A large-scale multiagency search to locate the teenager’s body went for over four days in December 2022.
The New South Wales government will consider a Victorian coroner's recommendation for stronger life jacket rules in NSW waterways after an inquest into the drowning death of teenager Jack Bird in Lake Mulwala two years ago.
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The 16-year-old from Kialla, Shepparton was fishing with his mate in a 3.6-metre boat on Lake Mulwala on December 11, 2022 when they were thrown from their boat about 9am.
The inquest heard the boys and James' dog Coco had been on the water since 7:30am and were a few hundred metres from the Sebel Yarrawonga Resort when their boat was hit by a wave.
The 3.6-metre boat had life jackets on board but neither Jack nor James were wearing them, although they had worn life jackets the previous day.
After they were thrown out, the boat motored away from the boys. They tried to swim towards the resort, calling for help.
One rescuer, who was a competitive swimmer, was able to save James by giving him an inflatable cushion from the resort pool, but Jack disappeared in the water and did not resurface.
A large-scale multiagency search then followed, led by Victoria Police and NSW Police, with assistance from specialist VicPol search and rescue divers, VicPol Water Police, NSW Marine Area Command and Corowa VRA. Adverse weather conditions had impacted the search and his body was found four days later.
Both boys had full boat licences and Jack's father, Trevis, told the inquest before Judge John Cain that his son was an experienced boater, who had used a tinny with his sister when their home was flooded in 2021.
His mother Tammy Bird told the inquest, that as parents, they were always strict about about life jackets and could not understand why her son Jack was not wearing one that morning.
Judge Cain said he could not 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.
In delivering his finding on Friday, November 8, Judge Cain noted that the boat's engine did not shut off when the boys were ejected because the ‘dead-man switch’ fitted to the outboard motor was not secured to the driver which if were may have prevented the boat from motoring away from the boys and may have enabled them to climb back onto the boat
Under existing rules in New South Wales, which Lake Mulwala is bound by, the boys were not legally obliged to wear life jackets.
Judge Cain has recommended the NSW government "consider mandating life jackets and personal flotation devices for anyone operating a boat or other vessel".
Mulwala Water Ski Club Ski Coordinator Peter O'Neil said the interstate discrepancies were confusing for boaters.
"In Victoria if you are in a boat that is under 4.8 metres you have to wear a life jacket. In NSW you only have to do that if you are alone," he said.
"In Queensland you only have to wear a life jacket if you are crossing a bar.
"Bringing them (state life jacket rules) into line will stop confusion. It's a no-brainer."
A spokesperson for NSW Maritime said a new safety plan was being developed aimed at reducing fatalities and serious injuries on NSW waters and to bring the state in line with Victoria and Tasmania.
The spokesperson said a safety blitz on waterways during the first week of November promoted life jackets.
Jack Bird tragically drowned in Lake Mulwala two years ago.
