Kialla teenager Jack Bird drowned while fishing with a friend on Lake Mulwala in 2022.
A coroner has recommended a NSW law be changed after the drowning death of Kialla teenager Jack Bird on December 11, 2022.
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After Jack’s death, an inquest was held in the Victorian Coroners’ Court, where Victorian State Coroner Judge John Cain recommended the NSW Government mandate wearing life jackets while a boat was in operation.
The 16-year-old drowned after he and his close friend James Doyle were thrown from their boat while fishing on Lake Mulwala along the NSW and Victorian border at Mulwala, NSW.
Both boys had full boat licences and had been out on the water in a 12-foot tinny from about 7.30am with James’ dog Coco.
When the boys were a few hundred metres from the Sebel Resort, they experienced choppy waters after wind gusts increased and were thrown from the boat.
The boat motored away from them with no-one operating it, and they called out for help and tried to swim to the resort.
The driverless boat caught the attention of a nearby witness, whose yelling caught the attention of several other people.
James was saved by two people, including a competitive swimmer, who gave him a large inflatable cushion from the pool area of the Sebel Resort and helped him back to shore.
Jack disappeared under the water and didn’t resurface.
His body was found in Kyffins Bay by a local resident four days later, after a NSW and Victorian police joint search operation.
The Victorian and NSW police joint search operation lasted four days.
The boat had five life jackets on board, but both Jack and James weren’t wearing one.
During the coronial inquest, Jack’s mother, Tammy Bird, said she was surprised and didn’t understand why Jack wasn’t wearing a life jacket, because she and Jack’s dad, Trevis Bird, were strict with about children wearing them while on a boat.
In delivering his findings on Thursday, November 7, Judge Cain was satisfied Jack not wearing a life jacket was a contributing factor to his death.
“I cannot now determine that a life jacket would have prevented Jack’s death; however, if he was wearing a life jacket, he may have been able to remain above the water long enough to be rescued,” he said.
In Victoria, wearing a life jacket while in a small boat is mandatory.
However, under current NSW laws, James and Jack were not legally required to wear them.
Judge Cain has recommended the NSW Government “consider mandating life jackets and personal flotation devices for anyone operating a boat or other vessel”.
Judge Cain also noted the engine didn’t stop when the boys were thrown from the boat, because the ‘dead-man switch’ fitted to the outboard motor was not secured to James, who was driving.
“This may have prevented the boat from motoring away from the boys and may have enabled them to climb back on to the boat more easily,” he said.
“I cannot determine that proper use of the dead-man switch would have prevented Jack’s passing; however, I note that it would have offered a better chance of survival.”
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