EXCLUSIVE: Some NT Police officers who were forcibly retired for refusing to get a COVID-19 vaccination have been reinstated after a huge legal victory against the top brass that the police union has inexplicably kept quiet, the NT Independent can reveal.

On January 7, an officer, whose name has been suppressed by the Supreme Court, took action against Police Commissioner Jamie Chalker, fighting his forced retirement on medical grounds that Mr Chalker said proved the officer was unable to carry out his duties.

While that case is understood to be unrelated to COVID-19, the heart of the matter was that NT Police tried to force the officer to retire before their appeal was heard – which contravenes the Police Administration Act and is the same grounds Mr Chalker has used to stand down officers who refused to be vaccinated.

In a notice to members on January 14, the NTPA said it had lodged an application in the Supreme Court against what it called “unlawful action” by the department on behalf of one member who was ordered to retire under section 89 (d) of the Act.

The notice went on to say the court action did not proceed because the NT Police executive backflipped, revoking the forced retirement.

“The decision affects several other members who have recently been subject to similar action whilst their appeals are pending before the Inability Appeal Board,” the notice said.

At the time, NTPA president Paul McCue would not provide details on the case to the NT Independent, saying only that it was a health matter and private, but ultimately stated that “this particular matter” was not COVID-19 vaccine related.

In a statement to the NT Independent in January, Mr McCue said the decision affected six other officers.

However, multiple police sources have since told the NT Independent that what Mr McCue did not include in his statement – nor tell his members or the public – was the six other officers were being forcibly retired without appeal for not receiving the COVID-19 vaccine.

The officers still face being forcibly retired after their appeal is considered, however the legal victory will mean they will have their appeal considered before being stood down by the commissioner.

The number of officers who were forcibly retired over their anti-vaccination stance is unclear, nor is it clear how many fought the action, with the NT Police and the NTPA refusing to provide those figures.

An unknown number of other officers also resigned instead of being forcibly retired, which several sources said could prevent them working as police officers in other jurisdictions.

Unusual number of officer ‘retirements’ in police gazette: sources

The NT Independent has seen a list headed ‘retirements’ in the January 6 NT Police Gazette, which has the names of nine officers, all with police registration numbers which sources say indicated they were not of average retirement age.

In the same Gazette, there was a second separate list also headed ‘retirements’ which had one sergeant who had a registration number indicating he was close to average retirement age.

Former NT Police officer Carey Joy said he understood all nine officers on the list were forcibly retired by the NT Police for refusing the COVID-19 vaccination but before their internal appeals were heard.

“They won that case as they are entitled to the appeal process before they can be forced to retire,” he said.

“We have a group of officers who the Association should have been looking after, and protecting, yet now they are unemployed and not receiving financial or NTPA support for their recovery,” he said.

Another former officer, Leith Phillips, a long-serving sergeant who resigned in part over the NT Police’s role in dealing with COVID-19 and the vaccine mandate, also said he recognised some officers on the Gazette list who were forced out because they would not be vaccinated.

“This behaviour by the police senior executive reinforces the fact they do not know what they are doing,” he said.

“Surely if you were forcing someone into medical retirement you would get the process right. And secondly, how can the executive in all good conscience forcibly retire someone on medical grounds when the only reason is they have not taken an injection.

“It beggars belief to coin a phrase favoured by a local Alice Springs court senior counsel.”

Another police source said they personally recognised five of the names on the list as having refused the vaccine.

The retirement dates for seven of the officers on the list was December 17, one was retired on January 1, and one on January 3.

Several police sources said they had never seen so many retirements in the one Gazette.

Mr McCue did not respond to the NT Independent’s questions about why he did not make public such a significant victory for members, or that officers who had been forcibly retired over the vaccine mandate had to be reinstated by NT Police.

Mr Chalker, Police Minister Nicole Manison and Mr McCue did not respond to the question of whether Mr McCue had been given instruction by the commissioner or the minister to not make the victory public.

Mr McCue also did not say if he was worried about upsetting the commissioner or minister if he publicly spruiked the victory.