The amendments to the Anti-Discrimination Act are due for introduction in the NT Parliament in July. Photo: Northern Territory Government.
The CLP Government in the Northern Territory is making good on an election promise to reform the Anti-Discrimination Act 1992, with a stated intention of restoring fairness, freedoms and the “unique Territory lifestyle”.
A statement from the CLP regarding the reform said changes made by Labor in 2022 “blurred the line” between genuine discrimination and the expression of opinion, which the CLP claims eroded the freedom of speech and religion of Territorians.
“We are restoring balance to our anti-discrimination laws to protect Territorians from real harm and discrimination while ensuring our laws don’t overreach into everyday conversations, religious freedoms, or the basic right to express an opinion,” Attorney-General Marie-Clare Boothby said.
“That’s what Territorians expect, and that’s exactly what we’re delivering as part of our year of action, certainty and security.
“Whether you’re a person of faith, from a multicultural background, or down the pub with your mates, you shouldn’t have to worry someone will take legal action just because they found something offensive and drag you through a complaints process.”
Reforms to the act include:
- Prohibiting conduct that “incites hatred, serious contempt or severe ridicule” based on personal attributes such as sexuality, race, gender identity, religion and more.
- The removal of “unclear” terms used by the previous Labor government, such as “offend” and “insult”, and the inclusion of clearer standards that focus on “real harm” consistent with frameworks in other Australian jurisdictions.
- Restoring protections for religious schools, allowing them to prioritise hiring staff who share their beliefs, faith and values.
The government said consultation on the changes had included stakeholder groups such as the Anti-Discrimination Commission, churches, religious schools, health organisations and LGBTQ groups.
Protections already in the act, such as those enforced by the Anti-Discrimination Commission, will remain in operation alongside national frameworks such as Safe Work Australia and the Fair Work Commission.
“We are making it clear that we do not tolerate hate speech or vilification, and these changes will not open the door to discrimination,” Ms Boothby said.
“In fact, by replacing Labor’s vague language with stronger and clearer protections against inciting hatred or contempt, we are creating a fairer and more workable law.”
The amendments are set to be introduced to the Northern Territory’s Parliament in July and debate is scheduled before the end of the year.
