Kumanjayi Walker inquest: NT Police Assistant Commissioner flags drug testing loophole closure

Assistant Commissioner Bruce Porter says there was no way to know if any of the police involved in a fatal police shooting at Yuendumu in 2019 were affected by drugs or alcohol.

Assistant Commissioner Bruce Porter said NT Police’s drug testing regime would be primarily based on Tasmania’s model. Picture: Jason Walls

Legislation to close a loophole whereby Territory cops are the only police in Australia not subject to drug and alcohol testing is expected to go before the NT parliament this year.

On Friday, Assistant Commissioner Bruce Portergave evidence at an inquest into the fatal police shooting of 19-year-old Warlpiri-Luritja man, Kumanjayi Walker, in Yuendumu in 2019.

In his evidence, Mr Porter said the loophole meant it was impossible to know if any of the officers involved – including the constable who pulled the trigger, Zach Rolfe, who was acquitted on all charges last year – were affected by substances at the time.

He said while there was no evidence to suggest any of them were drug or alcohol affected, there was no way “to make sure that there were no issues in relation to their ability to undertake their duty”.

When asked by NT Police barrister Ian Freckelton KC why NT Police had remained the only Australian policing jurisdiction without a testing regime, Mr Porter said: “I can’t really answer that.”

“It’s been spoken about over the years, but we have (now) taken the proactive step that we need to be in line with other jurisdictions.

“It is a tool that we are implementing to ensure that we do have a professional and ethical police force who are also obeying the law.”

Mr Porter said the legislation for the change along with a corresponding general order had been drafted, but the force was still seeking feedback from the NT Police Association.

“Of course there’s some concern, especially in relation to the ability to test at remote police stations, for example, because of the distance, the tyranny of distance,” he said.

“But it’s in its final stages, the office of parliamentary counsel, the legislation is going to be going there, to hopefully be introduced some time this year.”

Mr Porter said NT Police’s drug testing regime would fall at “about the middle range” in terms of comparative strictness with other states and Territories.

“We have every other jurisdiction’s legislation and also their processes and procedures, the one that we’re primarily following, because of the size of the jurisdiction more than anything … we are primarily following the Tasmanian model to a degree,” he said.

Mr Porter said the tests would pick up “everything that’s within our Misuse of Drugs Act”, but would not screen for prescription medications.

He said current policy required officers to report prescription drug use and medical conditions that might affect the performance of their duties to superiors but that the requirement would soon be incorporated into a more formal general order.

The inquest continues on Monday.

Originally published as Kumanjayi Walker inquest: NT Police Assistant Commissioner flags drug testing loophole closure