The Finocchiaro CLP Government is delivering on its election promise to restore fairness, freedoms, and our unique Territory lifestyle by making important reforms to the Anti-Discrimination Act 1992 (the Act).
In 2022, Labor made changes to the Act that blurred the line between genuine discrimination and the simple expression of opinion, eroding Territorian's freedoms of speech and religion.
Attorney-General Marie-Clare Boothby said the reforms will ensure Territorians are treated equally, regardless of race, religion, gender or background, while also protecting the freedoms that underpin the Territory's diverse lifestyle.
"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.
"That's what Territorians expect, and that's exactly what we're delivering as part of our year of action, certainty and security.
"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 reforms will:
· Remove unclear, vague terms introduced by Labor, such as 'offend' and 'insult' and replace them with clearer standard that focuses on real harm - consistent with frameworks already in place elsewhere in Australia.
· Prohibit conduct that 'incites hatred, serious contempt or severe ridicule' based on personal attributes such as race, sexuality, gender identity, religion and more, ensuring freedom of speech is protected while preventing genuine hate speech.
· Restore protections for religious schools, allowing them to prioritise hiring staff who share their religious beliefs, faith, and values, without fear of discrimination.
The Attorney-General has consulted widely on these changes, including with the Anti-Discrimination Commission, LGBTQI+ groups, health organisations, churches, and religious schools, and adjusted the Bill in response to their feedback.
The Anti-Discrimination Commissioner has also provided input, including recommendations that have helped shape the final reforms.
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 are making it clear that we do not tolerate hate speech or vilification, and these changes will not open the door to discrimination," said Ms Boothby.
"In fact, by replacing Labor's vague language with stronger and clearer protections against inciting hatred or contempt, we are creating a fairer and more workable law."
The amendments will be introduced in NT Parliament in July, with debate to occur before the end of 2025.
