Six months before his contract was due to expire, the Northern Territory’s top cop Jamie Chalker has retired from his post.
The announcement came a day before the former police commissioner was due to file his evidence in a Supreme Court case that he had brought against the Northern Territory government, which could have seen Chief Minister Natasha Fyles and Police Minister Kate Worden cross-examined in court.
His retirement ended weeks of speculation and uncertainty about his future in the role, after reports emerged that the government had asked him to resign.
But just last month, Mr Chalker had said he intended to stay in the role of police commissioner for years to come.
So, how did we get here?
It all started about a month ago
On April 1, media outlets began reporting that Jamie Chalker had been asked to resign by the NT government.
For days, Chief Minister Natasha Fyles refused to answer questions about whether she still had faith in him as police commissioner, before later changing the script to say she was engaging in “good faith” negotiations with Mr Chalker about his contract, which was due to expire in November 2023.
Mr Chalker hired a high-profile — and expensive — legal team in Arthur Moses SC and Rebekah Giles, who then launched Supreme Court action against Ms Fyles, Police Minister Kate Worden and the NT government on his behalf.
Court documents revealed Mr Chalker was seeking a court-ordered injunction to prevent any potential dismissal and a declaration that the government had no power to sack him at all.
A letter from the chief minister
Mr Moses told the court his client had been sent a letter from Ms Fyles which outlined four “allegations” against Mr Chalker — including an accusation that he had called the Australian Defence Force for help to tackle crime in Alice Springs.
The court heard it was conceded by the government that the accusation should have been about the Australian Federal Police, but even that, according to Mr Moses, was incorrect.
The other details and allegations laid bare in the letter remain unknown, and with a confidential settlement agreement between Mr Chalker and the government now in place, it’s unlikely they’ll ever be revealed.
Among the orders sought by Mr Chalker was that he be given more details of the allegations and an opportunity to respond.
The Supreme Court had listed Mr Chalker’s argument to be heard in full by a judge over three days in June, during which time Mr Moses told the court that he intended to cross-examine Ms Fyles and Ms Worden.
Mr Chalker’s legal team was due to file its evidence with the Supreme Court today.
But with all parties signing on the dotted line of a confidential resolution over the weekend, its evidence is no longer needed, and the three-day hearing will be vacated.
Why did Mr Chalker retire?
The details of Mr Chalker’s agreement with the NT government will be a closely guarded secret that all those involved will likely be legally compelled to keep to themselves.
In a joint statement released by the government and Mr Chalker on Sunday, it was revealed that the former commissioner had retired from his post and that both parties were “bound by confidentiality obligations”.
According to the NT’s Police Administration Act (PAA), a commissioner of police may only retire under strict circumstances.
Either they have reached the age of 55 — which Mr Chalker has not — or the administrator of the NT, Hugh Heggie, must be satisfied that “by reason of illness or other incapacity he is unable to discharge the duties of his position”.
Ms Fyles was asked at a press conference on Sunday, following the announcement, what the “incapacity” in Mr Chalker’s situation was.
But she refused to give details, saying only that the “special circumstances” required by law “had been met”.
How much has this cost taxpayers?
Again, the confidentiality clause in the settlement agreement means it’s unlikely the public will ever know exactly how much Mr Chalker was paid as part of the settlement.
Ms Fyles told media on Sunday that she had been kept “at arm’s length” from final decisions on the government’s resolution with Mr Chalker, but that he was “entitled to a number of financial matters”.
“I am bound by confidentiality in disclosing details, but I always act in the best interest of Territorians and also [am] very respectful to taxpayer dollars,” Ms Fyles said.
Given Mr Chalker’s contract was not due to expire for another six months, it has been speculated a significant sum could have been paid to him.
When asked if it would have been cheaper for the NT government to have let Mr Chalker see his contract through, Ms Fyles said she was “not able to provide commentary”.
Why would Mr Chalker not finish his contract?
It’s impossible to know exactly why the NT government would seemingly have asked its police commissioner to resign, risking the expensive – and very public – spectacle the whole saga has become.
However, the NT government has been facing constant criticism about crime, and as the head of a police force facing widely reported morale issues and struggling to keep up with skyrocketing crime rates, questions about Jamie Chalker’s leadership have loomed large for months.
A NT Police Association survey in August last year revealed that 79.7 per cent of the 1,044 respondents did not have confidence in Mr Chalker as commissioner.
At the time, Mr Chalker said he had been “aware” of the sentiment and that surveys were “never” popular for police management, while both sides of politics voiced their support for him.
A tough start at the top
When Mr Chalker began his tenure as the territory’s top cop in November 2019, it was just two days after a NT police officer had fatally shot an Indigenous man in a remote community during an attempted arrest.
Then, two days after Mr Chalker took office, former constable Zachary Rolfe was charged with murder.
Mr Chalker’s entire NT police force was on edge and police relationships with communities were in tatters, in what was no doubt a difficult first hurdle for a commissioner so publicly dedicated to policing in the bush.
Mr Rolfe has since been cleared by a jury of all charges after arguing he acted in self-defence when he shot Mr Walker after being stabbed with a pair of scissors.
Mr Chalker has always maintained he was not involved in the decision to prosecute the officer.
Then a few months into his new position as commissioner, the police front line was stretched to the most remote parts of the territory as police carried out the NT government’s COVID-19 response plan.
The mental health of officers also soon came under the microscope after a spate of suicides of serving and former officers.
All the while, Mr Chalker was also attempting to plan a police response to a crime wave in Alice Springs, which put Central Australia on national front pages.
As the police commissioner, Mr Chalker said his fatigued officers could not arrest their way out of the crime crisis facing the territory, telling media in March that he was “advocat[ing] for different approaches to the way things [were] being done”.
“There’s clearly social issues that are driving these things, what is the propensity of violence that we continue to see in the Northern Territory, that is not anywhere near as prevalent in societies in other parts of Australia,” he said on March 28.
A joint press release from the NT government and Mr Chalker on Sunday was glowing of Mr Chalker’s career with NT Police, including his three and a half years as police commissioner.
“The retirement of his commission follows Mr Chalker’s highly decorated career as a NT police officer, during which time he was awarded a medal for bravery, ran investigations into homicide and organised crime and held several leadership positions,” the statement said.
“Through challenging times, Mr Chalker has been dedicated to public service and focused on the safety and security of all Territorians.
What happens now?
With Mr Chalker retired, Ms Fyles said a national recruitment campaign would now begin to find a new NT police commissioner.
As for how long that process will take and who is likely to put their hand up, the chief minister wasn’t able to say.
Deputy Commissioner Michael Murphy will continue acting in the top job until a permanent replacement is found.
