Anti-discrimination laws in the Northern Territory are set to be substantially changed for the first time in three decades.
A bill to amend the Northern Territory's Anti-Discrimination Act is due to return to parliament from today, with the government seeking to expand the list of categories protected under legislation and limit religious institutions' ability to discriminate in their hiring decisions.
While the proposed amendments are backed by members of the LGBT community, some religious groups believe they go too far and could even lead to "reverse discrimination".
So what exactly could change? Who supports and opposes the bill? And how do the proposed laws compare nationally?
What is expected to change?
The most contentious change is the removal of a clause that allows religious groups to discriminate against a person based on their religious beliefs or sexuality.
The bill includes a provision making it illegal to do something "reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or group of people" because of a personal attribute.
It also adds more "protected attributes" — characteristics for which someone could be discriminated against — to the act. These include:
- language, including non-verbal language;
- gender;
- sexual orientation (currently referred to in the act as 'sexuality');
- sexual characteristics;
- accommodation status;
- socio-economic disadvantage;
- employment as a sex worker, including past sex work;
- carer responsibilities (currently referred to as 'parenthood');
- victims of domestic violence.
Individuals and organisations would have a "positive duty" to "prevent and eliminate discrimination, sexual harassment and victimisation to the greatest extent possible".
The proposed legislation also includes protection from discrimination for those providing goods and services — not only people receiving them. This would, for example, give taxi drivers the same protection as passengers.
Finally, the reforms would broaden the definition of an assistance animal and increase the number of approved training organisations and accreditation bodies.
What are the criticisms?
The proposed bill is facing strong opposition from faith-based groups and schools, including the Catholic Diocese of Darwin, the Australian Christian Lobby and Christian Schools NT, as well as the Country Liberal Party (CLP) opposition.
At a rally against the bill on the weekend, Christian Schools NT chief executive Phoebe Van Bentum said the changes would "completely remove the protections for religious schools to employ people of the same belief".
Charles Gauci, the Catholic Bishop of Darwin, called the changes "completely contrary" to Australia's long-standing tradition for religious organisations to "operate schools in their own ethos and religious principles".
CLP deputy leader Gerard Maley said on Monday that the opposition supports some parts of the bill, including "sensible protections to certain vulnerable groups" that would ensure more Territorians were treated fairly.
But he criticised other elements of the proposed legislation as "oppressive restrictions on free speech and an attack of freedom on religion".
Who supports the new legislation?
While religious groups have expressed their concerns, the proposed reforms are being praised by the territory's LGBT community.
Top End Pride Committee member Paige Horrigan said they would provide a more inclusive learning environment within religious schools.
"It's going to greatly impact the community and provide more opportunities for LGBTQ+ people in the education system, that in the religious education system … haven't previously existed, which is going to be really great to see and create a lot more acceptance of the LGBTQ+ community," they said.
NT Anti-Discrimination Commissioner Sally Sievers has also praised the bill for addressing gaps in the current system, especially in the areas of discrimination on the basis of race, disability or domestic and family violence.
How do the reforms compare to other states and territories?
The territory government has said the changes will modernise the current legislation and bring it in line with community expectations.
But opponents argue the government is going a step further, by seeking to remove an exemption for faith-based schools still in force in every other jurisdiction in the country.
Under Section 37A of the current act, religious schools may exclude job applicants on the basis of their religious belief, activity or sexuality if they do so in good faith to avoid offending the sensitivities of people in their particular religion.
Critics say they are concerned this will prevent religious schools from preferencing people of the same religion for teaching and executive jobs.
"No other jurisdiction has proposed or enacted laws as strict as this present law is enacting," Bishop Gauci said, warning that the reforms could lead to "reverse discrimination".
NT Attorney-General Chansey Paech said removing the exemption would not prevent religious organisations "from delivering faith-based elements within the school" and that an existing clause — that will remain in the legislation — will allow them to make some hiring decisions along religious lines.
"The bill only removes the ability of faith-based schools to discriminate against a staff member or job applicant on the basis of the staff member or applicant's sexuality, or their religious beliefs or activities," he said.
"Schools can still preference people of the same faith where it is a genuine occupational qualification, [and] they can still expect staff to support the school's values without needing to require a person to be of the same faith."
Mr Paech said principals, deputy principals, chaplains and religious education teachers at religious schools were all roles where faith was an "occupational requirement".
What are the next steps?
After being introduced to parliament last month, the bill will be debated today and is likely to pass in coming weeks.
So far the government is holding firm on pushing through the amendments in their current form — and has the numbers to do so.
But opponents want changes made before the bill is passed and have committed to putting pressure on the government.
Religious groups have also warned of a possible voter backlash if the changes are legislated, with Bishop Gauci noting thousands of Territorians attend church.
The Bishop has even said he will "seriously consider closing" Catholic schools in the territory if the legislation goes ahead.
As for the opposition, CLP leader Lia Finocchiaro has pledged to repeal the changes if her party is elected in 2024.
They are calling for the bill's passage to be delayed until the Australian Law Reform Commission completes its review of the proposed federal anti-discrimination laws, after the previous Morrison government failed to pass its own reforms in February this year.
But Mr Paech said the territory could not wait for the Commonwealth review, and said he did not foresee an issue because the territory's laws work concurrently with federal legislation.
