Finish the job: Modernising the NT Anti-Discrimination Act 1992 (NT)
In 2003, Territory Labor started the job of eliminating legislatively enshrined discrimination against LGBTQI people through the Law Reform (Gender, Sexuality and De Facto Relationships) Bill 2003 (NT). Rainbow Territory calls on the NT Government to finish that job by removing inequality against our community under a range of NT laws, including the Anti-Discrimination Act 1993 (NT).
A copy of our submission is here.
In a letter to Rainbow Territory dated 30 June 2016, then Opposition Leader Michael Gunner committed that if elected, Labor would support changes to anti-discrimination laws to end discrimination against women of diverse sexualities accessing artificial fertilisation procedures; and legislate to prevent vilification on the basis of sexual orientation or gender.
Rainbow Territory remains committed to recommendations presented in our submission to the 2018 Modernising the NT Anti-Discrimination Act 1992 (NT) discussion paper. Our priority areas for reform are outlined below.
NO INSTITUTION IS ABOVE THE LAW, INCLUDING RELIGIOUS INSTITUTIONS
There are approximately 1,500 roles in the NT where the s37A exemption applies. These roles include cooks, cleaners, nurses, student support, teachers, and administrative workers. Just as being divorced or unmarried does not impede a person’s ability to teach, clean, or type, neither does someone’s sexual orientation or gender.
- Repeal the exemption in relation to sexuality in 37A
- Amend Section 51(d) to provide clarity as to what would be considered a body established for religious purposes and ensure this would not include a school.
- No exemptions be permitted in relation to sexuality or gender identity on a permanent or temporary basis.
- No expansion of exemptions that would permit discrimination by religious educational institutions under any other protected attributes, including marital status, pregnancy, and/or parental status.
TERRITORIANS WHO WANT TO ACCESS ART SHOULD RECEIVE THE PROTECTION OF THE ACT
Remove the exclusion of Artificial Reproductive Technology (ART) from the definition of services.
- Sex characteristics be a protected attribute, defined as “each person’s physical features relating to sex, including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty”.
- Parenthood be replaced with family, carer or kinship responsibilities.
- Protection against vilification be extended to attributes of disability, sexual orientation, religious belief, gender identity, sex characteristics, and HIV/AIDS status.
- Vilification protections extended to those who currently have or have previously held the protected attribute, associate with another person with the protected attribute, or are incorrectly assumed to possess the protected attribute.
- Provide a limited defence to vilification mirroring s67A(C) of the Discrimination Act 1991 (ACT).
Introduce a representative complaints model as set out in the Discussion Paper.