The Northern Territory union representing teachers say that the reinstatement of religious discrimination exemptions is unnecessary, divisive, and harmful.
Northern Territory Attorney-General Marie-Clare Boothby introduced an Anti-Discrimination Amendment Bill to Parliament yesterday.
The Bill reinstates an exception for religious schools to hire based on faith and removes the word ‘offence’ from vilification protections.
In 2023, the Northern Territory’s Anti-Discrimination Act was brought in line with community expectations.
With the introduction of this Bill, the Country Liberal Party Government is attempting to “repeal vital protections against hate speech.” Equality Australia say.
“Reinstating an exemption that permits discrimination in religious education.”
The Independent Education Union – Queensland and Northern Territory (IEU-QNT) represent teachers and support staff in Northern Territory non-government schools.
They say the reinstatement of religious discrimination exemptions is unnecessary, divisive and harmful.
As faith-based schools have been more than capable of functioning in the absence of these exemptions.
“Indeed, they have done so quite adequately under the legislation which has been in place for the last three years,” IEU-QNT Branch Secretary Terry Burke said.
“Reinstatement of religious discrimination exemptions in the NT does not reflect modern community values and expectations.”
“Especially given that many faith-based organisations receive public funds.
“Employers still have the opportunity at the point of engagement to determine if an employee is suitable for the position advertised.
“That has always been the case.
“The NT government should be looking to build a better and fairer future for Territorians, not take them backwards.”
Source: FacebookDiscrimination against faith?
Attorney-General Marie Clare Boothby spoke with ABC Radio Darwin’s Adam Steer, saying this Bill will clarify the ability for faith-based schools to prioritise staff who uphold their religious values.
“Many Territorian families choose to send their kids to a school of a religious faith,” she said
“And they want to know that the teachings of that school are of that same faith.”
“The changes will ensure that schools will be able to employ people who have the same faith based on their doctrine without the worry of civil proceedings against them.”
When it was highlighted that this Bill could allow schools to discriminate based on faith and sexuality, Boothby said that the new provision is about conduct instead of attributes.
“It used to say you could discriminate because of sexuality, but we have not reincerted that line,” she said.
“Schools can employ people despite their sexuality, which is their choice to make.”
“What the provision does is allow for schools to be able to employ people based on faith.
“Otherwise, it is discrimination against faith.”
Steer said he spoke to the Catholic Bishop of the Northern Territory, asking for examples of situations where this had occurred under the 2023 Anti-Discrimination Act.
He could not provide any.
Steer put that same question to Boothby.
“There are not any cases before the courts,” she said, “But we want to ensure that never happens.”
Stating the fear of litigation is a cloud that hangs over schools.
Australian Association of Christian Schools chief executive Vanessa Cheng welcomed the reforms.
“We applaud the CLP government for taking this important step to fulfil their election commitment and restore fundamental human freedoms,” she said.
Source: FacebookNo evidence that a new model is needed.
“The previous Act was the result of decades of work by everyday Territorians,” said Sally Sievers, CEO Northern Territory Council of Social Service.
“The process to get to these proposed changes has been opaque, confusing and not a genuine consultation.”
“The existing model of vilification sets a very high bar and has not been used frivolously.
“There’s no evidence to indicate the need for a new model,
“Nor that the proposed ‘incite hatred’ model will be effective in addressing the vilification experienced by people in our community.
“These changes to the Anti-Discrimination Act will leave Territorians less safe.
“We need to protect what we’ve built together.”
Equality Australia has highlighted that the Bill opens the door to discrimination.
“Imposing a single view of religious doctrines on all staff,”
“Even cleaners or receptionists who have no role in religious teaching,
“Opens the door to discrimination against LGBTQ+ people. “ Equality Australia Legal Director Heather Corkhill said.
“And silences those who support them in our school communities.
“We know from experiences in other states that the incitement-based legal test is completely ineffective against even some of the worst kinds of hate speech.”
“At a time when hate is increasing around the country, including the mobilisation of far-right groups like neo-Nazis,”
“We should be strengthening protections and not weakening them.
“It’s a profound relief that under this legislation, religious schools cannot discriminate on the grounds of sexuality or gender identity,
“Only on the basis of a person’s religious belief or activity.
Teachers and other workers should not face unfair discrimination in religious schools because of who they are or who they love.
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CLP’s legislation takes us backwards.
Assistant Secretary for the Australian Services Union (ASU) SA + NT, Ella Waters, said the current law reflects years of effort.
“Territory workers deserve strong protections,” Ella said.
“But the CLP’s legislation takes us backwards, weakening vital safeguards and leaving workers exposed to hate speech and discrimination.”
“Instead of building on reforms that made the Territory a leader in fairness, these changes risk undoing hard‑won progress
“And would leave workers more vulnerable in their workplaces.
“Our current laws reflect years of effort to create safer and more respectful workplaces and communities.
“We will continue to stand with our members to protect fairness and respect,
“And to ensure Territorians are protected from hate speech and discrimination.”
Last year, the Australian Law Reform Commission delivered a major inquiry to the Federal Government on religious schools’ blanket legal exemptions to discriminate.
The report recommended scrapping laws which currently and inexplicably allow religious schools to discriminate against staff and students on the basis of their sexuality, gender identity, marital or relationship status, or pregnancy.
The report also said those schools should be able to preference employment of people who share the same religion, but where “reasonably necessary and proportionate”.
Equality Australia have launched a petition calling on the Northern Territory Government to conduct a proper and comprehensive consultation process before rolling back current protections.
Ensuring that all voices, particularly those from vulnerable and marginalised groups, are heard and considered.
You can find out more about the petition here.
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