Controversial anti-discrimination laws passed in late-night parliamentary sitting | NT Independent

Controversial anti-discrimination laws passed in late-night parliamentary sitting

by | Nov 23, 2022 | News, NT Politics | 0 comments

The Fyles Government has used its numbers in Parliament to pass sweeping changes to the Anti-Discrimination Act that it says will protect “the most vulnerable” Territorians but that critics say will hamper free speech.

Debate on the proposed changes consumed Parliament all day Tuesday, with Labor passing the bill around 11:45pm last night.

The changes will see a section of the Act repealed that permitted discrimination against people based on their sexuality – which was supported by many – but will also forbid religious groups from hiring based on a person’s religious beliefs, which religious groups said will have unintended consequences and affect their schooling.

The new laws will also make it illegal to “offend, insult or humiliate people based on personal attributes”.

The changes will also allow for a person not affected by the alleged “offence” to file a complaint on behalf of someone else.

Chief Minister Natasha Fyles told Parliament during debate yesterday that while she is “Territory tough”, others are not, and need to be protected by the new legislation.

“We’re ensuring that when those vulnerable Territorians are vilified, that they have protection,” she said.

“Those for far too long have had the threat of discrimination hanging over them, who couldn’t be who they wanted to be to their community.

“We on this side of the House believe that the law must keep pace or preferably ahead of discrimination so that … we can allow people to feel safe and secure knowing that all forms of targeted abuse have no place in the Northern Territory.”

Ms Fyles added that the Opposition CLP’s concerns about the bill were “fear mongering” and that they failed to understand the legislation.

Independent MLA Robyn Lambley, who told the NT Independent on Monday that she was concerned the changes to the Act were brought forward to further Attorney-General Chansey Paech’s personal ambitions seeking awards as an openly gay politician rather than providing sound legislation for Territorians, said in Parliament on Tuesday that the new laws were “ambiguous” and forced “Labor values” on Territorians.

“Chief Minister, you are the one who has created fear and you are the one who has created division,” she said.

Ms Lambley added the new laws were not “clear cut” and would cause problems for everyday Territorians.

“We know [Labor] find everything offensive that this side of the chamber says,” she said.

“I have some concerns about Labor values. Just because we don’t agree with Labor values does that make our values wrong or less? I think the answer to that question is yes, it does.”

CLP say ‘dark day’ as bill passed before federal review

NT Catholic Bishop Charles Gauci had led protests over the weekend against the changes, arguing that the proposed reforms would result in “reverse discrimination” where religious schools would be unable to hire teachers and executives based on their religious beliefs.

On Monday he said on ABC Radio that he had met with Ms Fyles and Mr Paech that day and was assured the new Act would not have unintended consequences. But after seeking legal advice and being informed that assurances do not matter when it comes to the wording of legislation, he backtracked from his conditional support.

After the changes were passed late last night, the Opposition CLP issued a statement calling it a “dark day” for the Territory with the passing of the “freedom-destroying” Anti-Discrimination Bill.

“The attacks on freedom are out of step with most Territorians, who assume those freedoms are inalienable rights,” Leader Lia Finocchiaro said.

“I can assure Territorians the CLP, if elected in 2024, will restore the freedom of speech and freedom of religion that this bill destroyed.”

The CLP also said Labor may have to repeal the bill following the outcome of a federal Law Reform Commission report due next year into educational institutions’ ability to hire based on faith.

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