Whitsunday Regional Council charged over Airlie Beach Lagoon double drowning

A negligence case against a north Queensland regional council over a tragic double drowning at a tourism hotspot could be finalised in early 2023.

Whitsunday Regional Council is charged over the deaths of a Chinese father and son, who drowned at Airlie Beach Lagoon in October 2018. Picture: Monique Preston

A negligence case against a north Queensland regional council over a tragic double drowning that claimed the lives of a father and son could be finalised in early 2023.

Chinese airline pilot Yuanwei Zhang and his son Chenxi, 5, slipped beneath the surface while swimming in the Airlie Beach lagoon about 3.40pm on October 28, 2018 and did not resurface alive.

They had been underwater for about six minutes before someone swimming noticed a man at the bottom of the pool and raised the alarm.

Mr Zhang, 30, was pulled from the water at 3.46pm and was receiving CPR when bystanders spotted a child fully submerged.

Little Chenxi’s body was removed at 3.53pm.

Despite frantic efforts to save their lives, neither could be resuscitated.

The pair, from China, had been holidaying in the Whitsundays with wife and mother Jie Tan.

Airlie Beach Lagoon was closed for some time following the double drowning incident.

Following a WHSQ investigation, the Whitsunday Regional Council was charged with two counts of failing to comply with its primary duty of care under the Work Health and Safety Act 2011 between May 30, 2017 and October 29, 2018.

It is alleged Whitsunday Regional Council, which is responsible for operating the Airlie Beach Lagoon, failed to ensure the health and safety of persons was not put at risk from its operations of the lagoon, and that its failure exposed persons to a risk of death or serious injury.

Jie Tan has also filed a supreme court lawsuit totalling $4.3m alleging negligence on the part of Whitsunday Regional Council and lifesaver contractor Ellmill Enterprises Pty Ltd.

Since the case was first mentioned in Proserpine Magistrates Court in December 2020 there have been multiple lengthy adjournments.

It was mentioned again on Monday, December 5 where Magistrate James Morton said it would be listed for a half-day hearing in March.

No pleas have as yet been formally entered.

Originally published as Whitsunday Regional Council charged over Airlie Beach Lagoon double drowning