Northern Territory July to December 2023

Abstract

A volatile year culminated in the resignation of Chief Minister Natasha Fyles after a series of failures to comply with interest disclosure legislation, alleged breach of public trust and exemplary investigative journalism by the formerly “banned” NT Independent.

While overall the NT voted against the question, the vast majority of remote communities were in favour of establishing an Indigenous Voice to Parliament (ABC News, 15 October 2023).

Former Chief Minister, Country Liberal Party (CLP) President and federal Liberal Party President Shane Stone was elected President of the CLP, replacing Sean Heenan who was himself elected earlier in the year to replace Lawson Broad who resigned over the party's opposition to The Voice (NT News, NT Independent, ABC News, 9, 10, 12 October 2023).

In October, the Australian Labor Party (ALP) cancelled its annual conference without explanation (NT Independent, 19 October; NT News, 20 October 2023).

A government reshuffle resulted in the promotion of Brent Potter and Joel Bowden at the expense of Lauren Moss and Paul Kirby (NT Independent, ABC News, 30 October; NT News, 31 October 2023). Not publicised was the simultaneous separation of NT Police, Fire and Emergency Services into three discrete agencies (NT Independent, 31 October 2023). Neither Moss nor Kirby would commit to contesting the 2024 election (NT News, 11 November 2023).

A Redbridge poll indicated that the ALP government was “unelectable” with only 19.7 per cent of the primary vote (NT Independent, NT News, 25 November 2023).

Following several integrity and transparency issues, the CLP promised to establish a lobbyist register (ABC News, 14 December 2023).

Director of Communications Margaret McKeown was sacked without explanation and a marketing manager from the Department of Chief Minister and Cabinet was appointed in her stead to oversee information released to the media by police (NT Independent, 4 July 2023). Acting Commissioner Michael Murphy denied government interference (NT News, 19 July 2023).

Superintendent Jody Nobbs told the Dhuruputjpi community in Arnhem Land that police were re-opening an investigation into the November 1934 disappearance of Dhakiyarr Wirrpanda in Darwin following his acquittal of murder on appeal to the High Court (NT News, 7 July 2023).

The Chief Minister appointed Acting Commissioner Michael Murphy, a 26-year veteran of the force, as Police Commissioner (ABC News, NT Independent, 24 August; NT News, 25 August 2023). Minister Kate Worden followed up by announcing a review into the police headed by former union boss Vince Kelly whose brief was to report to government by March next year (NT Independent, ABC News, 24 August; NT News, 25 August 2023). Deputy Commissioner Murray Smalpage announced his retirement (NT Independent, 30 August; NT News, 1 September 2023) as did Assistant Commissioner Bruce Porter (NT Independent, 8 September; NT News, 9 September 2023).

Police investigated an unprovoked attack on Chief Minister Fyles at a weekend market in her electorate after which a 56-year-old real estate agent, Suzanne Milgate, was charged with aggravated assault (ABC News, 24, 25 September; NT Independent, NT News, Guardian, 25, 26 September 2023). The Legislative Assembly issued trespass notices banning Milgate from all 25 electorate offices (NT Independent, 28 September; NT News, ABC News, 29 September; NT News, 30 September 2023). She was further charged with using a carriage service to harass (ABC News, 10 October; NT News, 11 October 2023). The matter was adjourned until next year (NT News, 21 November 2023).

Former Constable Zachary Rolfe attracted national attention after posting a photograph of himself with former SAS officer Ben Roberts-Smith in Bali, describing them as “just a couple of cops/murderers and war criminals” (NT News, 30 September 2023). Rolfe's lawyers invited NT Coroner Elisabeth Armitage to “consider recusing herself” from the Kumanjayi Walker inquest on grounds of “apprehended bias” (ABC News, 9, 16 October; NT News, 11, 16 October 2023). Armitage issued — and within days lifted — an “interim non-publication order” on the application's particulars before suspending the inquest while she considered the recusal matter (NT Independent, 10, 14, 18 October; ABC News, Crikey, 18 October; NT News, National Indigenous Times, 19 October 2023). The invitation was declined (NT Independent, ABC News, NIT, 22 November; NT News, 24 November 2023).

Keith Kerinauia, 19, was committed for trial in the Supreme Court for the murder of Declan Laverty, 20, in Darwin in March (ABC News, 12 July; NT News, NT Independent, 13 July 2023). A 10-day trial was set down for 17 June 2024 (ABC News, 21 September 2023).

Coroner Armitage released documentation indicating a shortfall of millions of dollars for strategies recommended by the NT government's domestic and sexual violence taskforce, which described the NT as being in “crisis” (NT Independent, 30 August; NT News, ABC News, 31 August; Crikey, ABC News, 1 September 2023).

The Supreme Court ordered the NT government to pay almost $1 million in compensation to four former Don Dale inmates who were unlawfully tear-gassed in 2014 (ABC News, 6 September 2023). The government appealed on the grounds that the award was “manifestly excessive” (ABC News, 25 September; NT News, 3 October 2023).

Zak Grieve, a 19-year-old convicted of a murder at which he was not present, was released on parole after serving more than half of a 20-year sentence under the NT's mandatory sentencing regime (ABC News, 27 October; NT News, 28 October 2023).

The North Australian Aboriginal Justice Agency (NAAJA) suspended representation in all new criminal matters in Alice Springs amid a staffing, governance and funding crisis (ABC News, 16 November; NT News, 20 November 2023).

Darwin Barrister Alistair Wyvill SC, who represented former Opposition Leader Delia Lawrie throughout the Stella Marris affair, was exonerated by the Legal Practitioners Disciplinary Tribunal following a “scathing” judgement by Justice Stephen Southwood in the 2015 Lawrie v Lawler appeal. The Tribunal was critical of Southwood who was then the subject of a complaint by Wyvill to the Judicial Commission, established in 2021 and chaired by Chief Justice Michael Grant who had been investigating the Wyvill complaint. Grant recused himself after an objection by Wyvill because his former Solicitor-General capacity involved advice to the then CLP government and their Stella Maris Inquiry Commissioner John Lawler (NT News, NT Independent, 13 July 2023). The Commission appointed an investigation panel to further examine some aspects of the complaint (NT News, 13 November 2023).

Commissioner Michael Riches came under fire for recruiting a “CLP operative” as an investigator. Riches claimed he was unaware of Cormac MacCarthy's antecedents (NT Independent, 12 July 2023). He later wrote to the Chief Minister citing funding cuts for his inability to recruit qualified people and called for the Act to be amended to forbid recruitment of politically aligned individuals (NT Independent, 16 July; NT News, 17 July 2023). It was then revealed that a former ALP member and 2022 federal election campaigner, Benedict McCarthy, had been recruited, remained on staff and had compromised an investigation into alleged misuse of public funds by the ALP during the 2020 election campaign (NT Independent, 19, 24 July 2023).

The Commissioner closed an investigation into NT Beverages that he had reopened following his predecessor's decision to close it for want of jurisdiction (NT Independent, 31 July; ABC News, 2 August 2023).

The ICAC annual report declared that there is no “widespread corruption” in the NT but noted the public sector's “failures to abide by proper process … and a lack of effective management and audit processes” (NT Independent, 19 October; NT News, 22 October 2023).

The Assembly passed amendments to the ICAC Act amid acrimonious debate, including that ICAC was without an Inspector (NT Independent, 24, 26 October; NT News, 25, 26 October 2023). Inspector Bruce McClintock SC was reappointed (NT Independent, 30 November; NT News, 1 December 2023).

The Supreme Court dismissed Jennifer Lea Sherrington's $3 million malfeasance appeal against former Commissioner Ken Fleming KC (NT News, 18 November 2023).

Within two hours of the Fyles resignation, Riches issued a media release “inviting” MLAs to disclose conflicts of interest to him despite there being “no obligation to do so” (ABC News, NT Independent, 19 December; NT News, 20 December 2023).

In her inaugural address to the National Press Club, Chief Minister Fyles rejected the premise of a question from NPC President Laura Tingle about her government's ban on the NT Independent. “We feel it's a blog page and … not a professional media outlet,” she said, adding that “there's been a lot of misinformation.” Fyles' comments were made notwithstanding that publication's multiple awards (NT Independent, 1 August 2023). Editor Christopher Walsh said he was considering his “legal options in relation to the chief minister's highly defamatory comments” (ABC News, 3 August 2023). Fyles fled from her own press conference without taking questions after Walsh appeared (NT Independent, 22 November; NT News, 23 November 2023).

Media representatives were banned from former Chief Minister Michael Gunner's speech to the NT Resources Week conference where Gunner was representing his new employer, Fortescue Future Industries (NT Independent, 13 September; NT News, 14 September 2023).

A row erupted between the NT government and the ABC over a Four Corners program on the use of private security guards in public areas, the government alleging and the ABC denying pizza-for-comment (ABC News, 30 October, 1, 2, 4 November; NT News, 5, 27 October, 1 November 2023).

As soon as she was sworn into office, Chief Minister Eva Lawler reversed the “ban” on the award-winning NT Independent by inviting editor Christopher Walsh to her first media conference (ABC News, NT Independent, 21 December 2023).

Mines Minister Nicole Manison warned of a “royalties cliff” with the imminent closure of Rio Tinto's bauxite mine in Gove and Gemco's manganese mine on Groote Eylandt, which would affect own-source revenue for the NT Treasury and income for land councils (NT News, 2 August 2023).

More than 100 NT environmental activists, joined by Independent and “Teal” Senators, protested about Beetaloo fracking and the Middle Arm project at Parliament House in Canberra, claiming the Top End is at the front line of the climate crisis (ABC News, 8 August; The Conversation, 31 October 2023). Meanwhile, academics questioned Middle Arm's environmental sustainability after Fyles derided “teals and trolls,” declaring that the NT was “not for turning” at the National Press Club (The Conversation, 9 August; NT Independent, 12 August 2023). The Senate's Environment Committee will inquire into at least five aspects of the Middle Arm precinct and report by 28 February 2024 (ABC News, NT Independent, Guardian, 5 September 2023). Experts warned that methane in groundwater meant that fracking approvals in the Beetaloo Basin were flawed and that onshore emissions had been significantly underestimated (Guardian, 20, 31 October 2023). The NT government approved the “largest water allocation plan in NT history”: 210 billion litres of groundwater at Beetaloo Basin for oil and gas, agriculture and community use annually (ABC News, 14 November; NT News, NT Independent, 15 November 2023).

The High Court granted the federal government leave to appeal the May decision of the Federal Court in relation to Gumatj compensation for bauxite mining on the Gove Peninsula (Michael West Media, 19 October 2023). The matter was set down for three days in August next year (ABC News, 13 November 2023).

Acrimony between Santos and Tiwi Islanders over the Barossa gas project continued, the Tiwi disputing claims of a completed underwater cultural heritage site survey (Guardian, 21 October; NT Independent, 24 October; ABC News, 26 October; ABC News, Guardian, NT Independent, 2, 15 November; NT News, 3, 17 November, 22 December 2023).

The NT government scrapped a proposal, which was Recommendation 9.8 from the Pepper Inquiry, for net zero emissions from onshore gas after industry objections (Guardian, 4 December 2023).

A Code Yellow was declared for Royal Darwin and Palmerston Hospitals, prompting the Australian Medical Association to warn that the “system is in crisis” (NT Independent, 10 August; NT News, 11 August 2023). Three weeks later, a further Code Yellow was declared and forced some elective surgery to be postponed (ABC News, 22 August; NT News, 24 August 2023) with another declared within weeks (NT News, 14 September 2023).

In Central Australia, early intervention to address neurodevelopmental disorders (attention deficit hyperactivity disorder, autism and foetal alcohol spectrum disorder) received a federal funding boost of $18.4 million (NT News, 25 August 2023).

Independent MLA Kezia Purick attracted criticism from peak health organisations for accepting a five-star sponsored speaking engagement at the Global Tobacco and Nicotine Forum in Seoul in September (Guardian, 28 October; ABC News, 30 October; NT News, NT Independent, 31 October, 1, 2, 3 November 2023).

Takeaway alcohol restrictions in Alice Springs were extended by twelve months (ABC News, NT Independent, 20 July; NT News, 21 July 2023) and a new permit system introduced in Nhulunbuy (NT Independent, ABC News, 26 September; NT News, 27 September 2023).

In evidence to a coronial inquiry into domestic violence, Professor Marcia Langton called for uniform, permanent alcohol bans as an “absolutely necessary public health measure” (ABC News, 31 October; NT News, Guardian, 1 November 2023).

In the final parliamentary sitting of the year, the government capitulated on law and order issues, providing that private security guards at takeaway liquor outlets be armed with capsicum spray, more powers for police in relation to the Banned Drinker Register, and a reduction in some takeaway liquor outlet operating hours (ABC News, NT News, NT Independent, 27, 28 November; 3 December 2023).

The Office of the Registrar of Indigenous Corporations (ORIC) closed a four-year investigation into the Gundjeihmi Aboriginal Corporation without making any findings (ABC News, 12 September; NT News, NT Independent, 15 September 2023).

The troubled Barkly Regional Council Mayor's fitness was called into question following a “citizen's arrest” involving a 12-year-old child being physically restrained and threatened by Mayor Jeffrey McLaughlin and another, unnamed man in Tennant Creek. Former councillor Noel Hays called on Local Government Minister Chansey Paech to sack the council, citing ongoing dysfunction (NT Independent, 6, 7, 9, 11, 15 October; ABC News, 7, 10 October; NT News, 8, 9, 11, 14 October; Guardian, 9 October; Crikey, 10 October 2023). The Minister did suspend the Council and placed it under official management until March 2024 (NT Independent, ABC News, 17, 18, 19 October; NT News, 18 October 2023).

A Woodside shareholding declared by Chief Minister Natasha Fyles gave rise to questions about conflicts of interest and her advocacy for the Middle Arm project, a joint venture proponent of which is Woodside with Inpex and Total Energies. By week's end, she had divested the shares (NT Independent, ABC News, NT News, 14, 15, 16, 17, 20, 21 November 2023). Independent MLA Robyn Lambley declared the Chief Minister's position untenable because she, as Health Minister, failed to disclose her husband's employment with CareFlight, a major government service provider (NT Independent, 24 November 2023). Further questions arose when her senior advisor Gerard Richardson's company, Brookline Advisory, was revealed as a registered lobbyist for Tamboran Resources, which has interests in both the Beetaloo Basin and Middle Arm industrial precinct (NT Independent, 5, 6, 7, 9 December; NT News, 8, 9 December 2023). Independent MLA Mark Turner referred Richardson and Fyles to ICAC (NT Independent, 12 December; ABC News, 13 December, NT News, 17 December 2023). Fyles also holds undeclared shares in South32, operator of the Groote Eylandt manganese mine and, as Health Minister, refused to investigate suspected heavy metal poisoning earlier this year (NT Independent, ABC News, 18 December; NT News, Crikey, ABC News, Guardian, 19 December 2023). Fyles resigned and was succeeded by Eva Lawler (NT Independent, ABC News, The Conversation, 19, 20, 21 December; NT News, Guardian, 20, 21, 22 December 2023).

The Ministry was reduced by one following the ascension of Eva Lawler and Chansey Paech to Chief and Deputy Chief Minister, respectively. Experienced ministers Natasha Fyles and Nicole Manison, who initially announced her intention to contest the leadership, consigned themselves to the backbench, the latter not expected to contest the 2024 election. Lawler immediately announced a review of financial interests guidelines (ABC News, NT Independent, 21 December; NT News, 22 December 2023).

Children's Commissioner Colleen Gwynne resigned after reaching a “confidential settlement” with the NT government following a protracted legal dispute (NT Independent, 12 September; NT News, 13 September 2023). Shahleena Musk was appointed in her stead (NT Independent, 22 December; NT News, 27 December 2023).

Kelly Ralston, formerly of Austrade and Jabiru Kabolkmakmen, was appointed NT Investment Commissioner. She replaced Andy Cowan who vacated the role over twelve months ago (NT News, 6 September 2023).

Fortescue Energy laid off all its NT staff except former Chief Minister Michael Gunner (NT Independent, 27 September 2023).

John McBride, Carly Ingles and Ben O'Loughlin were appointed Local Court Judges (NT News, NT Independent, 20 October 2023).

Frank Daly, former CEO of the Department of Chief Minister and Cabinet, was quietly removed after only a year in the job on the same day the Cabinet reshuffle was announced. He was replaced by former Territory Families CEO Ken Davies who was coaxed out of retirement (NT Independent, 30 October, 6 November; NT News, 1 November 2023).

Central Australian educator Dr Margaret Kemarre Turner OAM was given a State Funeral in Alice Springs on 17 August following her death on 5 July, aged 85 (ABC News, 5 July, 17 August; NT News, 11, 18 August 2023).

Deputy Chairman of the Anindilyakwa Land Council and pro-Voice campaigner Thomas Amagula, 52, died in Darwin two days before the Voice referendum. He was also a director of the Aboriginal Sea Company Ltd, NT Aboriginal Investment Corporation and Miwatj Health (NT News, 14 October 2023).

Chairman of the Northern Land Council and Australian of the Year Dr Samuel Bush-Blanasi, 61, died at Royal Darwin Hospital after a short illness (ABC News, NT Independent, 13 November; NT News, 14 November 2023) and was farewelled at a State Funeral (NT News, 1, 15 December; ABC News, 15 December 2023).

A State Memorial for former magistrate, Solicitor General, Administrator of the NT and patron of the arts Thomas Ian (Tom) Pauling AO KC followed his death from cancer at his Darwin home, aged 76 (ABC News, NT News, 24, 25 November, 13, 15 December 2023).