National peak organisations voice serious concerns that the Northern Territory Anti-Discrimination Amendment Bill dilutes existing protections.
Last week, the Northern Territory Attorney-General, Marie-Clare Boothby, introduced an Anti-Discrimination Amendment Bill into Parliament.
This amendment reinstates exceptions for religious schools amended in 2023.
But if passed, its effects could go further.
With the legislation weakening hate speech protections and opening the door to discrimination.
The national federation for Australia’s leading HIV and LGBTIQA+ organisations has raised concerns about the amendment.
Saying the Northern Territory is at risk of losing world-leading anti-discrimination and anti-vilification protections.
They released a joint statement with the National Association of People Living with HIV, the Scarlett Alliance and the Northern Territory AIDS and Hepatitis Council.
Saying that if the current Bill before the NT Parliament is passed, it will remove some of the legal protections contained in the Anti-Discrimination Act.
“We are concerned that the bill is incompatible with the government’s stated intention to preserve the rights and freedoms of marginalised populations,” NTAHC Executive Director Genevieve Dally said.
“And we are keen to meet with them further, to continue to discuss these commitments and potential improvements.”
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The rights of NT residents will be diluted.
In 2023, the Northern Territory provided explicit anti-discrimination and anti-vilification protections.
This included sex workers and people living with HIV and hepatitis.
These laws also protected employees, including teachers, within faith-based schools and organisations from being discriminated against.
The tabled amendments could water down protections for all workers within faith-based educational institutions.
“The current laws are reasonable, proportionate and necessary to combat stigma and discrimination,” said Leanne Melling, SWOP NT Coordinator, NTAHC.
“These rights help all Territorians participate freely in society, and they need to remain.”
The peak local and national community organisations say that since the current legal position strikes the right balance, there is an increasing risk of vilification and discrimination.
“At NTAHC, we know how vital strong anti-discrimination laws are for the health, safety, and dignity of the communities we work with,” Dally added.
“Especially LGBTQIA+ people, people with HIV and hepatitis, sex workers, and others who often face systemic discrimination.”
“The Northern Territory’s Anti-Discrimination Act is one of the most progressive in the world, and it plays a critical role in protecting the rights of Territorians.
“The introduced Bill to amend the Act will put all Territorians at risk.
“We must keep this legislation strong to ensure every Territorian can live free from stigma, harm, and discrimination.”
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Amendments must be put on hold.
Now that the Bill has been published, the organisations are calling on the Attorney General to refer the Anti-Discrimination Amendment Bill 2025 to the Legislative Scrutiny Committee.
Enabling a meaningful consultation so that the impacts on our communities can be properly understood and addressed.
Mish Pony, Chief Executive Officer of Scarlet Alliance, the Australian Sex Workers Association, called for the proper due diligence to be conducted.
“These amendments to the Anti-Discrimination Act 1992 must be put on hold,” she said.
“So that proper due diligence can be conducted, with impacted communities being heard.”
“Reducing stigma and discrimination against our communities is part of Australia’s National HIV and STI strategies.
“And these protections are a key part of achieving that.”
In April, community representatives from NTAHC and national peak organisations met with the Attorney-General to discuss the potential impacts of any changes to the laws.
“We thank Attorney General Boothby for meeting with us and other concerned community organisations earlier this year.”James Gray, Acting Chief Executive Officer of Health Equity Matters, said.
“We call for the process to be paused.”
“To allow more time to consider the impacts of the proposal and to consult the community.
“The referral of the Bill to the scrutiny committee will help achieve the best outcome for all Territorians.”
NTAHC HIV Advocate and Care & Support Coordinator, Mark Halton, reflected on 40 years of tireless advocacy, community support, and progress.
“The reforms passed by NT Labor in 2022 stand as a landmark achievement in the fight against discrimination,” he said.
“For the first time, sex workers and people living with HIV and/or hepatitis are formally recognised in anti-discrimination law as protected attributes.
“A powerful acknowledgment of their dignity, rights, and humanity.”
This Bill goes beyond the classroom.
“These reforms not only provide vital legal avenues for redress,”Halton said.
“But also send a clear and unequivocal message.”
“Discrimination and vilification against people living with HIV, hepatitis, and those with experience in sex work,
“Past or present — are unacceptable in our society.
“After four decades of struggle and progress,
“We must hold onto these hard-won reforms,
“And ensure they remain a foundation for justice, equality, and compassion in the Northern Territory.“
The focus on the Country Liberal Party Government’s Bill has been on protecting religious schools, but it goes beyond the classroom.
Aaron Cogle, Executive Director of the National Association of People with HIV Australia, raised how these changes could affect people living with HIV.
Renewing calls for the Attorney-General Boothby to meet with the organisation.
“Over the course of the epidemic, People with HIV have experienced terrible HIV related stigma,” he said.
“That detrimentally impacts their quality of life.”
“A meaningful opportunity to hear from this community on the proposed changes to anti-discrimination law in the NT will help ensure that freedom of expression is correctly balanced,
“With the inalienable right of all Territorians to live free from discrimination.”
Attorney-General Marie Clare Boothby spoke with ABC Radio Darwin’s Adam Steer last week.
Saying this Bill will clarify the ability for faith-based schools to prioritise staff who uphold their religious values.
“Otherwise, it is discrimination against faith,” she said.
Steer pointed out that there are no examples of situations where this had occurred under the 2023 Anti-Discrimination Act.
Boothby stated that the fear of litigation is “a cloud that hangs over schools.”
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