Significant changes proposed for the NT Anti-Discrimination Act

Proposed changes to the NT’s Anti-Discrimination Act address the rights of religious institutions to not employ queer people. SEE THE SUGGESTED CHANGES.

CHANGES to the Northern Territory’s Anti-Discrimination Act have been released for public consultation.

The draft calls for feedback from across the community to respectfully discuss 50 new amendments, including the controversial section 37a that currently provides religious institutions the right to not employ queer teachers.

Changes would include removing the grounds of discrimination on sexuality but the draft gives religious institutions the ability to still reject someone on “the grounds of religious belief or activity” or if they believe it interferes with “the application of the doctrine”.

While the NT Anti-Discrimination Act 1992 provides a set of civil laws, which sits side-by-side with by the Commonwealth’s Anti-Discrimination Act.

Traditionally anyone seeking compensation would be forced to take their claim to a federal court, which is an arduous and lengthy process.

The proposed amendments would bring the Territory’s legislation into line with federal law meaning, if passed, Territorians could pursue their claims through the NT’s Civil and Administrative Tribunal system.

Many of the changes modernise parts of the law by renewing definitions for disability, gender, relationship status and sexuality and including amendments to advertising guidelines that now include online spaces.

Complaints to the Territory’s Anti Discrimination Commission reached their highest level in six years, with 371 complaints in the 2020-21 financial year.

There was a 38 per cent jump in the number of complaints compared to the previous year.

In 2020-21 the discrimination watch dog received 115 allegations of disability discrimination, 100 for failure to accommodate a special need, 97 for race discrimination and 59 allegations of sex discrimination.

According to NT Attorney-General, Chansey Paech the proposed reforms will protect Territorians from discrimination and promote equality.

“Our unique demographic means Territorians are vulnerable to inequities based on race, culture, gender and a range of other factors such as sexuality and age; and our mission is to ensure our laws are both reflective of modern values and protective of our diverse community,” Mr Paech said.

“Amendments to the Act will promote a rights-based approach and close the divide for our current and future generations.”

Mr Paech welcomed feedback from various groups and individuals on the proposed changes.

In 2017, the NT government attempted to make amendments but faced widespread backlash from media for strengthening vilification laws.

In response, the Territory public draft replicates section 18c of the Commonwealth Anti-Discrimination Act, commonly referred to as vilification, making it illegal for someone in the NT to offend, insult, humiliate or intimidate another person on the bases of ‘protected attributes’.

However, the NT’s section 20b also provides an exemption for artistic expression, academic or scientific pursuit and fair and accurate reporting.

Australian of the Year NT Leanne Liddle and Attorney-General Chansey Paech. Picture: Glenn Campbell

NT Australian of the Year and lawyer Leanne Liddle famously took South Australian police to federal court for racism.

“The current legislation fails to accommodate for areas of discrimination based on race that impacts on 30 per cent of the population … we can hardly say out loud that we are inclusive,” she said.

“The matters that I have dealt with regarding Anti-Discrimination Commission and my experiences in the NT, has highlighted that we cannot fall behind in amending the Act to ensure that people’s rights are protected.”

Anti-Discrimination Commissioner Sally Sievers said there were further protections for people often silenced, including new “protected attributes” for those experiencing domestic violence or living in various forms of accommodation.

NT Anti-Discrimination Commissioner Sally Sievers.

“The reforms go some way to make the legislation fit for purpose and to enable proactive work of addressing major concerns in the NT including race and disability discrimination, domestic and family violence,” she said.

“To achieve real change the financial capacity of the Anti-Discrimination Commission also needs to be addressed to enable us to educate the NT community on the rights, duties and obligations for all Territorians under the current and reinvigorated Act.”

Equality Australia Legal Director Ghassan Kassisieh said the LGBTIQ+ Territorians looked forward to seeing the removal of “outdated religious exemptions” within education.

“LGBTIQ+ Territorians do not have the luxury of choice if the local religious school discriminates against them or turns them away,” Mr Kassisieh said.

“That’s why carve-outs that allow religious schools to discriminate against LGBTIQ+ people must be removed.

“Everyone should be treated with dignity and respect, no matter where they work, study or access services.

“We look forward to seeing the Northern Territory Government’s proposals for removing these outdated religious exemptions, to ensure that all organisations play by the same rules.”

Rainbow Territory spokesperson Ahmad Syahir Mohd Soffi said while the reforms were welcomed, careful analysis was needed to make sure the legislation met its objective of protecting Territorians from discrimination.

“The Northern Territory can lead the nation by passing laws that protect all of us, equally,” Dr Soffi said.

“This means ensuring that every Territorian has the opportunity to work, study and access the services we need, no matter who we are or whom we love.

“We welcome the Government’s commitment to reforming NT laws to ensure LGBTIQ+ people, including Sistergirls and Brotherboys, are better protected from discrimination.

“We look forward to analysing the Bill once it is available, to ensure that it meets those objectives.”

Originally published as Significant changes proposed for the NT Anti-Discrimination Act