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Northern Territory's Anti-Discrimination Law Amendments Passed, Adjust…

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Northern Territory's Anti-Discrimination Law Amendments Passed, Adjusting Free Speech Provisions
Photo by Simon Maisch on Unsplash
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Amendments to the Northern Territory's anti-discrimination laws, proposed by the Country Liberal Party (CLP) government, have successfully passed through parliament. The changes, which the government asserts will "restore" freedom of speech and religion, come ahead of the territory's elections scheduled for August 2024.

The CLP, which regained power in a significant victory from opposition, pledged to revise the NT's Anti-Discrimination Act following amendments made by the previous Labor government in 2022. Those earlier changes had strengthened provisions against vilification, which the CLP argued undermined the territory's "larrikin culture." The new government initially intended to eliminate a provision that prohibited conduct likely to "offend, insult, humiliate or intimidate" individuals based on protected attributes in public. However, they later decided to revise the language instead of removing it entirely.

In the modifications that were approved by parliament on Thursday evening, the government replaced the terms "offend, insult, humiliate or intimidate" with "incite hatred towards, serious contempt for or severe ridicule of." Attorney-General Marie-Clare Boothby defended the amendments during the parliamentary debate, stating they aim to restore "freedom of speech, especially for individuals and religious communities," while also clarifying that the changes do not condone hate speech.

The amendments have drawn criticism from NT Anti-Discrimination Commissioner Jeswynn Yogaratnam, who contends that the changes do not genuinely reflect a commitment to freedom of speech or religion. He expressed concern that the revisions prioritize the interests of already powerful groups rather than protecting vulnerable and marginalized communities. Yogaratnam acknowledged that the vilification section of the Act was preserved, albeit in a diminished form, which he deemed a partial victory.

Additionally, the amendments introduce a new provision allowing religious educational institutions to discriminate by favoring employees who share their religious beliefs. Prior to the reintroduction of the bill in parliament, it was temporarily withdrawn to facilitate further discussions with religious organizations. Some Christian groups had advocated for additional changes that would enable schools to take disciplinary action against staff whose conduct conflicted with their religious values, but these proposals were not included in the final amendments.

Nick Lay, director of the Australian Christian Lobby NT, criticized the government for missing an opportunity to enhance legal protections for faith-based schools. He indicated that the final outcome is "less than ideal," suggesting that the Northern Territory may remain a challenging environment for faith-based educational institutions.

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