What it does
The Anti-Discrimination Act 1992 (NT) establishes a comprehensive statutory framework to promote equality of opportunity and to prevent and eliminate discrimination, sexual harassment and victimisation "to the greatest extent possible" (s 3(b)). It does so by (i) declaring a long list of attributes to be prohibited grounds (s 19(1)), (ii) defining discrimination broadly to include both direct and indirect treatment, harassment on the basis of an attribute, and failure to make reasonable accommodation (ss 20, 21, 24), (iii) prohibiting specific forms of conduct such as sexual harassment (s 22), victimisation (s 23), discriminatory advertising (s 25), seeking unnecessary information (s 26) and aiding contraventions (s 27), and (iv) applying these prohibitions to seven discrete areas of activity: education, work, accommodation, goods/services/facilities, clubs, insurance/superannuation and administration of laws and government programs (s 28).
A distinctive feature introduced in 2022 is the positive duty in Part 2A. Any person who is otherwise prohibited from engaging in discrimination, sexual harassment or victimisation "must take reasonable and proportionate measures to eliminate that discrimination, sexual harassment or victimisation to the greatest extent possible" (s 18B(2)). Reasonableness is assessed by reference to five mandatory considerations: size, nature and circumstances of the organisation, resources, business priorities, practicability and cost (s 18B(3)). The Commissioner may investigate compliance on his or her own motion and may issue reports, enter enforceable undertakings or take other action (ss 18C–18D).
The Act creates both civil and criminal pathways. Individual and representative complaints are dealt with through a staged process of acceptance/declinature (ss 66–68), conciliation (Division 3 of Part 6), evaluation (Division 4), and, where appropriate, referral to the Civil and Administrative Tribunal (Division 4A). The Tribunal is not bound by the rules of evidence, must act according to equity and good conscience, and may order compensation (capped by regulation), injunctions, apologies, retractions, reinstatement or variation of contracts (s 88). Vicarious liability is imposed on principals and employers unless they took all reasonable steps to prevent the conduct (s 105), with the Tribunal required to take the extent of preventive steps into account when quantifying compensation.