NT top cop to remain on leave for at least two months

Jamie Chalker won’t return to work as planned after a Supreme Court judge set down his employment dispute to be heard in June.

NT Police commissioner Jamie Chalker. Picture: Pema Tamang

The Northern Territory Commissioner of Police is expected to remain on leave for at least two more months after a Supreme Court judge set down his employment dispute to be heard later this year.

Justice John Reeves made in-chambers orders on Tuesday afternoon setting down a hearing date for Territory top cop Jamie Chalker’s civil matter to be heard in June.

The matter will be heard in Darwin before Justice Judith Kelly from June 7 to June 9.

This comes after the Northern Territory Chief Minister revealed on Wednesday morning that the Police Commissioner would not return to work on today as planned, amid the bitter Supreme Court battle over his tenure.

Chief Minister Natasha Fyles told The Australian this morning that Territory top cop Jamie Chalker “remains on leave” despite being due back at work today after a period of planned leave over Easter.

NT Chief Minister Natasha Fyles. Picture: Pema Tamang Pakhrin

“As I have said previously, we have been in negotiations with Mr Chalker,” she said in response to questions from The Australian.

“This week a matter was commenced in the Supreme Court. I am aware of reports discussing that matter, but will not provide comments as the matter is currently before the Court.

“We continue to negotiate with Mr Chalker, and at this time he remains on leave.

“As a government, we are focused on Territorians.”

Ms Fyles said Deputy Commissioner Michael Murphy continues to act in the top job during this time.

The government has not responded to questions about Mr Chalker’s leave type, dates or whether he is still being paid.

Meanwhile, the Northern Territory Police Force was in the dark until mid-morning on Wednesday when the Government finally informed the organisation that its boss would “remain on leave”.

On Tuesday afternoon the NT Police Media unit revealed, in response to questions from The Australian, that they were unable to provide answers because they themselves were completely in the dark.

“The NT Government has yet to provide any update to PFES, so any inquiries should be directed to them for a response,” a spokesperson said.

Then on Wednesday – after the Commissioner did not return to work as planned – the Government informed the agency that he would “remain on leave”.

“The Commissioner of Police and CEO of Northern Territory Fire and Emergency Services, Mr Jamie Chalker APM, is currently involved in a legal matter with the Northern Territory Government and today the Chief Minister advised us that the Commissioner will remain on leave,” a police spokesperson said this morning.

“Deputy Commissioner Michael Murphy will continue to act in the role during this time.”

On April 1, Sky News revealed that the NT Labor government had asked Commissioner Chalker to resign.

The government contacted Mr Chalker on March 31 and indicated it has lost confidence in him.

Mr Chalker officially began in the job on November 9, 2019, just two days after Constable Zachary Rolfe fatally shot Kumanjayi Walker during an arrest at Yuendumu. His four-year contract is due to expire in November.

On Friday Commissioner Chalker launched legal action against Chief Minister Natasha Fyles, Police Minister Kate Worden and the Northern Territory Government to prevent his dismissal.

Commissioner Chalker filed a motion, obtained by The Australian, in the NT Supreme Court on Friday against seeking a declaration that the Government has no power to revoke his appointment as Police Commissioner.

The court documents sought an order that he be “afforded procedural fairness and natural justice” before the chief minister or police minister is allowed to recommend his employment be terminated.

The motion also sought an order that Ms Fyles provide the particulars in relation to allegations she made in a letter given to him on March 3 and that the defendants be prevented from taking any steps to revoke his appointment until he has had an opportunity to respond to the allegations.

On Monday Commissioner Chalker’s lawyer Arthur Moses SC told the NT Supreme Court that the letter made four allegations, including that Commissioner Chalker “had asked the Australian Defence Force to go into Alice Springs”, the ABC reported.

“We now know that [allegation] was false ... there’s an assertion ... they might have meant to refer to the Australian Federal Police,” Mr Moses said.

Mr Moses asked Justice John Reeves to set down a hearing and allow three days for the case to be heard, during which he intended to cross-examine Ms Fyles and Ms Worden.

NT Solicitor-General Nikolai Christrup SC – for the defendants – said that if Commissioner Chalker was allowed to return to work in his current role it would “cause serious problems” and “potential detriment to the public interest”.

“There needs to be trust and confidence between the ministers and the commissioner of police,” he said.

The parties are understood to have attended a mediation on Monday evening but on Tuesday Ms Fyles told ABC Radio Darwin that “negotiations” with Commissioner Chalker were continuing “in good faith”

“What I can say is I’m never afraid to have a difficult conversation or tackle the difficult issues, especially when it’s in the best interest of the Territory,” she said.

The ongoing dispute has caused uncertainty and instability within the struggling police force as it fights a surge in crime across the Territory with dwindling resources and damaged morale.

Matt Cunningham is Sky News northern Australia correspondent.