Fact Sheet 72 –The Department of Immigration and Citizenship's role in the Torres Strait

The Torres Strait is a unique challenge to managing Australia's border. The Torres Strait lies off the far north-eastern tip of Australia and is a 150 kilometre wide passage between Cape York Peninsula and the southwest coast of Papua New Guinea. It comprises a series of 100 islands, reefs and cays of which approximately 22 are inhabited by about 8000 people. Thirteen of these inhabited islands are located within the Protected Zone. Thursday Island, which is about 25 kilometres from the Australian mainland, is the government administrative centre for the Torres Strait.
See: Australia's Maritime Zones in the Torres Strait (406KB PDF file)

The Treaty

The Torres Strait Treaty (Miscellaneous Amendments) Act 1984 gave effect to the Torres Strait Treaty (the Treaty) in Australian domestic law. The Treaty sets out the agreed position of Australia and Papua New Guinea in relation to sovereignty and maritime boundaries in the Torres Strait. The islands over which Australia has sovereignty continue to be regarded as part of Queensland.

In this context, Article 10 of the Treaty established an area of the Torres Strait known as the Protected Zone (PZ) to acknowledge and protect the traditional way of life and livelihood of the traditional inhabitants. The PZ covers the majority of the islands in the Torres Strait; however, it excludes the Thursday Island group of islands.

Traditional movements

'Traditional inhabitants' as defined in the Treaty are people who live in the protected zone or 13 prescribed villages in the adjacent coastal areas of PNG and are citizens of either Australia or Papua New Guinea. These people maintain traditional customary associations with the areas or features in and around the protected zone, in relation to their subsistence and or livelihood or social, cultural or religious activities.

Traditional activities, as defined by the Treaty, include activities on the land (such as gardening, collecting food and hunting), activities on water (such as fishing), ceremonies or social gatherings (such as marriage and funerals) and traditional trade. These are consistently reviewed to allow for the changes that naturally occur in cultural activities.

The DFAT Treaty Liaison Officer based on Thursday Island provides advice on what is or is not considered traditional activities. Commercial activities, health care and any form of employment are not recognised as traditional activities under the Treaty.

The Treaty's provisions aim to preserve the fragile Torres Strait environment.

Immigration presence

The Department of Immigration and Citizenship has officers based on Thursday Island as part of the department's North Queensland region who provide a limited range of immigration services including citizenship and information and advice about visa applications.

These officers also manage movement monitoring issues arising from the Treaty and monitor the traditional flow of people in the Torres Strait. They manage the network of the department’s Movement Monitoring Officers (MMOs) and they make regular visits to the islands and participate in treaty discussions and awareness visits.

Currently, there are MMOs situated across the 13 inhabited islands. The MMO network is a dispersed group, integrated into local communities, providing considerable coverage throughout the Torres Strait. Not only are they experts in their local communities but they act as a conduit for wider community engagement. The MMOs work closely with island councillors and their community to manage the traditional flow of people and report on any other movements in the region. MMOs play an important role in border protection.

Other Australian Government activities

Managing the free movement provisions of the treaty as well as the department’s broader border security responsibilities requires close work and collaboration with the following agencies.

They include:

• Department of Immigration and Citizenship (DIAC)
• Australian Customs and Border Protection Service (ACBPS)
• Australian Federal Police (AFP)
• Australian Quarantine and Inspection Service (AQIS)
• Department of Defence (DoD)
• Department of Foreign Affairs and Trade (DFAT)
• Australian Fisheries Management Authority (AFMA)
• Australian Agency for International Development (AusAID).

Most of these agencies have an established presence in the region. More information concerning their activities is available from their websites.

Further information is available on the department's website.
See: www.immi.gov.au

The department also operates a national general enquiries line.
Telephone: 131 881
Hours of operation: Monday to Friday from 8.30 am to 4.30 pm (recorded information is available outside these hours).

Fact Sheet 72. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Reviewed December 2011.

© Commonwealth of Australia 2009.