV 05.
[1552] SIEV 05
Events Summary, tabled 5 April 2002 by Rear Admiral Smith
[1553] Statement by Lieutenant Commander Gregg, SIEV
05.
[1554] SIEV 06
Event Summary, tabled 5 April 2002 by Rear Admiral Smith
[1555] SIEV 06
Event Summary.
[1556] Commander Menhinick, Commanding Officer HMAS Warramunga, ‘Statement in Matter of SIEV
06, 30 October 2001’, Declassified
Witness Statements for SIEVs 1-3 and 5-12.
[1557] SIEV 07
Event Summary, tabled 5 April 2002 by Rear Admiral Smith.
[1558] Petty Officer Chief Bosun Smart, ‘Statement in the Matter of the
Boarding of SIEV 7 on Oct 22 2001’, 10 April 2002, Declassified Witness Statements for SIEVs 1-3 and 5-12.
[1559] HMAS Bunbury
SIC ADA/LAB dated 200420Z Feb 02 ‘Request for Information – SIEV Incidents’, Maritime Headquarters Minute, Request for
Information – SIEV/SUNC Incidents, 21 February 2002. This signal refers to the vessel as SIEV 06,
however Rear Admiral Smith advised the Committee that it was SIEV 07, see Transcript of Evidence, CMI, 480.
[1560] Able Seaman Flenley, Electronics Technician
HMAS Bendigo, and Able Seaman Levi,
Bosuns Mate, HMAS Bendigo, ‘Service Police Statements in the Matter of the
Boarding of the SIEV 07 on 22 October 2001’, 25 October 2001, Declassified Witness Statements for SIEVs
1-3 and 5-12.
[1561] SIEV 07
Event Summary.
[1562] SIEV
07 Event Summary, tabled by Rear
Admiral Smith 5 April 2002.
[1563] SIEV 08
Event Summary, tabled by Rear Admiral
Smith 5 April 2002.
[1564] Lieutenant Commander Heron, Commanding Officer
HMAS Wollongong, ‘Statement in the matter of the Boarding of Suspected Illegal
Immigrant Vessel (SIEV) No 8 on 27 October 2001’, 9 April 2002, Declassified Witness Statements for SIEVs
1-3 and 5-12.
[1565] SIEV
09 Event Summary, tabled by Rear
Admiral Smith 5 April 2002.
[1566] LSCIS Pedersen, HMAS Arunta, ‘Statement in the Matter of SIEV 09 Incident 2 – approx
1030 local 31 Oct01’, 8 April 2002, Declassified
Witness Statements for SIEVs 1-3 and 5-12.
[1567] ABEWL Newham, HMAS Arunta, ‘Statement in the Matter of SIEV 09 Incident 3 – approx
2000 local 310ct01’, 8 April 2002, Declassified
Witness Statements for SIEVs 1-3 and 5-12.
[1568] Statement by 5803010 Lt Henry, 9 April 02, Declassified Witness Statements for SIEVs
1-3 and 5-12.
[1569] ABCIS Mc Queen, HMAS Arunta, ‘Statement in the matter of SIEV 9 Incident 3-2017 local
31Oct01’, 8 April 2002, Declassified
Witness Statements for SIEVs 1-3 and 5-12.
[1570] Statement by
Lt Henry.
[1571] Rear Admiral Smith, Maritime Headquarters Minute, Request for Information – SIEV/SUNC
Incidents, 21 February 2002.
[1572] ABCIS Bell, HMAS Arunta, ‘Statement in the matter of SIEV 9 Incident 5 -1739 local,
2Nov01’, 8 April 2002, Declassified
Witness Statements for SIEVs 1-3 and 5-12.
[1573] Statement by Lt Henry.
[1574] SIEV 9
Event Summary.
[1575] SIEV 11
Event Summary, tabled by Rear Admiral Smith 5 April 2002.
[1576] Lieutenant Mortimer, ‘Statement in the Matter
of SIEV 11’, 10 April 2002, Declassified
Witness Statements for SIEVs 1-3 and 5-12.
[1577] SIEV 12
Event Summary, tabled by Rear Admiral Smith 5 April 2002.
[1578] Lieutenant Casey, ‘Statement in the Matter of
Boarding Party Operations SIEV 12’, Declassified
Witness Statements for SIEVs 1-3 and 5-12.
[1579] Statement by Lieutenant Casey.
[1580] SIEV
12 Event Summary.