Changes to Anti-Discrimination Laws (NT)

In 2022, the NT’s anti-discrimination laws were overhauled significantly for the first time in thirty years. The changes, which were introduced by the Labor government, included the expansion of the list of protected attributes and the introduction of a civil offence of ‘offensive behaviour’. The Country Liberal Party (CLP), which currently governs the NT, has announced its intention to wind back these changes in line with an election promise. This page outlines the reforms that occurred in 2022 and why they are to be repealed.

Religious groups no longer allowed to discriminate

Prior to 2022, the Anti-Discrimination Act 1992 contained an exception to the prohibition against discrimination on the basis of religion.

This exception operated in favour of religious organisations, such as religious schools, and permitted such groups to only hire staff of the same religious faith.  

The 2022 reforms abolished this exception, meaning that religious organisations in the Territory are now subject to the same laws prohibiting religious discrimination as other employers.

Offensive behaviour

One of the most controversial reforms made in 2022 was the introduction of laws against ‘offensive behaviour’.

Since 2022, section 20A of the Anti-Discrimination Act 1992 has prohibited a person from doing an act that:

• is likely to offend, insult, humiliate or intimidate a person or group
• is done because of an attribute of the person or members of the group.

This provision applies only in public places and in places within the sight or hearing of public places. Public places are defined as places to which the public has access.

A person who  believes this section has been breached can make a complaint to the Anti-Discrimination Commissioner.

Under section 20B, there are a number of exemptions to this law. Exceptions include performances and exhibitions of artistic works; and discussions and debates that are held for genuine academic, artistic or scientific purposes.

Protected attributes

In 2022, changes were also made to the list of protected attributes under the Act. In other words, new categories of discrimination were added. The new categories included discrimination on the basis of gender identity, sex characteristics, or carer responsibilities.  

Workplace equality

The 2022 changes also introduced Part 2A to the act, setting out a positive duty for employers to eliminate discrimination, sexual harassment and victimisation from workplaces.

This Part requires employers to take positive steps towards workplace equality – for example, by providing training in appropriate workplace behaviour.

Responses to the changes

At the time the 2022 changes were passed, there was a fierce backlash. The laws were felt by many to go too far, and CLP members voiced concerns that they would erode the Territory’s ‘larrikin culture’ and curtail freedom of speech.

Religious schools also opposed the changes, complaining that the reforms involved the total removal of their protection to employ people of the same faith.

Supporters of the changes said the stronger laws empowered the Anti-Discrimination Commission to assist more people to resolve complaints about practices that negatively impact their lives.

Repeal of the changes

In March 2025, the CLP government confirmed that it is planning to repeal some of the 2022 changes.

The civil offence contained in section 20A of the Act will be removed, as the government says this provision could lead to a person being the subject of a complaint to the Commissioner ‘because they made a joke.’

The government also plans to recreate the exception from discrimination laws in relation to religious groups, allowing religious schools to once again refuse employment to persons on the basis of their religious beliefs.

However, the government has said it will not be reversing the 2022 changes in full.

Responses to the announcement

The NT Anti-Discrimination Commissioner has opposed the repeal of the protections, saying that there is currently a lot of antisemitism, Islamophobia and xenophobia and that the community needs strong protections. The LGBTIQ community has also spoken out against the proposed changes.

Supporters of the CLP’s proposal say that the coming changes protect the rights of the religious community, and that the 2022 reforms limit human rights.

The changes are expected to pass sometime this year.

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