Background
The NT Greens oppose the harmful changes to the Anti-Discrimination Act passed by the Finocchiarro CLP government. The reforms make three key changes:
- Changes section 20A. The current law says it is unlawful to 'offend, insult, humiliate or intimidate' a person based on an attribute. This makes conduct unlawful based on the potential to cause harm. The proposed law would only make conduct unlawful if it 'incites hatred, serious contempt or severe ridicule.'
- Introducing Section 35B, which allows religious education institutions the ability to lawfully refuse to hire, or impose behavioural rules on staff on the basis of religious beliefs. This exemption can be used if the institution publishes in writing a policy outlining their religious beliefs and how it impacts their employment processes and workplace conduct rules.
- Amending the complaints process so that the Commissioner is no longer required to evaluate complaints before they are brought to the tribunal.
These amendments go against the recommendations of the NT Anti-Discrimination Commissioner and fail to implement the recommendations of the Australian Law Reform Commission.
The Greens opposed these amendments, alongside the Labor Party and the crossbench. We will always stand against discrimination in all its forms.
As stated by Kat McNamara MLA, Member for Nightcliff
"Over the past year we have repeatedly heard that the CLP will put the rights of victims over the rights of offenders. But in this instance they're putting the right for some in our community to engage in discrimination above the rights of others in our community to be safe from discrimination."
"Vilification laws are essential because they are preventative - they help to prevent more serious discrimination and violence that are enabled by casual discrimination."
"In a time when sexism, racism, homophobia and transphobia are on the rise, we need to stamp out any form of discrimination in its early stages to prevent it becoming more serious."
"The CLP wants the freedom to crack homophobic jokes and use slurs without anyone being allowed to take offense. But under this same bill, they're saying that religious institutions can refuse to employ a gay person - not because they're unqualified, not because they can't do the job - but simply because their existence might offend someone's religious sensibilities."
"The watering down of our anti-discrimination laws is another stunt, just like the transphobic commentary from the Chief Minister earlier this week, to distract the public from the real issues facing the Northern Territory - like housing, climate, cost of living, community safety, and closing the gap."
