Inquest into the Death of Chad Alan FAIRLEY and Mason Laurence CARTER and Murray Allan TURNER
Deceased
Chad Alan FAIRLEY and Mason Laurence CARTER and Murray Allan TURNER
Demographics
57y, male
Date of death
2015-07-11
Finding date
2018-02-28
Cause of death
Immersion (drowning) for Murray Turner; likely immersion (drowning) for Mason Carter and Chad Fairley (unascertained)
AI-generated summary
The fishing vessel Returner capsized in Nickol Bay on 11 July 2015, killing three men including experienced skipper Murray Turner (aged 57) and deckhands Chad Fairley (29) and Mason Carter (26). The vessel's catastrophic loss of stability resulted from extensive modifications undertaken by Turner between December 2014 and April 2015, particularly removal of ballast (critical information not disclosed to the surveyor) and installation of heavy fuel, brine, and water tanks. The DoT surveyor Mr Wren conducted a freeboard check but should have ordered mandatory stability testing given the visible extent of modifications and the vessel's age. While the modifications themselves were professionally executed, the overall effect rendered the vessel 35% more unstable than in its original 1985 configuration. The Returner lacked reserve stability in the wind-driven sea conditions present that night, making it particularly vulnerable to capsizing. Critically, Fisheries' VMS system failed to trigger timely search and rescue despite the vessel going offline on 11 July—authorities weren't alerted until 15 July, losing vital hours. Multiple system failures contributed: inadequate surveyor verification, non-disclosure by owner, poor safety communications, and a VMS system designed primarily for compliance rather than safety.
AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.
Specialties
Error types
Contributing factors
- loss of vessel stability
- extensive vessel modifications without adequate disclosure
- inadequate surveyor assessment
- removal of ballast from vessel
- heavy cargo placement raising centre of gravity
- unfavourable weather and sea conditions
- rapid capsizing preventing emergency equipment activation
- delayed search and rescue alert
Coroner's recommendations
- AMSA should establish a transitional approach to ending grandfathering of safety standards for existing vessels, prioritising compliance with current standards for vessel operations and safety equipment
- AMSA should provide guidance to accredited surveyors to independently verify key information when assessing vessel stability, given the critical importance of stability for safe vessel operation
- Fisheries should give guidance to staff that VMS has an important secondary safety aspect; staff should prioritise communicating with vessels issuing ALC alerts and notify Water Police within 4 hours if unsuccessful contact; Fisheries should consider 24/7 VMS monitoring capability
- AMSA should make changes to regulatory requirements to mandate carriage on both new and existing vessels of float-free EPIRBs that deploy automatically when immersed in water
- AMSA, working with Worksafe Western Australia, should promote and encourage the wearing of life jackets while working on commercial fishing vessels, noting these are workplaces requiring improved safety culture
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