The Territory Government is set to pass Anti-Discrimination Act reforms, sparking speech fears
The Top End’s looming anti-discrimination law changes are stirring concerns about ‘freedom of speech’. Have your say in our exclusive reader poll.
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Contentious upcoming changes to anti-discrimination laws are continuing to fire up Territorians, just days from the next parliament sittings.
Reforms around offending people and making representative complaints of discrimination are likely to pass by the majority Labor government by the end of November.
The changes would see a “vilification provision” created, ruling a person must not do an act that is reasonably likely to offend, insult, humiliate or intimidate someone or a group.
For the vilification to be unlawful, it must be done because of an “attribute” of that person or group, and be done in public or communicated publicly.
It comes alongside a removal of freedoms for religious schools to hire staff and choose students based on their faith, beliefs and religious activities.
The provision is not a criminal offence, but the reformed Act would set up a process for complaints to be lodged with the Commissioner.
Those complaints could also be made by an organisation or body on behalf of more than one individual, if “systemic discrimination” is being alleged.
Representative complaints would not need to identify the people being allegedly impacted, or even need their consent.
Charles Gauci, Catholic Bishop for Darwin and the NT, said there was “a great deal of uncertainty” around the laws.
“What is reasonably likely to offend or insult one person may not be reasonably likely to offend or insult another,” he said.
“It is a reality of life that people will be ‘offended’ by the conduct or behaviours of others. “This can happen many times in any given day to any given person.
“It is a terrible case of ‘overreach’ that this is now proposed to be labelled ‘discrimination’ against the offended or insulted person or group.
“There is simply no mechanism in the Act to resolve how complaints of discrimination going back and forth should be managed.”
The proposed amendment, under section 20a, provides exemptions for anything “said or done reasonably in good faith.”
It goes on to state this would relate to artistic, academic and scientific work, as well as fair and accurate reporting of an event.
Opposition deputy leader Gerard Maley said Labor’s anti-discrimination Bill would have a huge impact on every single Territorian.
“Under these changes, telling a joke in the pub could see you hauled up before the Anti-Discrimination Commission because the joke could offend someone,” Mr Maley said.
“Anyone hearing, or overhearing, the joke could lodge a complaint because it could offend a person or a group of people.
“In parliament, some of the terms Labor said were offensive include incompetent, low capacity, useless, disgrace, pathetic, coward and even a slow hand clap.”
However Attorney-General Chansey Paech told Katie Woolf on Mix 104.9 the amendments brought the Territory in line with other Australian states.
“The Northern Territory is the only jurisdiction without any type of vilification provision in effect,” Mr Paech said.
“This is about modernising and contemporising the anti-discrimination legislation because it hasn’t been touched significantly in 30 years.
“It’s been done in all other Australian jurisdictions and the sky certainly hasn’t fallen in.
“We need to reflect the Territory that is about promoting equality and equity across the Territory.”
However one NT News reader, Suzie, says the changes will result in a “slew” of legal cases.
“This will be a boon for lawyers and lobby groups as ‘offence taking’ launches a slew of legal cases,” she said.
“Surely in a democratic society we need thick enough skin to disagree, debate, and at times feel offended.
“I would fully support bans on vilification, intimidation, physical threats, etc, but making the benchmark ‘offence’ is ludicrous.”
The reforms are likely to be passed by the majority Labor government.
Parliament sits from 22-24 November and the week following.
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