Four lives were lost in the helicopter crash. Photo: AFP/ handout / ABC
A faulty radio antenna contributed to the deadly Sea World helicopter crash on the Gold Coast which involved two NZ families, with "limited opportunities" for the pilots to detect each other, a final report has found.
The Australian Transport Safety Bureau (ATSB) report - released on Wednesday - has highlighted a series of safety issues contributing to the mid-air collision that claimed the lives of four people and injured nine others on the Gold Coast in 2023.
On 2 January, two choppers fell from the sky in front of shocked holiday-makers, mostly families, who were spending the day at the popular theme park after ringing in the new year in the tourist capital.
Sea World Helicopters chief pilot Ashley Jenkinson, New South Wales woman Vanessa Tadros, and UK couple Diane and Ron Hughes died when the two choppers crashed into each other as one took off.
The other helicopter - carrying Aucklanders Elmarie and Riaan Steenberg, and Edward and Marle Swart - came in to land.
Three passengers - including two children - were also critically injured in the 2023 tragedy.
In March 2023, a preliminary report by the ATSB found Michael James - the pilot of the returning helicopter, who managed to safely land - had not heard a call over the radio by Mr Jenkinson, who was taking off.
Thursday's report determined the radio system in the helicopter being flown by Jenkinson had "defects that limited transmission range", and "it is almost certain that a taxi call was not successfully broadcast".
"Both pilots had very limited opportunities to detect the other aircraft," ATSB chief commissioner Angus Mitchell said.
"[Commercial aviation] should never be vulnerable to single point failures, such as faulty radio or pilots' ability to visually detect another aircraft in the sky."
Advice was 'outdated by the time the helicopter took off'
The report also found the reopening of a helipad in March 2022 created a "constant" and "defined" conflict point between approaching and departing helicopters, increasing the risk of collision.
The opening of the pad created a higher workload for both pilots, made it less likely they would notice changes to a helicopter on the ground, and meant the aircraft collision avoidance systems would not issue warnings.
Before the collision, an inbound call from the landing helicopter failed to register with Jenkinson, who was "busy loading passengers".
"A member of the ground crew advised the departing pilot that the air space was clear," Mitchell said.
"However, this advice was outdated by the time the helicopter took off 20 seconds later."
A change of ownership and operations in 2018 "gradually degraded existing controls of enhanced communication and in-cockpit traffic display that informed team situation awareness", the report found.
Mitchell said "each individual failing was only one part" of the deadly collision.
"You need to put all of them together for this outcome to have occurred, and the outcome could not have been worse."
He said while some actions had been taken by Sea World Helicopters Heli Tours to improve safety measures in response to the accident, four issues raised by the ATSB were yet to be "adequately addressed".
"The most significant focus is on increasing opportunity for pilots to detect conflicting traffic," he said.
"We would also like to see implementation of a formal process, of how future changes to flight operations will be considered."
In a statement, Sea World Helicopters acknowledged the ATSB's recommendations and said it would "respond within the allocated timeframe".
"Our company maintains robust safety systems, dedicated support staff and rigorous oversight protocols to uphold the highest standards of aviation safety," the statement said.
It said the operator remained "committed to consistently evolving our safety measures".
'Deeply saddened and heartbroken'
Diane Hughes, 75, and Ron Hughes, 65, were married only one year before the tragedy.
The United Kingdom couple were visiting Australian relatives on the Gold Coast when they were killed on the joy flight.
Diane Hughes's children, Lewis Ainsworth and Sian Long, said they were "deeply saddened and heartbroken".
They said the release of the report and investigators' dedication to uncovering the truth had "brought some clarity and understanding to what happened that fateful day".
"We are grateful for the thorough and professional work the ATSB has done in investigating this incident," the statement said.
But Ainsworth and Long said Sea World Helicopters Heli Tours had been "nothing short of disappointing" in its handling of the tragedy.
"Their lack of transparency and failure to take responsibility for the devastating loss of our loved ones has only deepened the pain and frustration," they said.
"The way they have handled this tragedy reflects poorly on them, and it's hard to reconcile their actions with the profound impact this has had on so many lives."
Gold Coast Mayor Tom Tate said his thoughts and prayers were with affected families.
"This tragic accident will be remembered as one of the saddest days in our city's history," he said.
Claims filed against Sea World Helicopters
Shine Lawyers national litigation specialist Roger Singh said he had filed a number of claims against Sea World Helicopters in the Supreme Court of Queensland on behalf of several people injured on board.
"The claims for the passengers of the helicopter have been filed under the Civil Aviation (Carriers Liability) Act which caps damages at $925,000 per claimant," he said.
"We will examine the findings of this report with a view to identifying other potential defendants and further damages which may be sought."
But Singh said "no amount of money" would give back what was taken from the victims of the crash.
Mitchell said there would "certainly be a coronial inquest" into the accident, adding that the ATSB is not a "blame investigator".
- ABC