What’s happening? – 17 October 2025
Media release: Commissioner warns against weakening equality protections
MEDIA RELEASE
17 October 2025
Commissioner warns against weakening equality protections
As the Northern Territory marks Mental Health Week, Anti-Discrimination Commissioner Jeswynn Yogaratnam has expressed concern for the wellbeing of Territorians and the distress caused by the passage of the Anti-Discrimination Amendment Bill 2025 in the Legislative Assembly on 16 October.
The amendments weaken core protections against hate, humiliation and discrimination, sending a conflicting message about the Territory’s commitment to community safety, dignity and respect.
“To pass legislation that reduces harm protections in the very week dedicated to mental health awareness is profoundly troubling,” Commissioner Yogaratnam said. “Vilification laws exist to prevent psychological harm, the very issues we are meant to be addressing this week.”
Vilification: From harm prevention to incitement
The amendment to section 20A removes the long-standing prohibition against public conduct that is reasonably likely to “offend, insult, humiliate or intimidate” and replaces it with a narrower test requiring proof that the conduct is reasonably likely to “incite hatred, serious contempt or severe ridicule.”
This shift from a harm model to an incitement model raises the legal threshold for Territorians who experience public vilification based on race, gender, sexual orientation, disability or religion. For example, these amendments may permit someone to racially abuse another person in public, so long as they do not attempt to incite others to join them in their hatred.
“Vilification laws are not about policing free speech; they are about protecting people from real harm. When humiliation and intimidation are stripped from the law, those who experience daily abuse are left without recourse,” the Commissioner said.
During debate, several Members characterised the previous law as “thought police” and trivialised its purpose through references to comedians and satire. The Commissioner described this as misinformation that distracts from the law’s true aim of preventing public acts that cause harm and division. The current vilification laws would not make a joke that is a “mere slight” unlawful, and already contain exemptions for performance of artistic works in good faith, such as comedy and satire. The new “incitement” based vilification law will not free up material for comedians. It will place Territorians at risk of racist, ableist, sexist and homophobic abuse when they are carrying out daily activities like catching a bus and going to the supermarket.
Religious exemptions: Re-opening the door to discrimination
A new section 35B reinstates an exemption for religious educational institutions to preference employees of the same faith and set workplace conduct rules consistent with religious doctrine.
While the Government says this restores “freedom of religion,” the Commissioner warned that the provision allows differential treatment in employment unrelated to a person’s ability to perform their duties, potentially reducing the quality of education delivered at NT religious schools. For example, an inexperienced teacher could be preferenced over a highly qualified and experienced teacher simply because they are a member of a particular faith group.
“This amendment effectively re-creates the same inequities that the community and Parliament worked hard to remove only a few years ago. Genuine religious freedom is already protected; this change permits discrimination under the protection of faith.”
A step backwards for equality
The legislative debate of the Anti-Discrimination Amendment Bill 2025 did not reveal any concrete examples of how the current laws had failed to serve Territorians, thereby justifying the amendments. Instead, the focus was on restoring rights to “free speech” and “religious freedom”, which had never truly been taken away.
The Commissioner said the timing and tone of the legislative debate reflected political performance based on pre-election promises over sensible public policy. This undermines the purpose of equality law in the Territory — to protect vulnerable and marginalised groups from being treated unfairly compared to other privileged groups. That is a cardinal premise of anti-discrimination legislation.
The Commissioner cautioned that the Parliamentary debate reflected a populist tone, echoing global trends where moral panic replaces measured policy. Populist performance politics has no place in equality law.
Commitment to Territorians
The Commission acknowledges the Opposition and Independent Members of the Northern Territory Legislative Assembly and organisations including NTAHC, NAAJA, NTCOSS, Top End Pride, Equality Australia, Melaleuca Australia, health care practitioners, as well as other multicultural and faith-based organisations who defended the Act’s original intent. We thank community advocates who have spoken out in support of fairness.
We acknowledge the NT Government’s commitments and we intend to work with the Attorney-General to implement the amendments.
“Our role is to continue standing with Territorians who experience discrimination or vilification. The Commission remains committed to education, outreach and support to ensure that equality and respect remain cornerstones of Territory life.”
Jeswynn Yogaratnam
NT Anti-Discrimination Commissioner