Police feature in complaints to territory ombudsman
Some prisoners can't even lay complaints due to prison lockdowns or being held in watchhouses, Northern Territory Acting Ombudsman Candice Maclean has told a parliamentary estimates hearing.
Chief Minister Lia Finocchiaro defended the reintroduction of spit hoods for youths in custody at the hearing on Tuesday, saying her government was delivering on an election process to crackdown on crime and protect officers.
Ms Maclean said that in 2023-24 there were 2010 approaches to the ombudsman's office, including 369 complaints against police and 453 against correctional services.
As of March 31, 2025, there had been 1820 approaches, including 498 police complaints, 327 against correctional services, 521 against government departments and 39 involving local councils.
"Towards the end of this financial year we expect over 600 police complaints which we consider may be due to increased police presences and operational activity," the Ombudsman said.
The ombudsman's office worked closely with the NT Police professional standards command to ensure fairness of process to both complainants and accused officers, she said.
Around 430 correctional services complaints were predicted towards the end of the financial year, a slightly reduced total than expected.
"We consider this decrease may be due to a number of factors including inability of prisoners to access our office potentially due to lockdowns and being accommodated in watchhouses," the ombudsman told the hearing.
Ms Maclean said her office was engaging with NT Corrections on how things could be improved.
Opposition Leader Selina Uibo asked if the government accepted the previous ombudsman's findings on the risks and lack of evidence supporting the reintroduction of spit hoods for children.
The previous Labor government banned their use but the Country Liberal Party government allowed police and correctional officers to use them again after winning power last year.
The previous NT ombudsman, Peter Shoyer, had recommended the devices not be used in any settings.
In response to Ms Uibo's question Ms Finocchiaro made no apologies for their reintroduction, saying it was an election commitment so "the provision of that tool for police had been provided".
In 2023 the United Nations committee against torture recommended Australia "take all necessary measures to end the use of spit hoods in all circumstances, across all jurisdictions".
The Australian Federal Police and the NSW, Queensland and South Australian police forces all ban the use of the hoods.
Ms Finocchiaro said her government had made law and order the cornerstone of its first budget with a record $1.5 billion investment in corrections, courts and police.
The NT government has also lowered the age of criminal responsibility from 12 to 10 and introduced tougher bail laws.
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Convicted sex offender MP Gareth Ward has lost a fight to keep his job, as the Court of Appeal rejected his lawyer's arguments that his expulsion from parliament would be "punitive". "Representative democracy would not be offended by the passage of any resolution expelling Mr Ward," Chief Justice Andrew Bell said on Thursday afternoon. "The electorate of Kiama will be re-enfranchised by the holding of a byelection." The move means a byelection for the seat of Kiama is looming, with a motion to expel Ward receiving bipartisan support following his convictions for serious sexual abuse offences. Ward, 44, was escorted into custody last week after a jury found him guilty of sexual intercourse without consent against a 24-year-old man in 2015, and three counts of indecent assault against an 18-year-old man in 2013. The former Liberal is in a Cessnock jail awaiting his sentencing, scheduled for September 19, while he continues to receive his full taxpayer-funded salary. 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Mr King told the court Ward has filed a notice of intention to appeal his criminal convictions and that parliament should wait until his appeal is heard before expelling him. He said that if Ward is later acquitted after he is expelled, then he will have lost his rights to regain his seat, meaning his career will have been "trashed". Justice Bell intervened and said a "very significant event" had since interposed since Ward was initially suspended from parliament after he was charged with the offences. "He has had a nine-week trial, and he has been convicted by 12 of his fellow citizens," the judge said. The government's barrister Craig Lenehan SC argued that the interlocutory injunction granted on Monday should be overturned to allow the expulsion motion. He said Ward had "assumed the burden of showing some sort of punitive purpose" in launching the case. "The letter, we say, is very errored territory ... it displays no punitive purpose whatsoever and cannot be said to involve some sort of sham," he said. "We would say ... it's obviously open to a legislative body to form a view that a member committed by a jury of serious sex offence should be expelled to in order to protect the mutual trust and confidence of its members, and also the confidence of the community in the ability of the assembly to discharge its high constitutional functions." NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was "an unconscionable situation". Opposition Leader Mark Speakman repeated calls for Ward to resign after the legal action prevented a parliamentary vote to expel him. Convicted sex offender MP Gareth Ward has lost a fight to keep his job, as the Court of Appeal rejected his lawyer's arguments that his expulsion from parliament would be "punitive". "Representative democracy would not be offended by the passage of any resolution expelling Mr Ward," Chief Justice Andrew Bell said on Thursday afternoon. "The electorate of Kiama will be re-enfranchised by the holding of a byelection." The move means a byelection for the seat of Kiama is looming, with a motion to expel Ward receiving bipartisan support following his convictions for serious sexual abuse offences. Ward, 44, was escorted into custody last week after a jury found him guilty of sexual intercourse without consent against a 24-year-old man in 2015, and three counts of indecent assault against an 18-year-old man in 2013. The former Liberal is in a Cessnock jail awaiting his sentencing, scheduled for September 19, while he continues to receive his full taxpayer-funded salary. Labor, with support from the Coalition, was expected to introduce a motion to expel Ward from parliament on Tuesday. However, Ward's lawyers filed an injunction at the 11th hour to block the motion, with an urgent full-day hearing in the Court of Appeal underway. It was initially scheduled for Friday; however, it was moved to Thursday, as parliament will break for five weeks after Friday. Judge Bell, Justice Anna Mitchelmore, and Justice Jeremy Kirk rejected Ward's lawyer's arguments and dismissed the interlocutory injunction. "The fact that Mr Ward has filed a notice of intention to appeal (his convictions) does not affect the power of the assembly to expel him," Judge Bell said. "Section 13A(3) of the Constitution Act expressly preserves the assembly's right to expel a member and any doubt is resolved by the second reading speech to introduce that section. "Whether or not the assembly was under an obligation to afford Mr Ward procedural fairness, he has been afforded an opportunity to present arguments as to why he should not be expelled and has exercised that right by his solicitor's letter." 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He said that if Ward is later acquitted after he is expelled, then he will have lost his rights to regain his seat, meaning his career will have been "trashed". Justice Bell intervened and said a "very significant event" had since interposed since Ward was initially suspended from parliament after he was charged with the offences. "He has had a nine-week trial, and he has been convicted by 12 of his fellow citizens," the judge said. The government's barrister Craig Lenehan SC argued that the interlocutory injunction granted on Monday should be overturned to allow the expulsion motion. He said Ward had "assumed the burden of showing some sort of punitive purpose" in launching the case. "The letter, we say, is very errored territory ... it displays no punitive purpose whatsoever and cannot be said to involve some sort of sham," he said. "We would say ... it's obviously open to a legislative body to form a view that a member committed by a jury of serious sex offence should be expelled to in order to protect the mutual trust and confidence of its members, and also the confidence of the community in the ability of the assembly to discharge its high constitutional functions." NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was "an unconscionable situation". Opposition Leader Mark Speakman repeated calls for Ward to resign after the legal action prevented a parliamentary vote to expel him. Convicted sex offender MP Gareth Ward has lost a fight to keep his job, as the Court of Appeal rejected his lawyer's arguments that his expulsion from parliament would be "punitive". "Representative democracy would not be offended by the passage of any resolution expelling Mr Ward," Chief Justice Andrew Bell said on Thursday afternoon. "The electorate of Kiama will be re-enfranchised by the holding of a byelection." The move means a byelection for the seat of Kiama is looming, with a motion to expel Ward receiving bipartisan support following his convictions for serious sexual abuse offences. Ward, 44, was escorted into custody last week after a jury found him guilty of sexual intercourse without consent against a 24-year-old man in 2015, and three counts of indecent assault against an 18-year-old man in 2013. The former Liberal is in a Cessnock jail awaiting his sentencing, scheduled for September 19, while he continues to receive his full taxpayer-funded salary. Labor, with support from the Coalition, was expected to introduce a motion to expel Ward from parliament on Tuesday. However, Ward's lawyers filed an injunction at the 11th hour to block the motion, with an urgent full-day hearing in the Court of Appeal underway. It was initially scheduled for Friday; however, it was moved to Thursday, as parliament will break for five weeks after Friday. Judge Bell, Justice Anna Mitchelmore, and Justice Jeremy Kirk rejected Ward's lawyer's arguments and dismissed the interlocutory injunction. "The fact that Mr Ward has filed a notice of intention to appeal (his convictions) does not affect the power of the assembly to expel him," Judge Bell said. "Section 13A(3) of the Constitution Act expressly preserves the assembly's right to expel a member and any doubt is resolved by the second reading speech to introduce that section. "Whether or not the assembly was under an obligation to afford Mr Ward procedural fairness, he has been afforded an opportunity to present arguments as to why he should not be expelled and has exercised that right by his solicitor's letter." Ward has also been orderd pay the government's legal costs. Ward's barrister Peter King had argued the Legislative Assembly would become a "kangaroo court" if it were to expel Ward, as his "existing right as a member of the assembly to speak in the debate to oppose the resolution is lost". "In short, he is to be expelled by a kangaroo court," Mr King said. Judge Bell interjected to say Ward's inability to attend parliament and to oppose the motion was "driven entirely by the fact" he was behind bars. Mr King also argued the assembly had no power to expel him. "We submit it is punitive, firstly because it expels the plaintiff (Ward) from his seat to which he was elected by the people of Kiama," Mr King said. Mr King said the action was also punitive because it would trigger a by-election, and Ward would "further be punished in that respect by losing the opportunity of regaining his seat." Under Standing Order 254 of the NSW Parliament, an MP only faces expulsion if they are found by the House to be "guilty of conduct unworthy of a member of parliament". Mr King claimed the "mere fact" of the convictions was "not a sufficient basis" for an expulsion. He said the letter to Ward from the Leader of the House Ron Hoenig did not outline Ward's behaviour that satisfied the description of the definition of unworthy conduct. "All Mr Ward has is a four-paragraph letter, which fails to identify any behaviour," Mr King said. Judge Bell pressed the barrister, stating: "Are you seriously submitting that convictions of the counts ... are not conduct unworthy?" "The four counts are evidence of the fact of conviction, but they're not evidence of the facts which underlie that conviction," Mr King replied. Mr King told the court Ward has filed a notice of intention to appeal his criminal convictions and that parliament should wait until his appeal is heard before expelling him. He said that if Ward is later acquitted after he is expelled, then he will have lost his rights to regain his seat, meaning his career will have been "trashed". Justice Bell intervened and said a "very significant event" had since interposed since Ward was initially suspended from parliament after he was charged with the offences. "He has had a nine-week trial, and he has been convicted by 12 of his fellow citizens," the judge said. The government's barrister Craig Lenehan SC argued that the interlocutory injunction granted on Monday should be overturned to allow the expulsion motion. He said Ward had "assumed the burden of showing some sort of punitive purpose" in launching the case. "The letter, we say, is very errored territory ... it displays no punitive purpose whatsoever and cannot be said to involve some sort of sham," he said. "We would say ... it's obviously open to a legislative body to form a view that a member committed by a jury of serious sex offence should be expelled to in order to protect the mutual trust and confidence of its members, and also the confidence of the community in the ability of the assembly to discharge its high constitutional functions." NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was "an unconscionable situation". Opposition Leader Mark Speakman repeated calls for Ward to resign after the legal action prevented a parliamentary vote to expel him. Convicted sex offender MP Gareth Ward has lost a fight to keep his job, as the Court of Appeal rejected his lawyer's arguments that his expulsion from parliament would be "punitive". "Representative democracy would not be offended by the passage of any resolution expelling Mr Ward," Chief Justice Andrew Bell said on Thursday afternoon. "The electorate of Kiama will be re-enfranchised by the holding of a byelection." The move means a byelection for the seat of Kiama is looming, with a motion to expel Ward receiving bipartisan support following his convictions for serious sexual abuse offences. Ward, 44, was escorted into custody last week after a jury found him guilty of sexual intercourse without consent against a 24-year-old man in 2015, and three counts of indecent assault against an 18-year-old man in 2013. The former Liberal is in a Cessnock jail awaiting his sentencing, scheduled for September 19, while he continues to receive his full taxpayer-funded salary. Labor, with support from the Coalition, was expected to introduce a motion to expel Ward from parliament on Tuesday. However, Ward's lawyers filed an injunction at the 11th hour to block the motion, with an urgent full-day hearing in the Court of Appeal underway. It was initially scheduled for Friday; however, it was moved to Thursday, as parliament will break for five weeks after Friday. Judge Bell, Justice Anna Mitchelmore, and Justice Jeremy Kirk rejected Ward's lawyer's arguments and dismissed the interlocutory injunction. "The fact that Mr Ward has filed a notice of intention to appeal (his convictions) does not affect the power of the assembly to expel him," Judge Bell said. "Section 13A(3) of the Constitution Act expressly preserves the assembly's right to expel a member and any doubt is resolved by the second reading speech to introduce that section. "Whether or not the assembly was under an obligation to afford Mr Ward procedural fairness, he has been afforded an opportunity to present arguments as to why he should not be expelled and has exercised that right by his solicitor's letter." Ward has also been orderd pay the government's legal costs. Ward's barrister Peter King had argued the Legislative Assembly would become a "kangaroo court" if it were to expel Ward, as his "existing right as a member of the assembly to speak in the debate to oppose the resolution is lost". "In short, he is to be expelled by a kangaroo court," Mr King said. Judge Bell interjected to say Ward's inability to attend parliament and to oppose the motion was "driven entirely by the fact" he was behind bars. Mr King also argued the assembly had no power to expel him. "We submit it is punitive, firstly because it expels the plaintiff (Ward) from his seat to which he was elected by the people of Kiama," Mr King said. Mr King said the action was also punitive because it would trigger a by-election, and Ward would "further be punished in that respect by losing the opportunity of regaining his seat." Under Standing Order 254 of the NSW Parliament, an MP only faces expulsion if they are found by the House to be "guilty of conduct unworthy of a member of parliament". Mr King claimed the "mere fact" of the convictions was "not a sufficient basis" for an expulsion. He said the letter to Ward from the Leader of the House Ron Hoenig did not outline Ward's behaviour that satisfied the description of the definition of unworthy conduct. "All Mr Ward has is a four-paragraph letter, which fails to identify any behaviour," Mr King said. Judge Bell pressed the barrister, stating: "Are you seriously submitting that convictions of the counts ... are not conduct unworthy?" "The four counts are evidence of the fact of conviction, but they're not evidence of the facts which underlie that conviction," Mr King replied. Mr King told the court Ward has filed a notice of intention to appeal his criminal convictions and that parliament should wait until his appeal is heard before expelling him. He said that if Ward is later acquitted after he is expelled, then he will have lost his rights to regain his seat, meaning his career will have been "trashed". Justice Bell intervened and said a "very significant event" had since interposed since Ward was initially suspended from parliament after he was charged with the offences. "He has had a nine-week trial, and he has been convicted by 12 of his fellow citizens," the judge said. The government's barrister Craig Lenehan SC argued that the interlocutory injunction granted on Monday should be overturned to allow the expulsion motion. He said Ward had "assumed the burden of showing some sort of punitive purpose" in launching the case. "The letter, we say, is very errored territory ... it displays no punitive purpose whatsoever and cannot be said to involve some sort of sham," he said. "We would say ... it's obviously open to a legislative body to form a view that a member committed by a jury of serious sex offence should be expelled to in order to protect the mutual trust and confidence of its members, and also the confidence of the community in the ability of the assembly to discharge its high constitutional functions." NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was "an unconscionable situation". Opposition Leader Mark Speakman repeated calls for Ward to resign after the legal action prevented a parliamentary vote to expel him.
