Boothby told Senate estimates the new laws would allow religious schools to prioritise hiring staff of the same faith, rather than exempting schools from discriminating against other job candidates altogether.
"We promised the community we would make these changes and we are now putting in place those protections because we absolutely believe in religious freedoms," she said.
The attorney general referred to the move as “restoring balance” to anti-discrimination laws, and said it was part of the Finocchiaro Government’s push to restore our ‘Territory lifestyle’.
She said her Government was restoring “fairness and common sense” to laws that went too far when the previous Labor government revised them in 2022, and that it was a case of restoring balance and ensuring the law did not overreach into everyday conversations, religious freedoms, or basic rights to express an opinion.
The Independent Education Union – Queensland and Northern Territory (IEU-QNT) has condemned the plans, with branch secretary Terry Burke calling them “deeply disappointing”.
“The reinstatement of religious discrimination exemptions is unnecessary, divisive and harmful,” Burke said.
Faith-based schools are more than capable of functioning in the absence of these exemptions, he claimed.
“We know faith-based schools have the capacity and resilience to continue to operate in the absence of discrimination exemptions – the vast majority of them already do so.
“Indeed, they have done so quite adequately under the legislation which has been in place.”
Changes to the NT Anti-Discrimination Act made three years ago by the previous NT Labor government removed the religious discrimination exemptions that historically permitted non-government school employers to discriminate against staff and students.
“The reinstatement of religious discrimination exemptions in the NT does not reflect modern community values and expectations, especially given many faith-based organisations receive public funds,” Burke said.
The Australian Association of Christian Schools (AACS) however has welcomed the commitment, with AACS executive officer, Vanessa Cheng, saying the move was an important step toward ensuring that religious freedom is properly recognised alongside other rights in the Territory’s discrimination laws.
“We commend Attorney-General Boothby for acknowledging the need to restore these important protections for our schools,” Cheng said.
“While we have not yet seen the draft Bill, we look forward to reviewing the Bill and engaging in further consultation to ensure it restores balanced protections to enable Christian and other religious schools to employ staff who genuinely support their beliefs and mission.”
Cheng rejected the suggestion that such provisions amount to unfair discrimination.
“These changes are about supporting diversity in education and respecting the positive contribution faith-based schools make to the Northern Territory.”
“Parents choose religious schools because they want their children educated in line with their shared faith beliefs and values. That choice must be respected and protected.”
Burke argued that employers still had the opportunity at the point of engagement to determine if an employee was suitable for the position advertised.
“That has always been the case,” he said.
Burke also said the CLP government’s plan to also alter the existing wording of the current vilification provision would weaken it.
The NT Greens have called on Boothby to release the list of stakeholders she consulted with before making the changes, and to abandon what they called ‘needless, counterproductive reforms’.
During hearings on Monday, the Anti-Discrimination Commissioner confirmed that his office does not support the proposed changes to the Act and that he had advised the Attorney General to not proceed with the amendments announced.
Greens Member for Nightcliff, Kat McNamara, said the changes will embolden individuals and organisations to discriminate.
“Let’s be clear, the reintroduction of 37A is not about religious freedom, it is about allowing discrimination of teachers and students on the basis of their sexuality and beliefs,” McNamara said.
“Discrimination should have no place in the Territory.
“We learnt in estimates today (Monday) that the Anti-Discrimination Commissioner strongly opposes the proposed changes to the Anti- Discrimination Act, and yet the CLP Government is recklessly proceeding regardless.
“Consultation is meaningless if you do not listen to the expert feedback provided.”
The announcement coincided with the concluding day of the 40th annual Darwin Pride, where the LGBTQIA+ community and its allies met to celebrate visibility and activism.
“The fact that the Attorney General thought it was appropriate to make this announcement on the final day of Darwin Pride shows careless arrogance, deep ignorance, or both,” McNamara said.
“The Attorney General says this is part of restoring our ‘iconic Territory lifestyle.’ The idea that being able to vilify members of our community is part of our lifestyle is both offensive and ridiculous.”
