03/06/2025

The circumstances surrounding the death of Warlpiri man Kumanjayi White in Mparntwe / Alice Springs must be independently investigated, says the Australian Lawyers Alliance (ALA). The investigation must include the failure of the Northern Territory Government’s duty of care owed to this man.

“This investigation should scrutinise the police conduct but should also extend to the Northern Territory Government who had a duty of care for this man,” said Mr Greg Barns SC, national criminal justice spokesperson, ALA.

“We understand that Kumanjayi White was living with a disability, on the NDIS and under state care. In these circumstances, the state owed a duty of care to him.”

The duty of care the state owes to those in its care is clear. The NT Government's duty to this man, meant it had a legal obligation to avoid acts or omissions that could foreseeably lead to harm to him. This means it had a responsibility to take reasonable steps to prevent harm, particularly when there was a foreseeable risk.

“It is evident that in this case the NT Government, not just the police, must be investigated independently to ascertain whether it failed in its duty of care to this man,” said Mr Barns SC.

“The investigation into this death needs independent oversight. Unfortunately, police cannot be trusted to investigate their own, particularly in a small jurisdiction, and neither can the NT Government be trusted to investigate its duty of care failure. An independent investigation will ensure transparency and fairness for all involved, including the police.”