‘Nobody is really happy with it’: Anti-Discrimination amendments passed into law
Northern Territory's new anti-discrimination laws have left both religious and LGBTQ+ groups unhappy, as the government claims to strike a 'sensible middle ground'.
The Northern Territory government says its anti-discrimination reforms deliver a win for freedom of speech and religion in the “sensible middle ground”, as groups on both sides of the debate are left unhappy with the change.
The anti-discrimination Bill passed through parliament late on Thursday without amendments after being pulled from debate at the 11th hour last month for further consultation.
It winds back changes introduced under Labor in 2022, reinstating the right for religious schools to preference staff of the same faith.
A section of the Act that prohibited public conduct to “offend, insult, humiliate or intimidate” someone based on personal attributes was also removed, and replaced by conduct that incites “hatred, serious contempt, or severe ridicule”.
Opposition Leader Selena Uibo accused the CLP government of bowing to pressure from religious groups.
“The government has flip-flopped when it comes to the Anti-Discrimination Amendment Bill,” she said.
“There was very high expectations from certain lobby groups about changes … They (the CLP) are talking and making promises, and then realising that laws that impact all Territorians will not go down well, and changing their minds.
“This is what happens when you don’t have a plan for the Territory.”
Labor, the Greens, crossbenchers and advocacy group Top End Pride held a joint media event on Thursday opposing the Bill.
Top End Pride vice chair Bhushan Joshi said the 2022 laws had proven to work – strengthening protections for vulnerable Territorians without leading to an increase in complaints to the Anti-Discrimination Commission.
“I don’t know why we’re here, this makes no sense to me at all,” Dr Joshi said.
He said Top End Pride was “very concerned” about the new, higher bar for discrimination allowing for more public displays of hatred towards minority groups.
Unions NT warned the reform undermined workers rights, allowing religious organisations to discriminate against queer and transgender staff on the basis of gender or sexual orientation.
“We have always been a place that welcomes diversity and inclusion, these changes only serve to fracture and scare Territorians,” Unions NT president Cath Hatcher said.
Meanwhile the Australian Christian Lobby was also left unhappy, arguing the Bill did not go far enough to protect faith-based schools or freedom of religion.
“Instead of reversing and restoring protections that were taken, the CLP has provided a new solution, and nobody is really happy with it,” ACL NT director Nicholas Lay said.
“I don’t believe the CLP can say with confidence that they have fulfilled their election commitment.”
Attorney-General Marie-Clare Boothby said the amendments delivered “a sensible middle ground”.
“It keeps strong protections against discrimination and hate speech while ensuring people can still speak freely and schools can operate in line with their values,” she said.
She said changing from a ‘harm model’ to an ‘incitement model’ brought the Territory closer in line with other Australian jurisdictions, and provided a better balance between freedom of speech and the right to non-discrimination and equality.
“Labor tied the hands of Territorians and blurred the lines between genuine discrimination and simply expressing an opinion – we’ve changed that.”
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Originally published as ‘Nobody is really happy with it’: Anti-Discrimination amendments passed into law
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