The Hunter is known as a boating paradise, but the region has also helped uncover what has been described as an "unacceptable level of failure" of a key safety feature in children's lifejackets.
A bombshell report commissioned by Maritime NSW, which has not been released publicly, documents results of lifejacket testing which "highlight a safety-critical issue regarding the expectations of the public".
The report was compiled by Dr Andrew McIntosh, who tested some of the life jackets in Newcastle. A mother of children involved in the testing has described the results as concerning.
The testing related to level 100 lifejackets, which according to Australian standards should bring the wearer from a face-down position in the water into a face-up position, known as self-righting, within 10 seconds without the need for assistance from the wearer.
"This has safety implications for people who are unable to swim, injured and/or unconscious," Dr McIntosh noted in his report.
While the self-righting performance of the adult lifejackets tested was "generally good", the children's lifejackets were rated "poor" in the report. Two jackets failed to self-right 80 per cent of the time and the best children's jacket achieved a pass rate of 65 per cent.
The report was dated June 7, 2024, however Maritime NSW has been aware of potential self-righting issues in lifejackets for more than 12 months.
Dr McIntosh declined to comment when contacted by the Newcastle Herald.
While Dr McIntosh is not certified to test lifejackets to the relevant standard, he noted in the report he has been involved in developing standards for more than 25 years through Standards Australia, ISO and other organisations, and is highly experienced in observational studies.
"The tests described in this report should be considered as independent testing of the self-righting performance of a selection of lifejackets rather than tests of compliance to AS 4758," Dr McIntosh said in the report.
He tested the lifejackets using the method described in the Australian standards.
The lifejackets were all bought new from major retailers and certified as compliant to the relevant Australian standard.
The jackets were tested five times each as per standard requirements. From five tests on eight children, the Marlin VIP Standard lifejacket passed 65 per cent of the time, the FUEL Youth model and the Marlin Freedom scored 20 per cent, the Burke L100 passed 40 per cent of the time, the Axis Seamaster Child's Pro 100N Junior had a 35 per cent pass rate and the Marlin Challenger scored 33 per cent.
The report only tested the self-righting requirement of lifejackets and Maritime NSW says lifejackets are the "most important" safety device on any recreational vessel and recommends wearing one at all times.
'Concerning seeing them face down'
Laura McKee's children were involved in the testing in Newcastle and she said the results were alarming.
"Certainly it was very concerning to see them face down in the water," she said.
"They are good swimmers and I knew they were safe but if I was taking them out now on dolphin cruises or anything where they provide lifejackets I would feel pretty uncomfortable.
"I feel like it's important you can rely on lifejackets that are going to potentially save their lives.
"Now I know more about it, if something is going wrong, I'd be the one trying to save them because I certainly wouldn't be relying on the equipment."
Lifejackets in NSW must be an approved type that meets Australian standards of level 50S or above on enclosed waters or level 100 or above on open waters.
Children aged up to 12 must wear a lifejacket on vessels up to 4.8 metres long at all times in NSW and in open areas of all vessels up to 8 metres long when the vessel is underway.
And while Standards Australia, which is the country's leading independent, non-governmental, not-for-profit standards organisation, sets the standards, it does not enforce them.
In order to be certified to the Australian standard, lifejackets have to be tested by accredited laboratories and approved by authorised certifiers.
The Australian testing accreditation organisation is the National Association of Testing Authorities (NATA), however laboratories can be accredited to test to the Australian standard by other authorities around the world.
The manufacturer of the product also has to be licenced by a certifier to ensure the product is able to be reproduced.
Details of the certifier are printed on the lifejacket so they can be easily traced.
The six children's lifejackets in the report were certified by either BSI or SAI Global.
The report states the Fuel Youth and Axis Seamaster lifejackets were certified by BSI.
BSI said it took its role in supporting safety and quality of products and ensuring people's safety with the "utmost seriousness".
"BSI's product certification services ensure products that reach the market meet quality and regulatory standards and are therefore safe for use," the company said iresponse to questions.
"We provide testing against the AS 4758.1:2008, Personal floatation device - Part 1: General requirements standard and have issued 19 certificates against this in the past five years.
"We have no records for testing the models referenced in the report, although we can confirm that a certificate was issued in 2024 to certify the products "SEAMASTER L100 CHILD" and "SEAMASTER L100 JUNIOR".
"The lifejackets passed the required tests and the laboratory was NATA approved."
The other four lifejackets were certified by SAI Global, who did not respond to requests for comment.
How flotation devices are tested
NATA said there were two facilities accredited to test flotation devices to the relevant standard. One facility said they have never conducted in-pool testing, only laboratory testing, and had not tested lifejackets at all since before the relevant jackets were manufactured.
The other facility VicLab did not respond to the Herald's questions about the report.
Several manufacturers of the lifejackets said they had not been contacted by Maritime NSW about any issues.
Axis and Burke said they were not aware of the report, nor had they received any negative feedback.
Axis said that all of their jackets were tested to the relevant Australian standard, and material and finished jackets were tested by NATA-approved laboratories.
"Our jackets are certified by BSI and the relevant licences and approvals are on each jacket we manufacture.
"If the report is ever shared with us we will naturally study its contents and take any claims seriously."
Burke also said their lifejackets were independently tested by Viclab Pty Ltd and certified by SAI Global.
Marlin did not respond to requests for comment.
The Fuel lifejacket contained details for Lifejacket Solutions, who said all their jackets were certified and tested by an accredited certifier and laboratory, both of which are NATA approved. But the company did not wish to comment further as the independent tester in the report was not accredited by NATA.
Next steps
Transport for NSW said it was "working with" a NATA-accredited laboratory to arrange for re-testing of the lifejackets and had "provided advice to Standards Australia on issues raised over the self-righting capabilities of certain lifejackets".
"Contact with consumer agencies and manufacturers will be considered once the results of further testing are known," a Transport for NSW spokesperson said.
"Transport puts the safety of everyone who uses our waterways as a top priority. One fatality on our waterways is one too many, and as part of the Maritime Safety Plan 2026 we are working towards zero fatalities and serious injuries on navigable waterways in NSW by 2056.
"Lifejackets are the most important piece of safety equipment on any recreational vessel and we recommend wearing one at all times. Vessels must carry enough approved lifejackets for everyone on board, and have them in a place they are easily accessible."
Standards Australia has submitted the findings of the report to its relevant technical committee for review.
"We are working closely with Transport for NSW on potential next steps," Standards Australia said in a statement.
"Standards Australia is committed to placing public safety at the forefront of what we do.
"We are dedicated to continuously enhancing our standards through public involvement and cooperation with all stakeholders to ensure our standards remain fit for purpose."
