Northern Territory Government Under Pressure Over Proposed Anti-Discrimination Rollback

The Northern Territory Government is under mounting pressure to abandon proposed changes to the Anti-Discrimination Act 1992 (ADA) that advocates say would leave vulnerable communities exposed to hate speech and workplace discrimination, making the NT the only jurisdiction in Australia without protections against vilification.

A joint letter, signed by 28 organisations including Equality Australia, Top End Pride, Anglicare NT, the Independent Education Union, and the Australian Services Union, has been sent to Chief Minister Eva Lawler urging the Government to retain the ADA protections passed in 2023.

“Your government’s planned changes to the ADA would send us backwards, stripping vulnerable Territorians of protections and wilfully exposing them to hate speech and discrimination,” the letter states.

“Every Territorian deserves to live, study and work with dignity and respect.”

Northern Territory residents could lose protections against vilification

The Country Liberal Party (CLP) has flagged its intention to repeal Section 20A, which protects against vilification, and to reinstate Section 37A, an exemption allowing religious schools to discriminate against staff based on sexuality, marital status or gender identity.

If these amendments proceed, the NT will become the only place in Australia without legal protection from vilification.

This would remove safeguards currently in place for women, LGBTQIA+ people, single parents, and other marginalised communities.

“Section 20A ensures Territorians are protected from the public incitement of hatred,” the letter reads. “Vilification laws like 20A are preventative – they stop hatred early, before it escalates into more serious, violent conduct.”

Equality Australia’s Legal Director, Heather Corkhill, warned of the broader implications, “Every Territorian should be able to walk down the street without the threat of being harassed or abused, and no staff member should ever fear losing their job because of the family they go home to at the end of the day.”

“At a time when hate is rising across the country and many communities are feeling unsafe, the Northern Territory should be strengthening protections – not taking them away.”

Community leaders expressed deep concern over the cultural and social consequences of the rollback.

Top End Pride Chairperson, Nina Rose Pardo, described the changes as a betrayal of decades of progress:

“The NT Government’s proposed reforms increase the risk to women, LGBTQIASB+ people, single parents and other minority communities of being victims of vilification and hate in public, and discrimination in educational institutions.”

“This year we celebrate 40 years of Darwin Pride and in doing so platform the rich contributions our community has made to the Territory. It is with great disappointment that instead of partnering with the government, we are required to call on the government to protect and support the LGBTIQASB+ community.”

The 2023 reforms were widely seen as a long-overdue modernisation of the ADA, bringing the Territory in line with other states and territories. The changes followed extensive public consultation and expert advice. Under the current Act, religious schools must adhere to the same employment standards as any other workplace, while still being able to set genuine occupational requirements to maintain a faith-based environment.

Critics argue that reintroducing exemptions goes far beyond maintaining a community of faith and instead gives schools a legal licence to discriminate.

“School staff and students shouldn’t suffer discrimination due to their personal lives. Such treatment would be unlawful in every other industry,” said Independent Education Union Federal Secretary Brad Hayes.

“Faith-based school employers simply don’t need these exemptions. They have shown their capacity to prosper and build communities of faith without a special right to discriminate.”

Community and legal organisations are also sounding the alarm over the risks of weakening vilification laws, particularly given the rise in hate speech across Australia in recent years.

Sally Sievers, CEO of the Northern Territory Council of Social Service (NTCOSS), highlighted the consequences of exclusionary laws for regional employment:

“Finding workforce in the Territory is hard enough – why would we reintroduce legislation that could restrict the pool of workers even further?”

The coalition of signatories is calling on the NT Government to meet with communities directly impacted by the changes, and to commit to a comprehensive consultation process before rolling back any protections.

“All Territorians should be able to live free from hate speech and discrimination, regardless of who they love or where they come from,” the letter concludes.

The full list of signatories is below.

1. Anglicare NT
2. Amnesty International Australia
3. Australian Association of Social Workers NT Branch
4. Australian Services Union SA & NT Branch
5. Australian Lawyers for Human Rights
6. Darwin Community Legal Service
7. Dowson Turco Lawyers
8. Fair Agenda
9. Equality Australia
10. GLADD – The Association of LGBTQIA+ Drs and Dentists Australia
11. Human Rights Law Centre
12. Independent Education Union of Australia (IEU)
13. Rainbow Families
14. Rainbow Catholics Interagency Australia
15. Trans Justice Project
16. Justice Equity Centre
17. Mable
18. Milkwood Steiner School
19. Melaleuca Australia
20. National Union of Students
21. Northern Territory Council of Social Service (NTCOSS)
22. NT Mental Health Coalition
23. Ruby Gaea Darwin Centre Against Sexual Violence
24. Saltwater Radio
25. Sweet Story Theatre Co
26. Top End Pride
27. Twenty10
28. United Workers Union