Northern Territory Anti-Discrimination Act reforms revealed
The NT’s Attorney-General said policy reforms, which were labelled as ‘regressive laws’ by activists, would slash ‘vague terms’ and restore protections for religious schools.
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The CLP has released more details on proposed reforms of the Anti-Discrimination Act, saying they are getting rid of “vague terms” and restoring protections for religious schools.
Earlier this year, the Country Liberal Party said it would be walking back the “controversial” vilification laws introduced in 2022 by Labour.
They said the changes made blurred the lines between discrimination and the expression of opinion.
The announcement drew concerns from community groups earlier this year who warned it would send the Territory “backwards” and could “wilfully expose Territorians to hate speech and discrimination”.
However, in a statement released over the weekend, Attorney-General Marie-Clare Boothby said the reforms to the Anti-Discrimination Act 1992 (the Act) would instead create “fairer and more workable law”.
“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 basic right to express an opinion,” said Ms Boothby.
“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.”
The key changes being rolled out will remove “unclear and vague terms” such as “offend” and “insult”.
They will be replaced with “clearer standard that focuses on real harm” which Ms Boothby said reflects other frameworks in place in other Australian states.
They will also restore protections for religious schools allowing them to hire staff who shares their religious beliefs and values “without fear of discrimination”.
Ms Boothby said all these changes will still prohibit conduct that “incites hatred, serious contempt or severe ridicule” based on personal attributes such as race, sexuality, gender identity, religion and more.
The Attorney-General said she had consulted widely with numerous community groups
Existing protections under the Act, including through Anti-Discrimination Commission, will remain in place, alongside national frameworks such as Fair Work Commission and Safe Work Australia.
‘We’ve come a long way but laws are under threat’
The reforms were a central topic during Pride events last week.
For the 40 Years of Darwin Pride March on Saturday, a crowd of more than 1,000 people gathered outside Parliament House chanting that they would not let the government “take away their rights”.
On the opening night at the Botanical Gardens on June 12, NT Anti-Discrimination Commissioner, Jeswynn Yogaratnam, paid tribute to the long legacy of work done in the Northern Territory and the “bold” step the NT took in 2023.
“There are moves to wind them back to resurrect section 37a – the exemptions on religious educational institutions,” he said.
“To erase or water down section 20, years of vilification protections.
“We cannot let that happen.
“We want the NT queer Community from Tiwi Islands, Tennant Creek, Nhulunbuy to Palmerston to know that they are protected, not just in theory, but in law, in life, and more importantly, in love.
“We want to move forward, not back.”
Policy reforms: ‘This is not what people in the Northern Territory want’
Dr Dino Hodge, an Australian historian and activist said many in the LGBTQIA+ community were feeling “anxious and confused”.
Speaking to this masthead, the former Territory academic said this change made many worried hate speech and hateful acts would be legalised again.
“The Rainbow community contributes a lot to Northern Territory society and to the economy,” he said.
“This is not what people in the Northern Territory want,” he said.
Calling the reforms “regressive”, Dr Hodge said the 1992 “intended exclusion” of the queer community from anti-discrimination legislation was driven by a “few extreme people in the CLP”.
“I would like to say to the CLP, listen to the sensible centre in your own party, and do not succumb to a vocal minority who are willing to sacrifice community cohesion and wellbeing to an agenda of fear and division,” he said.
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Originally published as Northern Territory Anti-Discrimination Act reforms revealed