Changes to Anti-Discrimination Laws (NT)
In October 2025, the NT government passed changes to the Anti-Discrimination Act 1992. These changes wound back some of the amendments that were made by the Labor government in 2022. This page outlines the changes that were passed, and the law as it now stands.
New religious discrimination exemption
One of the changes that was made in 2022 was the abolition of the exemption from anti-discrimination laws in respect of religious educational institutions. That exemption has now been re-introduced; however, the new provision is narrower than the one that existed prior to 2022.
While the old provision allowed religious schools to discriminate against people on the basis of attributes other than religion (such as sexual orientation), the new exemption permits discrimination on the basis of religion only.
A religious institution in the NT may now discriminate against a person on the basis of their religion:
- where this is done in good faith;
- where it is necessary to avoid offending the religious sensibilities of members of a particular religion.
Religious institutions in the NT may also impose requirements concerning their employees’ conduct while at work under this exemption. They may not impose conduct requirements that restrict their employees’ actions outside of work.
Change to offensive behaviour prohibition
The changes have also altered the prohibition contained in section 20A against offensive behaviour towards a person on the basis of a prescribed attribute in a public place.
This prohibition formerly included any behaviour that was likely to offend, humiliate, insult, or intimidate a person on the basis of an attribute. After the changes, the prohibition extends only to behaviour that is reasonably likely to insight hatred, serious contempt or severe ridicule. This change means that the threshold that needs to be reached to establish vilification in a public place is now higher.
The Country Liberal government stated that the old prohibition was too broad and intruded excessively on behaviour that occurs in the context of personal conversations, when these take place in public.
Complaints procedure
The final change introduced by the 2025 amendments was to the procedure when a person makes a complaint of discrimination.
Under the old system, when a person made a complaint to the Anti-Discrimination Commissioner and the matter was unable to be resolved through conciliation, the commissioner was required to evaluate the complaint before referring it to the tribunal. This requirement no longer exists.
This means that when a complaint is not resolved through conciliation, the Commissioner may now refer it directly to the Tribunal.
Responses to the changes
The changes have been criticised by many community organisations, as well as the legal profession and Anti-Discrimination Commission. The Anti-Discrimination Commissioner Jeswynn Yogaratnam has warned that the changes weaken protections against hate, humiliation and discrimination.
Mr Yogaratnam said that the old vilification laws were about protecting people against hate and not about restricting free speech, and that exemptions existed in relation to legitimate expression such as artistic works and satire.
He also said that the reintroduction of the exemption in respect of religious institutions was likely to lower the standards for education in the NT, through the permissibility of hiring a person who is less qualified on the basis of their religion.
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Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.
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