Darryl Pearce departs NAAJA as independent auditor appointed to investigate use of public funds

Darryl Pearce says there was no bad blood in his exit from the beleaguered legal service, despite last month pledging to ‘stick around for as long as they want me’.

The Territory’s main legal aid service for Aboriginal people is now onto its fifth boss in 18 months. Picture: Katie Hall.

Darryl Pearce has left as acting chief executive of the North Australian Aboriginal Justice Agency, with Philip Brown selected as the fifth person to lead the Territory’s main Aboriginal legal aid service in less than 18 months.

Board of Directors Chair Colleen Rosas – who is Mr Brown’s aunt – said Mr Pearce’s exit on Friday was the natural end of his three-month contract, however last month the outgoing boss said he would “stick around for as long as they want me”.

It comes as the Attorney-General’s department confirmed an independent auditor had been appointed to examine all public money received by NAAJA in the last financial year, as governments continue to consider temporarily stripping funding to the beleaguered agency.

Acting chief executive Darryl Pearce has departed NAAJA, making him the fourth boss to go in 18 months. Picture: Fia Walsh

Mr Pearce was hired as acting chief executive in November.

He replaced Olga Havnen, who quit after three months, and John Paterson, who lasted six months, after longtime boss Priscilla Atkins was ousted in late 2022, sparking an ongoing unfair dismissal dispute.

Mr Pearce said there was “one thousand per cent no bad blood” in his departure, and he had to return to his Indigenous Corporate Advisory business.

“I said to the Board that I’m happy to come in for three months to stabilise the place and start the recruitment, and start some corporate changes or transformational changes,” he said.

“I’m very comfortable we got to that point, recruitment is working really well. Now I can happily go back to my day job.”

Former chief executive Priscilla Atkins is suing NAAJA over an employment dispute. Picture: Pema Tamang Pakhrin

Speaking with the NT News last month, however, Mr Pearce said he would remain at NAAJA “as long as I can”.

“If people stop writing letters to the Editor I should be good,” he said on January 15, referencing anonymous correspondence this publication received citing a litany of grievances from “concerned NAAJA employees”.

“(I’ll stick around) for as long as I can … I’m 63, so I’m closer to the sunset than the sunrise, but I care about what’s happened to my mob.”

“All I can do is stick around for as long as they want me and see if we can make the changes.”

When this was put to Mr Pearce on Monday, he said it was “absolutely” still true.

“I had already signed a contract that terminated on the 23rd of February. So if they asked me to stay on then we would do that, but my concern was for my business,” he said.

NAAJA Chairwoman Colleen Rosas said Mr Pearce’s time in the top job was only ever temporary. Photograph: Che Chorley

Ms Rosas said Mr Pearce “had to go back to his family”.

“We were never going to keep someone of Darryl’s calibre, he just helped us out, worked his butt off for three months, and had to go back home to Alice Springs,” she said.

“Phil Brown’s also just acting in the role – Priscilla’s technically still CEO. We need to wait for this court stuff to end to hire for the permanent role.”

NAAJA said Ms Rosas was not involved in the decision to hire Mr Brown.

“With the acting CEO’s contract coming to an end, the NAAJA board has appointed deputy CEO Philip Brown to assume that role to provide some continuity as the agency progresses its workforce action plan. He will be supported by Leeanne Caton who has joined NAAJA as acting deputy CEO,” a spokeswoman said.

The Territory’s main legal aid service for Aboriginal people stopped taking new criminal clients in Alice Springs in November. Picture: Katie Hall

Last month the government hired consultancy firm EY to investigate all funding allocated to NAAJA in the 2022-23 financial year, after the agency stopped taking new criminal clients in Alice Springs in November. It comes in addition to a grant controller hired last year.

The federal government has altered the National Legal Assistance Partnership agreement meaning money earmarked for NAAJA could be diverted elsewhere, but is yet to pull the trigger on cutting the funds.

An AGD spokesman said it was still considering redirecting funds to the NT Legal Aid Commission, who in the meantime were receiving additional resources and support.

“Any redirection of funding is envisaged as an interim measure until the Department is satisfied that NAAJA is providing legal services in Central Australia,” he said.