NT ICAC report on Zachary Rolfe shooting emphasises need for clarity on watchdog powers
As ICAC investigations into the arrest of former Territory cop Zachary Rolfe continue, the Commissioner says more clarity is needed for watchdog oversight of police misconduct.
Police & Courts
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An independent investigation into the fatal police shooting of Yuendumu teenager Kumanjayi Walker has prompted the corruption watchdog, NT Police and the Territory Ombudsman to work together to clarify their roles in overseeing critical police incidents.
The Office of the Independent Commissioner against Corruption NT is investigating what happened between the time of the shooting on November 9, 2019, to the arrest of then Constable Zachary Rolfe, who was charged with murder.
Mr Rolfe was acquitted on all charges by a Supreme Court jury last year over the 19-year-old Warlpiri-Luritja man’s death.
An interim discussion paper released by the ICAC on Friday aimed to flag policy areas for further debate and acknowledge some “confusion and misunderstanding” about the watchdog’s role in critical police incidents – defined as an incident involving death or serious injury directly linked to police activity.
In the Territory both the ICAC and the Ombudsman have a role in overseeing police conduct, with the Ombudsman holding primary responsibility for oversight of management of police misconduct.
Commissioner Michael Riches said there was “a clear need for clarity” as to the roles to be played by the oversight bodies.
“To that end both the newly appointed police Commissioner, the Ombudsman and I have agreed to commence work on a tripartite Memorandum of Understanding that will provide clarity on the respective roles, responsibilities and expectations of the NT Police, the Ombudsman and the ICAC,” he said.
Mr Riches said the MOU would be put in place with “reasonable expediency” and would be reconsidered in light of any findings and recommendations to come out of the Coroner’s ongoing inquest into Kumanjayi Walker’s death.
Once approved the agreement will be made publicly available.
The ICAC discussion paper questioned whether independent oversight of police critical incidents was required in the NT, and if so, who should be responsible and in what capacity.
“Beyond expressing the view that more than one oversight body may lead to duplication, inconsistent approaches and confusion, I do not think it necessary or appropriate to comment further,” Mr Riches said.
The commissioner said he had “intentionally avoided expressing any firm view” on future policy directions.
“I do not wish to stifle debate and, as I have said publicly in the past, a statutory office holder ought tread carefully when expressing firm views about matters of policy,” he said in the report.
“Instead, this paper is designed to stimulate and support considered discussion.”
The ICAC released its first investigation report into Mr Rolfe’s arrest in May, with a second and final report to be released after the conclusion of the coronial inquest.
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