NT Higher Threshold for Offensive Behaviour Based on Attributes

Anti-Discrimination Amendment Bill 2025

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Introduced by: The Hon Marie-Clare Boothby MLA (CLP)

Effects of this bill

If this bill passes, it means that:

Conduct is only prohibited if it incites hatred, serious contempt or severe ridicule because of a person's attribute; it no longer includes offending, insulting, humiliating or intimidating.
Individual complainants can request the Commissioner refer an unresolved complaint to the Tribunal for a hearing.
The Commissioner must notify parties of their right to request a Tribunal referral.
The Commissioner must refer a complaint to the Tribunal if the complainant requests it and the complaint was accepted.
The Commissioner must provide the Tribunal and parties with the reasons for accepting a complaint and all assessment information within 60 days of referral.
Religious educational authorities can discriminate in hiring or workplace conduct based on religious belief; this includes preferring employees of the same religion.
Religious educational authorities must publish a written policy explaining the doctrines used for employment preferences and conduct requirements.
The law ends the 'Evaluations' framework for complaints.

The Debate

What different members said when this bill was debated:

Marie-Clare Boothby CLP

“Madam Speaker, I present a Bill titled the Anti-Discrimination Amendment Bill 2025, Serial 28, and table the explanatory statement. I move that the Bill be now read a first time. This Bill is about restoring fairness, clarity and common sense to the Northern Territory’s anti-discrimination laws.”

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Chanston Paech ALP

“Madam Speaker, under Standing Order 252, I move that so much of the standing orders be suspended that will prevent me moving a motion to refer the Anti-Discrimination Amendment Bill 2025, Serial 28, to the Legislative Scrutiny Committee. The Attorney-General has brought forward the Northern Territory’s Anti-Discrimination Bill amendments.”

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Brian O’Gallagher CLP

“Madam Speaker, I do not intend to talk for too long, but this is an important Bill. I recognise, as most people in here do, that there are legitimately different views on this Bill. That is acceptable. We are a democracy; some people think one way and other people think another way.”

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Matthew Kerle CLP

“Madam Speaker, I support this Bill. I would love to speak about how important it is to protect freedom of speech so that people can engage in robust debates without fear of being hauled through processes and potentially hauled before the courts for their speech, as we are seeing happen in the UK for people who made silly posts on social media, but I will not speak about that today.”

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Dheran Young ALP

“Mr Deputy Speaker, along with my Territory Labor colleagues I will not support the Anti-Discrimination Amendment Bill 2025. To be blunt and honest, this is a sad day for the Northern Territory. Those opposite have chosen to go down the path of implementing amendments, particularly to section 20A of the Act, that are regressive and unnecessary.”

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Yingiya Mark Guyula IND

“Mr Deputy Speaker, I understand that there are changes to this law that are significant but that it does not revert to the laws from 2022. Instead, this Bill brings changes to Labor’s amendment, watering down protections that were created in 2022. Section 20A currently prohibits conduct in a public place that is likely to offend, insult or humiliate a person or people because of an attribute.”

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Manuel Brown ALP

“Madam Speaker, the government has brought forward amendments to the Anti-Discrimination Act 1992 with two key changes. First, it is amending section 20A which was introduced by Labor’s 2023 reforms.”

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Selena Uibo ALP

“Madam Speaker, in the Territory we proudly celebrate our diversity and inclusiveness. These are incredibly precious qualities that should be protected at all costs. We believe every Territorian deserve to live free from discrimination, harassment and persecution. It is un-Territorian to criticise or vilify someone because of their colour, race, gender, sexuality, age or disability.”

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Jo Hersey CLP

“Madam Speaker, I pick up on some of the Opposition Leader’s comments. First of all, I was pretty sure I heard--what a disgrace she was--her referring to the Chief Minister as a Nazi. Talk about offensive! It is extremely offensive that she uses that language in here under her privilege or whatever she wants to do.”

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Jinson Anto Charls CLP

“Madam Speaker, I support this Bill. I preface my remarks by observing that generally speaking the commentary on this Bill in the lead-up to this debate has been measured and thoughtful. I say that it has been `reasonably measured’ because, as always, the conversation has at times be countered by the extremes of argument. This Bill should not have come as a surprise to Territorians.”

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