NT Government Announces Comprehensive Review of the Anti-Discrimination Act 1992 (NT)

Tuesday 5 September 2017 @ 10.25 a.m. | Legal Research

The Northern Territory Government has released a Discussion Paper in order to review the Anti-Discrimination Act 1992 (NT) (‘the Act’). The Attorney-General's office has released a paper, Modernisation of the Anti-Discrimination Act ('the Discussion Paper") and will be seeking submissions on how to modernise the Act in order for it to be better applicable to contemporary society, and bring it in line with other jurisdictions.

Proposed Reforms

The Discussion paper has suggested changing the name of the Anti-Discrimination Commission to the Equal Opportunity Commission. Apart from that, the main proposed reforms are:

Modernising provisions related to gender and sexuality in line with the Sex Discrimination Act 1984 (Cth);
Making changes to the law to end discrimination against people of diverse sexualities who wish to access artificial fertilisation treatments;
Introducing new protections such as domestic violence, homelessness, lawful sexual activity and socioeconomic status;
Introducing specific anti-vilification laws which will prohibit offensive conduct on the basis of race, religious beliefs, disability, sexual orientation, gender identity and intersex status;
Introducing a representative complaints model that enables organisations to bring complaints about system discrimination on behalf of groups who may be unable to bring an individual complaint; and
Removing certain exemptions for religious and cultural organisations.

Additionally, the proposed reforms also seek submissions relating to the clarification of certain terms: for example, the meaning of 'work' and 'workers'; parenthood and careers; and clarification of the duty to accommodate special needs. The Discussion Paper also seeks submissions on whether sexual harrassment should continue to be limited by areas of activity, as it is currently contained in Part 4 of the Act.

Government Statement

In a media release Attorney-General Natasha Fyles said:

“Territorians want and deserve to live in safe, vibrant and inclusive communities – and modernising the Territory’s Anti-Discrimination Act is key to delivering that.”

The reviews have been developed in close consultation with the NT Anti-Discrimination Commissioner Sally Sievers. She has encouraged Northern Territorians to take advantage of the submissions process:

“This is an important opportunity for Territorians to have their say, ensuring we have a comprehensive and contemporary Act that promotes equality of opportunity for potentially vulnerable groups in the Territory. The review will look at modernising language in relation to disability, removing out dated language in relation to sexual orientation, use inclusive language around gender diversity and caring for children.”

Opposition Response

Independent MP Gerry Wood questioned the proposed changes, arguing that the Gunner government had an agenda of ‘social engineering’:

“We already see it now that if we don’t believe in a certain way we get called names. Where are we going? Are we allowed to have one view only or are allowed to have different views? This is quite a dramatic review in an area where we are increasingly seeing a collision of people’s fundamental beliefs.”

In response, Attorney-General Fylessaid that she looked forward to Mr Wood’s input during the submission phase.

The Department of the NT Attorney-General and Justice will be accepting comments and submissions on these proposed amendments until 3 December 2017.

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