Reversing Anti-Discrimination Laws that Go Too Far

The Country Liberal Party in the Northern Territory (NT) is reversing “overreaching” law changes that Attorney-General Marie-Clare Boothby claims allowed the government to stifle free debate.

The amendments also prohibited religious schools from discriminating in the hiring of staff based on their faith.

“In November 2022, the former Labor government added a section to the Anti-Discrimination Act that made offensive behavior illegal—a subjective term that empowers bureaucrats to determine what is offensive,” Boothby informed The Epoch Times.

These laws took precedence over existing hate crime legislation.

“We opposed this overreach then, and we continue to strive to repeal it now to safeguard freedom of speech,” said the Attorney-General.

Boothby pointed out that the laws lacked clear guidelines, making them susceptible to misuse.

“Currently, an individual can file a complaint simply because they found something offensive or disagreed with an opinion,” she pointed out.

“Why should the government limit open debate and free expression by people in the Territory?

“Discrimination based on race, religion, or gender is already prohibited under the Act. This will not change.”

Labor also eliminated an exemption that allowed religious schools to consider faith when hiring, thereby stripping them of the ability to uphold their values and beliefs.

Boothby has pledged to reinstate this exemption, giving religious schools the freedom to choose their staff based on their faith.

“As Attorney-General, I continue to engage with stakeholders before introducing these changes to Parliament, which we plan to pass in the upcoming months,” she stated.

“It is anticipated that the remainder of the Act will stay as passed in November 2022.”

Repeal Criticised

NT Anti-Discrimination Commissioner Jeswynn Yogaratnam released a statement denouncing the decision to repeal the laws, expressing concern that such action would leave Territorians vulnerable to vilification and discrimination.

Yogaratnam described the move as a “regression in human rights.”

“In July 2023, the Anti-Discrimination Act underwent significant reforms to bring it up to date and align it with national human rights standards,” he explained.

“These reforms were the result of years of community consultations, expert contributions, and extensive advocacy.”

Yogaratnam disagreed with the assertion that the amendments were prone to misuse, stating that the laws were crafted with a careful, rigorous legal threshold to ensure they did not impede free speech while safeguarding individuals against harmful and provocative behavior that could incite violence or discrimination.

“This includes hate speech that targets religious groups, statements that incite violence against women based on gender, or offensive remarks rooted in a person’s race,” he clarified.