Coroner's Finding: NICOLAI Adam Mark and HELLYER Justin Shane
Deceased
Adam Mark Nicolai and Justin Shane Hellyer
Demographics
28y, male
Date of death
2008-09-28
Finding date
2013-09-19
Cause of death
Salt water drowning (Nicolai); exposure to the sea – probable drowning (Hellyer)
AI-generated summary
Two men aged 28 drowned after their fishing vessel sank in the Gulf of St Vincent on 28 September 2008 when struck by two large waves. The vessel was inherently unsafe due to an unbalanced centre of gravity from an added heavy net reel and had not been re-surveyed or re-registered after material modifications including a new engine. No personal flotation devices (PFDs) were worn, and the vessel operator made only a late attempt to hand devices to the men as the vessel sank. The vessel's registration had expired and was not renewed. Key preventive measures included requiring notification of material vessel modifications to authorities, mandatory re-inspection, and mandatory wearing of automatically-inflating PFDs for all occupants during commercial fishing operations.
AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.
vessel instability due to added heavy net reel affecting centre of gravity
reduced freeboard at stern due to equipment modifications
vessel not re-surveyed or re-inspected after material modifications
vessel registration expired and not renewed
failure to wear personal flotation devices
occupants not instructed or advised to don PFDs before departure
new engine installation without proper approval
catastrophic wave strike in deteriorating sea conditions
limited time to don PFDs during emergency
Coroner's recommendations
Introduce measures requiring owners and operators of vessels to report material alterations to equipment to the Department of Planning, Transport and Infrastructure
Introduce measures requiring owners and operators of vessels to have vessels surveyed or otherwise inspected for seaworthiness
Minister for Transport consider making it a legal requirement that each occupant of a commercial fishing vessel at all times wear a personal flotation device designed to inflate automatically on immersion, with the vessel operator obliged to ensure all occupants are wearing such devices
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