As it happened: Another sinking brings asylum debate to a head
Authorities have temporarily called off the search for up to 19 asylum seekers still missing after their boat capsized 107 nautical miles north of Christmas Island early Wednesday.
The Australian Maritime Safety Authority believes up to 150 men, women and children were onboard and that at least one person has died and 130 have been rescued.
The incident - the second of its kind in a week - prompted a six-hour debate in the House of Representatives after independent MP Rob Oakeshott introduced legislation calling for a compromise on offshore processing of asylum seekers.
Mr Oakeshott's bill passed the Lower House just before 8:00pm, with an amendment put forward by Andrew Wilkie, which involved a 12-month sunset clause.
The bill will be put to the Senate on Thursday, but is likely to be blocked by the Greens and the Coalition.
The key points:
- Up to 150 people were believed to be onboard the sunken boat
- Government says one person dead and 130 rescued
- Search suspended until first light. One Australian ship to remain in the area overnight
- Sinking catalyses political debate around asylum seeker policy
- Parliament passes Rob Oakeshott's bill with Andrew Wilkie's amendment
- Opposition wanted to amend bill to guarantee offshore processing in countries that have signed UN refugee convention. This excludes Malaysia
- Opposition offered to raise annual refugee intake to 20,000 to win cross-bench support for its amendments to the Oakeshott bill
Here's how the day's events unfolded:
8:20pm: Home Affairs Minister Jason Clare provides an update on the situation north of Christmas Island:
"We've now managed to rescue 130 people. In addition, unfortunately, I have to report that we've recovered the body of one person.
"The information we have is there were as many as 150 people on the boat. That leaves many people still unaccounted for.
"The reports I have are that the boat has now sunk."
8:10pm: Prime Minister Julia Gillard says each and every senator must accept this is the only Bill that can pass the Parliament before the winter recess:
"The only way we can leave this Parliament this week with legislation to break the impasse on asylum seekers and people smugglers is for this Bill to be carried by the Senate tomorrow.
"I respect that there were others of a different view, but the House of of Representatives has spoken.
"The Bill of an independent has been endorsed. This isn't a proposition where someone politically wins and someone politically loses."
7:56pm: The amended Oakeshott bill has passed through the Lower House. It will go to the Senate tomorrow.
7:53pm: SBS's Karen Middleton has tweeted on some of the confusion in the House:
House is voting. Lib Mal Washer has crossed the floor. Deputy Lib leader Julie Bishop goes over & gives him a kiss
Hang on, Washer has swapped back to the Opposition side. The doors aren't locked yet. Gosh, bizarre
The Greens' Adam Bandt is voting with the Opposition, as promised. Katter w Govt, also Wilkie, Windsor, Oakeshot (it's his bill after all)
Yep, it seems Washer is staying with his colleagues in the Opposition & voting against the Bill, despite flirting with a floor-cross briefly
Labor's Graham Perret had a different take on the incident:
Julie Bishop was blocking Mal Washer's passage towards the Gov benches. Extraordinary. I called the Sgt of Arms.
7:52pm: Lyndal Curtis says the legislation will likely fail in the Senate tomorrow.
7:51pm: House now voting on whether the amended Oakeshott bill should pass the House of Representatives
7:47pm: Leader of the House Anthony Albanese accepts the challenge.
7:42pm: Christopher Pyne calls on the Government to introduce the amended legislation into the Senate.
7:40pm: David Weber and Indonesia correspondent Matt Brown report for PM on the mixed reaction from Christmas Island and Indonesia.
7:38pm: The vote is resolved in the affirmative. Wilkie's amendment to the Oakeshott bill has been agreed to.
7:33: House now voting on Andrew Wilkie's amendment - a 12-month sunset clause put on measures under the Oakeshott bill.
7:25: Barrister and refugee advocate Julian Burnside has tweeted:
Any politician who wants to re-introduce TPVs does not care about #refugees drowning. TPVs deny right to family reunion.
Most of #SIEV-X dead were coming to Aus where their men had temp protection so no right of family reunion. TPVs caused 353 deaths.
7:20pm: Joe Hockey is another MP to become emotional as he recalls his father's history and his battle coming to Australia.
"I will never, ever support a people swap, where you can send a 13-year-old child unaccompanied to a country without supervision.
"It will be over my dead body. How dare people?"
He also detailed how he threatened to cross the floor and vote against John Howard's early plans for the Pacific solution.
"I fought with the previous PM about Nauru and I opposed it until the moment he assured me that at all times Australians would be able to supervise the people that were sent there."
"That they would be protected, that they would have health care and education support."
7:06pm: House votes to extend sitting to finish the debate on the Oakeshott bill.
7:01pm: SMH journalist Peter Hartcher has told The Drum Andrew Wilkie's amendment looks like a TPV (Temporary Policy Visa).
"A new form of TPV which would allow the Government to get its way at least for 12 months."
6:58pm: Julia Gillard says the Government will support Andrew Wilkie's sunset clause, despite not agreeing with his opposition to the Malaysian solution.
"The Government will accept this amendment because we do not believe that there is anything to be feared by parliamentary scrutiny and parliamentary engagement in 12 months' time."
6:55pm: Independent MP Andrew Wilkie moves to have a 12-month sunset clause put on measures under Oakeshott bill.
This would provide 12 months to devise a better solution, and in particular to leverage off the sort of sentiment and interest and ideas that bubbled up just this morning when something like 40 or more members of Parliament met to try and find a way through the impasse.
6:51pm: the Coalition amendments have been voted down.
6:47pm: Government wins the vote to put the Scott Morrison amendments to the Oakeshott bill to the vote.
6:37pm: Leader of the House Anthony Albanese calls for the debate to be suspended and for a vote on whether Mr Oakeshott's bill should be put to a vote.
6:37pm: Moderate Liberal MP Judi Moylan, who it was thought might cross the floor and vote with the Government, fought back tears as she said she would not vote for Rob Oakeshott's bill.
""I cannot support it because I don't believe it is a durable way forward. It is only a band-aid solution.
"The Abbott plan doesn't sit very well with me either.
"We're not dealing with perfect conditions and we have to make compromises along the way, but I do think it is better to send asylum seekers to countries that are signatories to the UN convention."
6:35pm: Indonesia correspondent Matt Brown reports that a senior Indonesian police source says the same people smugglers who organised the boat that sank today were responsible for the one that sank last week, killing at least 90 people.
6:22pm: Authorities have temporarily called off the search for more than a dozen asylum seekers still missing after their boat capsized 107 nautical miles north of Christmas Island.
The search will resume at first light tomorrow, with one ship remaining in the area overnight.
It is understood today's incident happened about 24 kilometres east of where another boat capsized last week.
6:20pm: Greens Leader has told Sky News it's a good thing that Tony Abbott has agreed to cooperate. She says it is a breakthrough.
Adam Bandt says Mr Abbott has recognised he does not have all the answers.
Both have called on Julia Gillard to convene multi-party talks.
6:03pm: ABC chief political correspondent Simon Cullen has tweeted:
Scott Morrison called it "capitulating to the Greens" when Labor proposed a 20,000 humanitarian intake.
6:01pm: Australian Maritime Safety Authority says there is no evidence the boat was sabotaged.
5:42pm: Tony Abbott says the Opposition has offered to increase Australia's refugee and humanitarian intake from the current level to 20,000 a year within three years.
"What the Coalition wants to do is to provide a secure legislative basis for offshore processing and that in turn can provide the basis for stronger border protection measures from the executive government.
"Now, we tried to do this earlier today with our own bill. That wasn't possible.
"Now in order to try to get legislation through the Lower House that has a good chance of passing the Senate, Scott and I and my Coalition colleagues have offered a compromise to crossbench members of Parliament in order to try to secure support for our amendments to the Oakeshott bill.
"What we have offered to crossbench MPs is an increase in Australia's refugee and humanitarian intake from the current level to 20,000 a year within 3 years.
"I should thank three of my Coalition colleagues, Judi Moylan, Mal Washer and Russel Broadbent in what they have done to try to negotiate this compromise position with the crossbench members of Parliament.
"I believe we're doing our best here to win sufficient crossbench support to pass the Morrison amendments and I believe that the Oakeshott bill, as amended, is the kind of bill that a decent Labor Party would be happy to support."
Scott Morrison says the offer would also seek to have any facility involved in offshore processing overseen by the UNHCR, that people would have their claims processed within 12 months, and the establishment of a multi-party committee.
"Obviously we remain committed to all the other measures we've stood by as a Coalition - temporary protection visas are not addressed this legislation."
5:38pm: Former speaker Harry Jenkins has addressed the House:
"It is a bit rich for those that sit on the other side to lecture us about the processes of the Australian Labor Party because the position that we're in tonight ... shows that the Australian Labor Party, a broad church can reach positions of compromise.
"And what those opposite are proposing to us is that we should move even further, move even further to join with the force that has not in any way moderated its position and that is my concern.
"You can talk about the conventions, this bill contains actually something that is action. Shock, horror, shock, horror."
5:30pm: Sandi Logan from the Department of Immigration has tweeted contact numbers for people who may have information about the recent boat disasters:
#DIAC has extra line for o/s calls about boat disasters: +61 3 9936 5436 if you can provide information about who was on either boat.
If you have information which could help #DIAC identify who was/is on either of two boat disasters & you're in Australia, call 1300 724 010.
5:28pm: Tony Abbott and Scott Morrison to hold press conference in 10 minutes.
5:17pm: Independent MP Tony Windsor is addressing Parliament:
"I'd just like to thank those people earlier today who took the time to come together across the political spectrum and sit down and discuss this issue with a view to further discussions at a later time.
"This is probably not the way I thought the day would unfold.
"I think the thing that disappoints me a little bit is that there's still the smell of politics written all over today's proceedings and I wonder if the boat hadn't capsized whether we'd actually be in here or whether we would have gone into a slightly broader process in terms of coming to some sort of consensus.
"What's coming through loud and clear to me is that no solution is going to be perfect ... If the amendment gets up today we still have a process that isn't perfect and if the Oakeshott bill gets up it's not perfect either.
"I think it would be well worth while if a group of parliamentarians ... across the political spectrum actually work on the longer-term processes that may be required."
5:01pm: Political journalists are tweeting about possible agreements being reached:
@Simon_Cullen: Albo just reported back to Gillard, and is now talking to Oakeshott.
@David_Speers: Albanese just walked back into the chamber and gave the PM the thumbs up.
4:59pm: AMSA has revised the number of rescued back down to 125. Here is their latest statement.
4:56pm: Indonesian officials have told AAP they think the asylum seekers sabotaged the boat when it was near Christmas Island.
"As they're getting closer to Christmas Island, they made their boat look like they're about to sink.
"They probably feared that if the boat is still in good condition, they would be rejected and must sail back."
4:54pm: ABC chief political correspondent Simon Cullen has tweeted:
Gillard, Abbott, Morrison & Bowen all back in the chamber. Could there be a vote soon?
4:45pm: Australian Maritime Safety Authority says 136 people have been rescued.
4:38pm: Indonesia correspondent Matt Brown reports Indonesian officials say they are ill equipped to mount search and rescue missions for boats headed to Christmas island.
4:20pm: Australian Maritime Safety Authority spokeswoman Jo Meehan has told SBS one person is dead as a result of the boat capsizing today.
"We have confirmed 123 survivors have been recovered from the scene.
"We can also confirm one fatality."
4:17pm: The RAAF Orion has started dropping life rafts for those remaining in the water.
4:13pm: The Australian Maritime Safety Authority has provided a map showing the Australian and Indonesian search and rescue zones.
4:05pm: Labor MP Stephen Jones, the great-grandson of an illegal immigrant in the late 1890s, took part in this morning's cross-party meeting of MPs.
"At the same time as we were meeting, another boat capsized off Christmas Island.
"Nothing could symbolise the impotence of this Parliament that we could be having that meeting at that point in time with that event and then move on to do nothing about it."
3:55pm: Labor backbencher Steve Georganas has told Parliament his views on the issue have changed over the past 12 months.
"As the father of two young men, I see deaths at sea as tragedy that must be averted.
"To sit here and not move is wrong.
"These people are people. They're like our children. Our brothers and sisters."
3:25pm: ABC chief online political writer Annabel Crabb has tweeted on Kim Beazley's agreement with the Howard government:
One of the clauses Beazley agreed to 11 years ago is s198A, the section tipped out by the High Court, which is why we're here.
3:21: Opposition Leader Tony Abbott tells Parliament it has been a good debate so far:
"I think that it 's been held in a very good spirit and I would wish to congratulate everyone on both sides of the House for the spirit in which this debate has been conducted.
"I say, Madam Deputy Speaker, that the important thing today is to go forward from this House with a bill that will pass the Parliament.
"Can I say, Madam Deputy Speaker, that the Prime Minister and the Government ought to be very happy with the amendments that have been moved by the member for Cook because the Prime Minister did say during the last election campaign, 'We want to deal with the countries that are signatory to the refugee convention'.
"That is why this amendment, which would effectively put in place the bill that I sought to move before question time, before 2:00pm today, that is why this amendment is the basis on which the whole Parliament can unite and our country can go forward.
"But without this amendment I fear that it will be a very, very divisive bill for good reasons. Because the Malaysia people swap which the Oakeshott bill in its present form is designed to facilitate is the kind of deal that no self-respecting country would do."
3:16pm: Indonesia correspondent Matt Brown reports that Indonesian search and rescue officials say all those that were on board the boat are women and children.
3:14pm: Watch Opposition MP Michael Keenan's emotional address to Parliament:
3:10pm: Greens MP Adam Bandt has told Parliament he will not support Mr Oakeshott's bill:
"I sat in a room this morning with some people who I felt shared that glimmer of hope that we might use this opportunity again to craft what might be a real regional solution based on protection. Something that would stop the deaths that would stop the deaths that would uphold international law and would protect people's rights.
"Instead we have a bill that rips up the refugee convention.
"A key factor in refugee policy used to be protection, not demonisation."
3:03pm: Former immigration minister Philip Ruddock is addressing Parliament:
"I have often been reviled for the old policies I implemented on behalf of the Howard government even by members in this place.
"I note that we're being asked to help now to implement measures that reflect some, if not most, of what the Howard government sought to implement.
"But the comments I want to take up were really as a result of those who have said that the measures that the Howard government implemented were implemented with the support of the then opposition.
"Those who were there may remember that that support was not initially forth coming, and I went to see Kim Beazley, as leader of the opposition in the leader's office, and to take him through certain changes that we made to the relevant legislation at that time.
"And I can well recall his words that, with those change, which incorporated certain fundamental human rights obligations in relation to offshore processing, it would have the opposition's support.
"We are seeking in the amendment proposed to do no more than Kim Beazley demanded of us at that time."
2:59pm: Home Affairs Minister Jason Clare says "Australians have had a gutful" of the major parties fighting over asylum seeker policy.
2:58pm: Watch the Prime Minister's address to Parliament:
2:52pm: Watch Independent MP Rob Oakeshott explains his bill to Parliament:
2:49pm: Opposition frontbencher Malcolm Turnbull says all border protection policies have aspects that are cruel. He says it is a balance with trying to stop people smuggling.
ABC political correspondent Simon Cullen has tweeted that Mr Turnbull made the point that Mr Oakeshott's bill cannot pass the Senate because of the Greens and the Opposition.
Sabra Lane has tweeted that Mr Turnbull closed by saying: "The conception of the perfect should not be the enemy of the good."
2:48pm: ABC political correspondent Sabra Lane has tweeted:
Keenan: One of the Australian rescuers told me ... he couldn't rescue her, although he could almost touch her. That child perished.
2:56pm: Coalition MP Michael Keenan in tears as he recalls his work on the committee that investigated the Christmas Island shipwreck.
"I don't believe we should be sending people to Malaysia.
"I have thought long and hard about it and I know that members on this side of the House have thought long and hard about it as well.
"Unfortunately those good intentions (of the Oakeshott bill) are of course not enough."
2:40pm: ABC political reporter Latika Bourke has tweeted:
Chris Bowen - Coalition didn't insist on countries being UN signatories when you previously dealt with Nauru. #asylum
2:34pm: The Opposition's Bronwyn Bishop is addressing Parliament:
"I think it is not too late for the Government to change its mind, if it saw fit.
It is not too late for the Prime Minister to stop the intoning about wishing to find a solution and actually take some action that will really stop the boats.
And that means having the three-pronged policy which turns boats around where it is safe to do so, that you do have offshore processing, but only where the refugee convention has been signed, and, thirdly, that you have temporary protection visas which means that when it is safe for a refugee to return they will do so and in the meantime there is not family reunion which is part of the sugar on the table that Indonesia refers to when they talk about Australia."
2:27pm: Opposition Immigration spokesman Scott Morrison is addressing Parliament:
"I acknowledge the good intentions of the member for Lyne, and I acknowledge the good intentions of every single member in this House of wanting to address this issue, but good intentions are not enough to deal with the problem that has been before this place for the last five years.
The bill that has been put forward by the Member for Lyne effectively achieved the same outcome as the Government's bill in abolishing all human rights protections that are legally binding under our Migration Act.
"I move in my name an amendment that would seek to restrict those countries that could be eligible for offshore processing under the Member for Lyne's bill to be limited to those countries that have signed the refugee convention."
2:26pm: ABC political correspondent Annabel Crabb has tweeted:
I am not in the chamber, but colleagues who are report chit chat between Mal Washer, Scott Morrison etc.
2:21pm: Rob Oakeshott is addressing Parliament:
"I would like to reiterate that this bill should pass this Parliament. Not only because of events today but because of events of the last decade.
"And I urge all members of this House to at least allow this be tried and by all means, if it doesn't work, take it to the next election, take it to the people."
2:19pm: Watch Tony Abbott and Scott Morrison address the media:
2:13pm: Rob Oakeshott wrote to all MPs in March to explain his legislation:
2:10pm: ABC political reporter Latika Bourke has tweeted:
PM Julia Gillard says Labor will reopen Nauru and proceed with Malaysia swap if Oakeshott bill is passed.
2:00pm: The Prime Minister is addressing Parliament:
"As this Parliament sits, we have planes in the air, merchant vessels on the scene, and HMAS Maitland has arrived.
"I'm advised that the HMAS Maitland arrived on the scene about an hour ago. I am also advised a Royal Australian Air Force maritime patrol aircraft carrying life rafts has flown to attend to the scene.
"Our numbers obviously can change but there is reason to believe that there are around 123 to 133 people on board. As we speak, my best advice is that 123 people have been rescued.
""Madam Deputy Speaker, in view of these events and in view of the events of last week, I want to say to the Parliament now most sincerely that I believe the time for the party divide on this issue is at an end.
"We have seen too much tragedy. And I can't, and I don't believe other members of Parliament can now sit here with the prospect of more tragedy to come.
"In these circumstances, I have asked that Mr Oakeshott be prepared at this moment to bring on his bill on immigration amendments so that the House can now, I hope, by leave and in agreement deal with it to finality.
"I actually think it's of significance to this Parliament that this is a bill brought to this place by an Independent member of Parliament. Given all of the circumstances here ... Deputy Speaker, I, as a Labor leader, would want to walk from this place saying no-one won, no-one lost, we just got something done.
"And I think an Independent member's bill gives us all the opportunity to do just that, to go from this place saying no-one won, no-one lost, it wasn't about party politics, it wasn't about who's got what sort of party trick in their pocket, we just worked together do get something done."
1:59pm: Indonesia correspondent Matt Brown report that Indonesian officials say they received a message from the Australian Rescue Coordination Centre about a boat in distress early this morning.
The message said the boat’s generator had broken down. The message also included a satellite telephone number being used by the people onboard.
Matt Brown says Indonesia’s search and rescue authorities are poorly coordinated and most of their navy is focused on the busy shipping lanes and maritime border to the north.
1:54pm: Indonesia correspondent Helen Brown has tweeted that an Indonesian search and rescue official says he is en-route to a Hercules plane to be flown to the area of the sinking boat.
1:51pm: Tony Abbott's attempts to introduce private members bill to amend the Immigration Act was brought to an end at 1:45pm by standing order that permits 90-second statements by MPs.
His request for exception in this case is rejected.
1:50pm: Stephen Spencer has tweeted:
ALP has 31 votes in the Senate. 39 needed for majority. So, 8 LNP senators would need to cross, or 6 + 2 indies.
1:48pm: David Speers from Sky News has tweeted:
Even if Oakeshott bill passes reps, would still face defeat in the senate by the greens
1:46pm: Tony Abbott has reaffirmed the Coalition's stance on the Malaysia solution:
"Now this Coalition does not, will not ever support the processing of ... illegal maritime arrivals in Malaysia."
1:38pm: Tony Abbott is introducing his Private Members Bill into Parliament to guarantee offshore processing in countries that have signed UN refugee convention. Malaysia has not signed the convention.
1:36pm: Prime Minister Julia Gillard will address the House at 2:00pm.
Ms Gillard plans to suspend Question Time so Parliament can vote on Independent MP Rob Oakeshott’s legislation, which is aimed at allowing offshore processing and breaking the political stalemate.
Some more analysis of Mr Oakeshott's legislation.
1:24pm: ABC political reporter Sabra Lane has tweeted:
Q to TA this is not a compromise, you just want to bring a vote on coalition's policy? TA: we're trying to find common ground.
1:18pm: Opposition Leader Tony Abbott is addressing the media in Canberra:
"This is obviously another grim day to our north. We've had two disasters at sea in less than a week as the boats just keep coming and coming and coming.
"I will be going into the Parliament at the conclusion of this press conference to seek immediately to introduce the Coalition's private member's bill to put beyond legal doubt the ability of the Australian Government to process illegal maritime arrivals in any country that has signed the UN Refugee Convention.
"The Government has had a range of different positions; first of all it didn't support offshore processing, then it did support offshore processing in countries that had signed the UN convention. More recently it supports offshore processing at a country that doesn't - hasn't subscribed to the convention, namely Malaysia.
"So, in the light of this tragedy, we think, as a Coalition, that the Parliament should do what it can immediately to enable a stronger policy response from the Government.
"I believe we fairly and squarely occupy the centre ground. I think we fairly and squarely occupy centre ground between the Greens who don't want any offshore processing at all, and the Government which wants offshore processing without protections. We want offshore processing with protections."
1:15pm: Watch Indonesia correspondent Matt Brown speak to ABC News 24:
1:10pm: Opposition Leader Tony Abbott and Opposition Immigration spokesman Scott Morrison due to address the media shortly.
1:06pm: Watch Jo Meehan from the Australian Maritime Safety Authority speaking to ABC News 24:
1:00pm: John Richardson from the Christmas Island volunteer Marine Rescue says something has to be done to try to stop the boats from attempting the dangerous journey.
"It is ... the second time it has happened in a week and there are a lot of people on the island echoing the sentiment that something has to be done."
12:48pm: Indonesia correspondent Matt Brown has told ABC News 24 the Indonesian search and rescue centre have said Afghans are believed to have been onboard the boat.
"Importantly, when the distress signal went out this morning the message was that there were women and children on board this vessel as well."
12:43pm: Labor MP Graham Perrett has tweeted:
150 people in the water, RIGHT NOW. That's one for every single elected free-thinking Member of the House of Representatives. #stopthedeaths
12:40pm: Watch ABC News 24's live cross with the Lyndal Curtis on the latest on the disaster:
12:38pm: Here's a photo of the P3 Orion search plane that has been sent to the scene.
12:35pm: Mal Larsen from the Australian Maritime Safety Authority says there are people in the water and one of the merchant vessels is doing its best to pluck them out.
12:30pm: Customs and Border Protection are reporting the boat has sunk completely.
12:25pm: The Australian Customs and Border Protection Service has released a statement about the incident:
"Australian Government agencies are currently responding to reports of a second vessel in distress approximately 107 nautical miles, or just under 200km, north of Christmas Island and about 100 nautical miles, or around 185km, south of Indonesia."
"Initial reports are than up to 150 people may be on board. Two merchant vessels are currently on the scene.
"Border Protection Command has also deployed its vessels and aircraft to assist with the operation.
"No further details are available at this time. More information will be provided as it becomes available."
12:20pm: Jo Meehan says someone on the vessel contacted the Australian Federal Police by phone:
"We received the call via the Australian Federal Police. The vessel had used a phone on the vessel to contact the AFP and they forwarded that information directly to the RCC and to border protection command."
"We then, accordingly, forwarded it to our Indonesian counterparts and assumed coordination of the response.
Ms Meehan also confirmed the the capsizing took place in the same area as last week's disaster:
"The previous incident was about 120 nautical miles south of Java so it is in the same vicinity. It is definitely in Indonesian waters."
12:10pm: AMSA spokeswoman Jo Meehan says one of the merchant vessels arrived on the scene at about four hours after the distress call was made.
Ms Meehan says conditions are "fair, not ideal".
She says a P3 Orion search plane is expected on the scene at about 1:30pm, and a second Navy boat, HMAS Leeuwin, is also on its way and expected to arrive about 4:00pm.
12:06pm: HMAS Maitland is on its way to the capsized boat but it is likely to take two hours to get there, according to AMSA.
11:50am: A spokeswoman for the Australian Maritime Safety Authority says two merchant vessels are on site and have begun rescuing survivors.
The distress call came through at about 6:20am (AEST) when the boat was 107 nautical miles north of the Island.
AMSA says a Navy ship is also on its way.
This latest disaster comes days after another boat carrying more than 200 asylum seekers capsized nearby, killing up to 90 people.
- All times are AEST