Religious school freedoms on the chopping block as NT government pursues anti-discrimination law overhaul

Religious schools in the Territory are set to lose a range of freedoms as an overhaul of anti-discrimination laws nears. Here’s how the laws will change.

A major shake-up to the Territory’s anti-discrimination laws is expected to pass this month.

The Labor government is set to remove the freedoms of religious schools to hire employees based on their faith, sexuality or other religious activity.

The repeal is expected to pass during the next parliament sittings on November 22-24.

It comes after the government released a draft of amendments to the Anti-Discrimination Act 1992 for public consultation in October, which provided the right for religious educational institutions to make a decision based on these grounds under amendments to section 37A.

An NT government spokeswoman said there had been “diverse views” expressed on the laws for many years.

NT parliament next sits from November 22 to 24. Picture: Justin Kennedy

“Requests to repeal section 37A were made in 2017-18 and at that time the feedback weighed towards amending rather than repealing section 37A,” the spokeswoman said.

“The exposure draft Bill therefore proposed an amendment to section 37A which was believed to represent a middle ground position of the diverse views expressed during 2017-18 on section 37A.

“The feedback on the exposure draft Bill however indicated a shift in community views towards removing section 37A and the Bill introduced reflects this.”

The spokeswoman said the changes would mean religious school employees, both potential and existing, would have the same rights as all other Territory employees in regards to their faith and religious activities.

Both the introduced Bill and the exposure draft also repeal the right of schools to choose students on the basis of religious beliefs or activities.

A string of stakeholders, as well as the CLP, have hit out at the proposed changes, while others have welcomed it.

Dr Danial Kelly, a Top End lawyer and former Charles Darwin University law lecturer, said the changes would “probably spell the end of Christian schools in the NT.”

“The proposed legislation will empower the Commission to prevent Christians from being Christians, (Muslims) from being (Muslims), Jews from being Jews, Hindus from being Hindus and Buddhists from being Buddhists,” Dr Kelly said.

“This a direct assault on people of faith.

“It is an unwarranted government intrusion into religious affairs and is the hallmark of totalitarianism.”

Australian Christian Lobby NT political director Christopher Brohier said the amended Bill will undermine parent rights. Picture: Nikki Davis-Jones

Australian Christian Lobby NT political director Christopher Brohier is also calling for the amendments to be rejected.

“This Bill is a direct attack on parents who chose to send their children to faith based schools and on all Territorians who wish to exercise their faith in accordance with their religious convictions,” Mr Brohier said.

However advocacy group Rainbow Territory, which has been campaigning for the removal of section 37A for years, has welcomed the proposed changes.

For years Top End residents have been campaigning against the Anti-Discrimination Act's section 37A, which allows religious schools to discriminate against employees on the basis of faith. Picture: Rainbow Territory

“The amendments provide LGBTQI Territorians with new protections from vilification in the community, and from discrimination at work by narrowing religious exemptions and putting a positive duty on employers to prevent and eliminate discrimination, sexual harassment and victimisation,” Rainbow Territory member Dr Ahmad Syahir Mohd Soffi said.

Opposition deputy leader Gerard Maley said the changes would effectively force the faith out of faith-based schools.

“Schools are not wanting to actively discriminate – they just want to give priority to people of the faith – and this Bill removes that right,” Mr Maley said.

“If this law is so good for the community, the government should have the guts to be upfront with the people it hurts the most.”

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Originally published as Religious school freedoms on the chopping block as NT government pursues anti-discrimination law overhaul