Discrimination

Contributed by NinaChelesMcLean and current to 10 February 2026

Introduction

The broad aim of discrimination law is to promote equality of opportunity by eliminating discrimination. The Northern Territory’s discrimination laws are contained in the Anti-Discrimination Act 1992 (NT) (the ADA), which is administered by the Northern Territory Anti-Discrimination Commission (ADC). Federal discrimination laws also apply in the Northern Territory, and are administered by the Australian Human Rights Commission. This guide will focus on the Northern Territory’s laws, and the ADC complaints process. A brief summary of the federal laws, with links to where to find more information, is also included below.

Recent Legislative Reforms (2022-2025)

Between 2022 and 2024, the ADA underwent significant reforms which modernised the Northern Territory’s discrimination law and strengthened protections for individuals. In 2025, some of these reforms were partially rolled back. Key amendments from 2022-2025 include:

2022	Discrimination exemptions for religious educational institutions repealed (former ADA s 37A).
2023	Addition of a further eight protected “attributes” (including employment in sex work, HIV/hepatitis status and gender identity) (ADA s 19). “Areas of activity” where discrimination laws apply expanded to include administration of laws and government programs (ADA s 49A). Robust protections from “offensive behaviour” are introduced (former ADA section 20A).
2024	A new “Positive Duty” to prevent discrimination, sexual harassment and victimisation to the greatest extent possible is introduced (ADA Part 2A). Representative complaints are introduced (ADA s 62A).
2025	The prohibition on “offensive behaviour” is amended, introducing a higher threshold of “inciting hatred” (ADA s 20A). The exemption allowing religious educational institutions to discriminate is partially reintroduced (ADA s 35B).

Further information about the intention of the 2025 amendments can be found in the parliamentary record of when the amendments were introduced and debated. You can view the relevant parliamentary records here:

• Hansard 30 July 2025
• Hansard 16 October 2025

What is Discrimination?

Speaking very generally, discrimination occurs when a person is treated unfairly because of a protected attribute (such as race, sex or disability), and the unfair treatment takes place in an area of public life (such as the workplace, in a shop or at school). Discrimination law does not usually apply in private settings, like a person’s home.

Discrimination includes (ADA s 20):

• any distinction, restriction, exclusion or preference made on the basis of an attribute that has the effect of nullifying or impairing equality of opportunity, and
• harassment on the basis of an attribute
• in an area of activity referred to in Part 4 of the Act.

In addition to the above, section 20(2) provides that discrimination occurs when a person with an attribute is treated less favourably than a person without that attribute.

There must be a causal link between the person’s attribute and the exclusion, harassment or less favourable treatment. For example, it is not necessarily unlawful to dismiss an employee who happens to be female. It is unlawful to dismiss an employee because they are female. There must be a link to the dismissal and the person being female.

A person’s protected attribute does not need to be the only, or even the main reason for the less favourable treatment. This means that even if there were multiple reasons for the less favourable treatment, it can still be discrimination. Further, the person who discriminates does not need to think the treatment is less favourable (ADA s 20(3)).

The motive of the discriminator is irrelevant. This means that a person who discriminates does not need to have an intention to discriminate (ADA s 20(4)).

Protected attributes

The ADA prohibits discrimination because of certain protected “attributes” a person may have. The protected attributes are listed under section 19 of the ADA. For example, under the ADA it is unlawful to treat someone unfairly because they are Aboriginal, because “race” is an “attribute” listed in section 19.

The 24 protected attributes under the ADA are:

Attribute	Notes on Scope
Race	Includes the nationality, ethnic or national origin, colour, descent or ancestry of a person; and that a person is or has been an immigrant.
Language, including signed language	Includes the language spoken or signed by a person.
Sex	Includes being male, female or intersex.
Gender identity	Includes being transgender, non-binary, or gender diverse.
Sexual orientation	Includes being homosexual, bisexual, heterosexual, asexual, or any other diverse sexuality
Sex characteristics	Includes a person's physical features and development relating to sex, such as genitalia, gonads and other sexual and reproductive parts of the person's anatomy, chromosomes, genes and hormones related to sex, and secondary physical features emerging as a result of puberty.
Age
Relationship status	Includes being single, married, married but living separately, divorced, a surviving spouse, and a de facto partner. Also includes being married to or the de facto partner of a particular person.
Accommodation status	Includes being a tenant, boarder, lodger or licensee, transient or homeless, or being a resident of an aged care facility, disability accommodation or supported care accommodation.
Employment status	Includes being unemployed, receiving a pension or another social security benefit, receiving compensation, being employed on a part-time, casual or temporary basis, or undertaking shift or contract work.
Employment in sex work or engaging in sex work, including past employment in sex work or engagement in sex work
Pregnancy	Includes childbearing capacity.
Carer responsibilities	Includes parents, guardians, foster parents, carers and kinship responsibilities.
Breastfeeding
Disability	Includes: Total or partial loss of bodily function; psychological or psychiatric disease or disorder, whether permanent or temporary; intellectual disabilities, or a disorder that results in a person learning differently from a person without the disorder; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgement that results in disturbed behaviour; reliance on a support person, a disability aid, or an assistance animal
HIV/hepatitis status
Subjected to domestic violence
Trade union or employer association activity	Includes membership, non-membership and a lack or absence of trade union or employer association activity.
Religious belief or activity	Includes Aboriginal spiritual beliefs.
Political opinion, affiliation or activity	For example, being a member of a particular political party. Also includes absence of political opinion, affiliation or activity.
Irrelevant criminal record	Includes a spent conviction, an expunged conviction, criminal proceedings which were discontinued or resulted in a finding of ‘not guilty’. It also includes offending unrelated to circumstances of the discrimination.
Irrelevant medical record
The person's details being published under section 66M of the Fines and Penalties (Recovery) Act 2001
Association with a person who has, or is believed to have, an attribute referred to in this section	For example, a carer for a person with disabilities

Areas of activity

As explained above, the ADA only prohibits discrimination which takes place in certain “areas of activity”, which are listed under section 28. The below table lists the seven “areas of activity” and provides some examples of businesses and organisations that would be included in these areas. Each “area” has its own provision which lists the kinds of “activities” where discrimination may occur. For example, unfair treatment of a student by another student may not constitute discrimination under the ADA, even though it occurred at an educational institution because it does not fit within the specifically protected activities under section 29 of the Act.

Area of activity	Notes on Scope
Education	Educational institution includes places at which any form of education, training or instruction is provided, including high schools, primary schools, universities, TAFE, colleges and childcare centres. Also includes training or instruction provided by an employer and educational programs provided to people in custody. The conduct must occur within the protected activities prescribed by section 29.
Work	Includes work carried out in any capacity and at any place, including for private businesses and government. Includes work carried out as an employee, contractor, sub-contractor, labour hire employee, apprentice, trainee, student gaining work experience, as part of a vocational training program, or a volunteer. Conduct must occur within a protected activity prescribed by section 31.
Accommodation	Includes private accommodation leased by a landlord, houses or flats, business premises, hotels, motels, boarding houses, hostels, caravan parks, camping sites, and building and construction sites. Conduct must occur within a protected activity prescribed by section 38.
Goods, services and facilities	Includes hospitals, medical clinics, banks, shops, real estate agencies, transport, council services, gyms, government services, restaurants, cafes, bars, night clubs, casinos, tourism, cinemas and sporting venues. Does not include artificial fertilisation services (e.g. IVF). Conduct must occur within a protected activity prescribed by section 41.
Clubs	Incorporated and unincorporated associations of not less than 30 members, including sporting, literary, cultural, political and recreational clubs. Conduct must occur within a protected activity prescribed by section 46.
Insurance and superannuation	Includes car insurance, life insurance, home insurance and accident or illness insurance. Also includes employee access to superannuation. Conduct must occur within a protected activity prescribed by section 48.
Administration of government laws and programs	A person or organisation who performs any function or exercises any power under a law of the Territory or for the purposes of a Territory Government program. For example, prison and prison programs, police, social housing, public health programs, child protection, and vehicle registration.

Part 4 of the ADA provides further information on the scope of the different areas of activity (see sections 29-49A). For example, the area of “work” covers (see s 31):

• hiring
• terms and conditions of work
• offering work
• access to training programs
• access to transfer and promotion
• dismissing a worker
• treating a person less favourable in any way in connection with work; and refusing to let a worker carry out a reasonable religious activity within work hours.

Some prohibited conduct under the ADA does not need to take place in an “area of activity”. Sexual harassment (ADA s 22) is unlawful in any setting, whether public or private (see further information below). Inciting hatred (hate speech) (s 20A) is unlawful in any “public place” (see further information below).

What isn’t discrimination?

It is not against the law to treat someone unfairly for reasons that are not attributes under the ADA. For example, it is generally not unlawful to discriminate against someone because they are in a motorcycle gang, work as a police officer, have tattoos, have blonde hair, or are overweight (even though this might be unfair), because these characteristics are not “attributes” listed under the ADA.

It is also not unlawful to discriminate against someone in a setting not covered by one of the 7 “areas of activity” in the ADA. Generally speaking, this means that discriminatory behaviour in private settings (such as a person’s home) is not covered by the ADA. For example, if a person decides not to invite someone to a private backyard barbeque because of their religion, this would not be unlawful under the ADA, because the discrimination did not occur in an “area of activity”.

Examples of discrimination

The following examples illustrate conduct that may be prohibited by the ADA (if an exemption does not apply) because it involves unfair treatment on the basis of a protected “attribute”, in an “area of activity”.

Attribute	Area of activity	Example
Race	Goods, services and facilities	A nightclub refuses a person entry because they are Palestinian.
Sex	Work	An employer decides not to promote an employee to a leadership position because they are female and might want to have children in the future.
Disability	Education	A school refuses to enroll a child because they are autistic.
Gender identity	Administration of laws and government programs	A prisoner is refused entry to a female program because she is transgender.
Age	Clubs	A soccer club excludes a member from social sport because they are “too old”.
Subjected to Domestic Violence	Accommodation	A landlord evicts a tenant because she has been subjected to domestic violence and they don’t want violence occurring in their property.
Sexual orientation	Insurance and superannuation	An insurance company refuses to provide life insurance to a person because they are homosexual.
Religious belief or activity	Goods, services and facilities	A bank teller refuses to serve a Muslim woman because she is wearing a headscarf.
Employment in sex work	Accommodation	A hotel refuses to rent a room to a person because they are a sex worker.

Other unlawful behavior

The ADA does not just make discrimination unlawful. The ADA includes other forms of “prohibited conduct” which can impact a person’s equality of opportunity. Other prohibited conduct includes:

Sexual Harassment

It is against the law to sexually harass another person (ADA s 22). Unlike other prohibited conduct under the ADA, sexual harassment does not need to take place in an “area of activity”. For example, if a person sexually harasses another person at a skate park, this would be unlawful, even though it did not take place in an “area of activity”.

Sexual harassment occurs where:

• a person engages in unwelcome conduct of a sexual nature toward another person; and
• the alleged harasser intends to offend, humiliate or intimidate the other person; or
• a reasonable person would anticipate the possibility that the conduct would offend, humiliate or intimidate the other person.

Sexual harassment may include:

• asking for sexual favours.
• asking personal questions about someone’s sex life (if they’re single? If they “got any on the weekend”).
• asking intrusive questions about a person’s body (particularly if they are non-binary or intersex)
• making inappropriate comments or “jokes” of a sexual nature.
• complimenting someone on their looks (particularly if the compliment refers to a ‘sexualised’ part of their body or if there is a power imbalance, or if the same person gets repeated compliments from the same person).
• staring at someone or standing too close.
• asking someone in the workplace out on a date after they have said “no thanks” more than once.
• calling someone sweetheart, love, babe etc
• unwanted physical contact (including touching someone to get their attention or to move past – when this could be done verbally instead).
• unwanted sexting, including sending emojis with sexual connotations.

Duty to accommodate a special need

The ADA imposes a duty to accommodate another person’s special need that they have because of an attribute (s 24). This duty aims to promote equality of opportunity by recognising that some people need special adjustments or accommodations to participate on a level playing field with others. It recognises that society often imposes barriers to equal opportunity which need to be adjusted to allow individuals to fully participate. Duty to accommodate a special need is similar to “indirect discrimination” in other jurisdictions, which generally refers to a condition or requirement that a person is unable to comply with because of a protected attribute (for example, see Disability Discrimination Act 1992 (Cth) s 6). The duty to accommodate a special need arises when:

• A person has an attribute listed under section 19 (e.g. race, sex or disability).
• A person has a special need arising from their attribute (e.g. a person who uses a wheelchair because of a disability needs a ramp to access their work building).
• The special need arises in an area of activity listed under section 28 (e.g. the need to access your place of employment is a condition of your work).

If the above conditions are met, then a person must reasonably accommodate the other person’s special need unless an exemption applies (e.g. the workplace must take all reasonable steps to ensure a ramp is installed in the building to allow the person with a disability to access their place of work).

What is a reasonable accommodation?

The duty to accommodate a special need does not require a person to do absolutely everything possible to accommodate another person’s special need. The duty requires a person to reasonably accommodate the special need. Whether a person reasonably provided for the other person’s special need will depend on various factors, including the nature of the special need, the cost of accommodating the special need and any disruption that might be caused by accommodating the special need (ADA s 24(3)).

For example, a small business may not be expected to install an expensive lift system to facilitate wheelchair access, if this was not reasonable considering the resources available to the business. However, the business may be required to provide other access arrangements such as a ramp, ground level access, or alternative workplace premises depending on the circumstances of that business and the special needs of the person. At a minimum, the workplace must investigate what options are available and whether or not their resources allow accommodation.

Exemption - Duty to accommodate a special need unreasonable

Discrimination against someone with a special need is allowed if they require special services or facilities which cannot reasonably be provided (ADA s 58). For example, a corner shop might not be required to provide an interpreter service to customers who do not speak English as a first language, as this would not be reasonable considering the resources available to a corner shop.

Examples of special need accommodation

The below table provides some examples of how the duty to accommodate a special need may operate with respect to the different attributes and areas of activity in the ADA.

Attribute	Area of activity	Special need	Duty to reasonably accommodate
Carer responsibilities	Work	An employee needs flexible work hours to pick up and drop off children to school.	The employer makes reasonable adjustments to work hours.
Disability	Education	A student with ADHD requires various accommodations, such as seating away from distractions, checklists, and extra time to complete work.	The school consults with the child's healthcare providers to develop an educational adjustment plan.
Language	Administration of laws and government programs	A police suspect requires an interpreter to understand her rights and participate in an interview.	The police engage a qualified interpreter before questioning the suspect.
Race	Work	An Aboriginal employee cannot be alone in the same room or space as one of their relatives due to kinship rules.	The employer makes reasonable accommodations so that the employee does not need to be alone in the same room or space as their relative.
Carer responsibilities	Goods, services and facilities	A parent requires baby change tables at their local supermarket.	The supermarket installs change tables in their bathrooms.

Victimisation

The ADA protects people who have made, or intend to make a discrimination complaint, by making “victimisation” unlawful (s 23). Victimisation occurs when a person subjects or threatens to subject another person to detriment because:

• They have made or proposed making a complaint under the ADA.
• They provided information or evidence in relation to a complaint under the ADA.
• They have alleged, or intend to allege that a person has done something unlawful under the ADA.

For example, it is unlawful for an employer to reduce a casual employee’s work hours because they made a discrimination complaint against the employer.

Inciting hatred

It is against the law to incite hatred, serious contempt, or severe ridicule of a person because of an attribute (ADA s 20A). Sometimes, this is known as hate speech or vilification.

A person may breach section 20A if they do an act which:

• is reasonably likely to incite hatred towards, serious contempt for, or severe ridicule of another person or group of people, and
• the person did that act because of an attribute of the other person or the group of people, and
• the act was done in a public place.

An example of conduct covered by this section could include speaking at a rally, denying the Holocaust and asserting that Jewish people fabricated or exaggerated historical events for personal or political gain because they are dishonest.

Vilification extends to conduct that is published in any public forum, including online public domains such as social media platforms, including comments on other people’s posts, where content is accessible to the wider community.

Some forms of expression are exempt from section 20A. Section 20A does not apply to artistic work, genuine debate in the public interest, fair and accurate reporting in the public interest, and fair comment on a matter of public interest (ADA s 20B)

Discriminatory advertising

It is against the law to publish an advertisement that could reasonably be understood to promote prohibited conduct under the ADA (ADA s 25). This means that advertisements are unlawful if they promote discrimination, sexual harassment, hate speech, etc.

Requesting unnecessary information

It is against the law to ask a person to supply information on which unlawful discrimination might be based (ADA s 26). For example an employer asking a potential employee for information on their racial background, or their health records, which are not relevant to the position.

This conduct is not prohibited if it can be proved that the information was reasonably required for a purpose that did not involve discrimination. It also does not apply if it is a request that is necessary to comply with Territory or federal law, a court order, a provision of an industrial agreement, or an order of the ADC. For example, if someone works with children or vulnerable people, their criminal history may be relevant. It is up to the respondent to prove that the requested information was reasonably required for a non-discriminatory reason.

Aiding an act of discrimination

It is unlawful for a person to cause, instruct, induce, incite, assist or promote another person to contravene the ADA (ADA s 27). For example, if a CEO encourages a lower-level manager to discriminate against an employee, then the CEO may be liable under section 27 for “inciting” “promoting” or “instructing” discrimination.

Refusing to allow an assistance animal

It is against the law to treat a person with a disability less favourably because they have an assistance animal (ADA s 21). This conduct is unlawful even if the alleged discriminator usually treats other people with animals less favourably.

Exemptions – when is discrimination allowed?

Not all discrimination is unlawful. The ADA contains various exemptions which allow people to discriminate in certain circumstances. Some exemptions allow “positive discrimination” – that is, people with protected attributes are allowed special rights for the purpose of promoting equality. Other exemptions allow discrimination against people with protected attributes, where this can be justified.

Exemptions found in the ADA include:

Acts done in compliance with legislation

• A person can do an act that is necessary to comply with Territory or federal legislation or court orders, even if their conduct would otherwise breach the ADA (s 53).

Genuine Occupational Requirements

• Employers may impose reasonable terms and conditions if a worker has restricted capacity because of their age or disability.
• Discrimination is permitted when it is based on an inherent requirement of the role. For example, employing only women in a women's domestic violence shelter (s 35).
• Discrimination is permitted when a person cannot adequately perform their role, even when their special need has been accommodated (s 35).

Special Measures

• Positive actions taken to promote substantive equality for disadvantaged groups are lawful. For example, designated scholarships or employment opportunities for Aboriginal people (s 57).

Pregnancy

• A person can be granted special rights or privileges connected with their pregnancy or childbirth (s 54).

Disability

• Disability discrimination is permitted when necessary to protect public health (s 55).

Education

• Single-sex schools are permitted (s 30).
• Special schools are permitted for children with disabilities (s 30).

Religion

• Religious educational authorities may discriminate against their workers on the grounds of religious belief or activity. For example, a Christian school can preference job applications from candidates who adhere to the religion of the school (s 35B).
• Religious bodies may discriminate in the provision of accommodation if the accommodation is attached to religious premises (s 40(3)).
• Access to cultural or religious sites can be restricted to members of a particular sex if this is in accordance with the culture or religion. For example, permitting only women to a site designated for Aboriginal women’s business (s 43).
• The ADA does not apply to the training and ordination of priests or ministers of religion (s 51).

Charities

• Charities who provide accommodation can discriminate according to the purpose for which the accommodation was established (s 40(4)).

Employment status

• Discrimination based on employment status in the area of work is permitted if the discrimination is reasonable, justifiable and proportionate (s 35A).

Age

• Standard ages for the commencement of work and retirement are permitted (s 36).
• Benefits and concessions are permitted on the basis of age. For example, discounts for pensioners (s 44).

Competitive sport

• Age, sex, ability or disability-based team selection is permitted (s 56).

Irrelevant criminal record

• Discrimination because of irrelevant criminal record in the area of work is permitted if the work involves the care of vulnerable people and discrimination is reasonably necessary to protect those people (s 37).

Accommodation in private homes

• A person can discriminate when renting out a room in a private home (s 40(1)).

Goods, services and facilities

• Sex specific services are permitted. For example, a gynecologist does not need to offer services to biological males (s 42).
• It is permissible to require a child to be accompanied by an adult if there is a reasonable risk the child could cause disruption or endanger themselves or others (s 45).

Clubs

• Clubs are permitted for particular ethnic groups and people of a certain age (ADA s 47).

Insurance and superannuation

• Discrimination based on actuarial or other data is allowed (s 49).

Making a discrimination complaint to the ADC

A person who believes they have been discriminated against in the Northern Territory can make a complaint to the ADC or the Australian Human Rights Commission (AHRC). The ADC accepts complaints under the Anti-Discrimination Act 1992 (NT). The AHRC accepts complaints under federal legislation, such as the Disability Discrimination Act 1992 (Cth), the Racial Discrimination Act 1975 (Cth) and the Sex Discrimination Act 1984 (Cth). Federal laws do not permit a person to lodge a complaint with both agencies, so complainants must choose between the ADC and the AHRC.

This handbook entry focuses on making a complaint to the ADC. Up to date information on how to make a complaint to the AHRC can be found on their website: https://humanrights.gov.au/.

Role of the ADC

The role of the ADC is to remain impartial, assist with handling complaints, and resolve the complaint by conciliation, if possible.

Who can complain to the ADC?

The person who makes the complaint must be a “person aggrieved” by the prohibited conduct (ADA s 60). The “person aggrieved” will usually be the person who is subjected to the prohibited conduct (for example, the person who has been discriminated against or sexually harassed).

The ADC can authorise someone to complain on behalf of the person aggrieved (ADA s 60). For example, a parent may be authorised to complain on behalf of their child.

Who can a complaint be made against?

A person can make a complaint against any other “person” they believe has engaged in unlawful conduct under the ADA. A “person” in this context includes any body politic and body corporate as well as an individual (e.g. a manager at work, an unincorporated association, or the Northern Territory of Australia.)

Submitting a complaint

Complaints submitted to the ADC must be in writing, state who the complaint is against, and describe the alleged unlawful conduct in sufficient detail (ADA s 64).

Complaints must also be lodged within 12 months of the alleged conduct. However, the ADC has discretion to accept complaints lodged outside the 12-month time limit where appropriate (ADA s 65).

Once a complaint has been lodged with the ADC, the person who made the complaint is known as “the complainant” and the person against whom the complaint is made is known as “the respondent”.

Complaint accepted or declined

Once the ADC receives a written complaint, it must assess the complaint and decide if it is covered by the ADA. The ADC may ask the respondent to provide a response to the complaint to assist with assessing the complaint (s 66B). The ADC has 60 days to decide whether to accept or reject the complaint (ADA s 66). Although this time frame is not strict and it can sometimes take longer. If a complaint discloses potential unlawful conduct under the ADA, the ADC will accept the complaint. When the ADC accepts a complaint, it does not mean that unlawful conduct has occurred.

The ADC may decline a complaint if it is frivolous, vexatious, misconceived, lacking in substance, trivial, or fails to disclose unlawful conduct (ADA s 67). For example, the ADC may decline a complaint that a person was discriminated against because they have tattoos, because having tattoos is not an “attribute” under the ADA and the complaint therefore fails to disclose unlawful conduct. The ADC may also decline a complaint in circumstances where no further action can be taken (ADA s 66E), or the complaint is dealt with elsewhere (ADA s 68).

Accepted complaints

• If the complaint is accepted: The respondent must be notified in writing of the complaint (ADA s 66C).
• Compulsory conciliation may be scheduled.

Declined complaints

• If the ADC declines a complaint, it must provide the complainant with written reasons for its decision (ADA s 66D).
• The complainant will not be able to make another complaint about the same conduct (ADA s 66D).
• If the complainant disagrees with the ADC’s decision, they may apply to the Supreme Court for judicial review of the decision.

Representation at the ADC

A complainant or respondent must seek permission from the ADC to have a lawyer, advocate, or support person represent or assist them during conciliation (ADA s 62).

Conciliation Process

The ADC may direct the parties to participate in a compulsory conciliation process (ADA ss 78-80). The purpose of the conciliation process is to resolve the complaint.

Conciliation can involve:

• A conciliation conference, attended by the complainant and respondent, where discussion is facilitated by an ADC conciliator.
• An “early dispute resolution” process, where a conciliator/complaints officer facilitates informal communications between the complainant and respondent to resolve the complaint.

The role of the ADC conciliator is to assist the parties to reach an agreement to resolve the complaint. The conciliator remains impartial and does not make any findings about whether unlawful conduct occurred. If the complainant and respondent reach an agreement, the ADC can assist with preparing a settlement agreement if required (ADA s 81). Once a settlement agreement is finalised, the ADC complaints process comes to an end.

Evaluation

If the complaint does not resolve through conciliation, the complainant has 21 days to request that the ADC “evaluate” their complaint (ADA div 4). Evaluation involves the ADC requesting evidence and submissions from the complainant and respondent. The ADC uses these materials to decide whether the complaint has “reasonable prospects of success” at a hearing before the Northern Territory Civil and Administrative Tribunal (NTCAT). The ADC will draft an evaluation report containing the reasons for its decision, and provide a copy to the complainant and respondent.

If the ADC believes the complaint has reasonable prospects of success, it may refer the complaint for hearing at NTCAT. Even if the ADC decides not to refer the complaint to NTCAT, the complainant can elect to “self-refer” their complaint to NTCAT within 21 days of receiving the ADC’s evaluation decision (ADA s 86). If the complainant does not refer the complaint within 21 days, their complaint lapses and cannot be revived.

Amendments to ADA removing evaluation

In October 2025, legislation was passed that will remove the evaluation stage from the ADC complaints process. These amendments are scheduled to come into effect by 27 July 2026. Until this date, all complaints lodged with the ADC will need to be evaluated before they can proceed to a hearing at NTCAT. After the amendments come into effect, complaints that do not resolve through conciliation may proceed directly to NTCAT.

Hearing Before NTCAT

If a complaint is not resolved during the ADC process, it may be referred to NTCAT. A NTCAT member will then make orders to progress the complaint to a hearing. From this point, management of the complaint becomes a matter for NTCAT, and the ADC generally does not have any further involvement. NTCAT process is more formal than the ADC process, and similar to a court hearing. Both sides will present their evidence and arguments, and an NTCAT member will decide whether the respondent breached the ADA. In some cases, the ADC may apply to “intervene” in an NTCAT proceeding and make submissions on points of law relevant to the interpretation and application of the ADA (ADA s 13(1)(q)). However, the ADC cannot represent or assist either party.

If NTCAT decides the respondent breached the ADA, it may order the respondent to take action to address the damage caused by their unlawful conduct. For example, NTCAT may order the respondent to (ADA ss 88-89):

• Pay financial compensation up to $60,000.
• Apologise.
• Do specific things to address the loss or damage.
• Not to repeat the unlawful conduct.
• Employ or promote the complainant (in employment matters).

Appeals

A party that is dissatisfied with a final decision of NTCAT may appeal to the Supreme Court of the Northern Territory on a question of law or fact. Appeals must be made within 28 days of receiving the decision and reasons for the decision (ADA s 106).

Representative Complaints

A representative complaint allows a body (such as a community organisation, peak body, or legal service) to lodge a complaint on behalf of multiple individuals affected by systemic discrimination. It is not necessary to name the individual members of the group affected by the systemic discrimination (ADA ss 60, 62A).

Systemic discrimination refers to behaviour, practices, policies, or programs of an organisation or government agency that create or perpetuate disadvantage for a group that shares a protected attribute (ADA s 4).

In many jurisdictions, representative complaints operate in a manner similar to class actions and are progressed through a litigation-focused framework. The NT model is deliberately different and provides a conciliatory pathway for credible organisations to address systemic discrimination at an organisational or structural level, without exposing individuals to the burden or risk of complaints processes, while preserving separate avenues for individual or joint complaints where personal remedies are sought.

Making a Representative Complaint

To make a valid representative complaint:

• The organisation must demonstrate credentials in representing the group affected (ADA s 64(1A)) (e.g. a peak body, Union, or advocacy group).
• The complaint must be lodged within two years of the discriminatory conduct (ADA s 65(1A)).
• The complaint must allege systemic discrimination (ADA s 62A).

The ADC must decide whether to accept or decline a representative complaint within 90 days (ADA s 66), although this is not a strict timeframe and in some circumstances may take longer.

Investigation and Reporting

Where the matter does not resolve through a conciliatory pathway, the ADC must investigate representative complaints where appropriate (ADA s 89A). After conducting an investigation, the ADC can publish a report with findings and recommendations to address any systemic discrimination. If systemic discrimination by a public body is found, the relevant Minister must table the report in Parliament within six sitting days (ADA s 89B).

Positive Duty

Positive Duty was introduced into the ADA on 2 January 2024 (part 2A). Prior to the introduction of Positive Duty, the onus was on individuals to bring complaints about discrimination, after conduct and likely harm had occurred. In contrast, Positive Duty places an obligation on individual respondents, organisations and businesses (including government agencies) to take proactive steps to prevent discrimination before it occurs. This approach is similar to work health and safety legislation which puts an obligation on workplaces to look out for and protect workers from physical or psychological harm.

Specifically, organisations and businesses must now take reasonable and proportionate measures to eliminate:

• discrimination
• sexual harassment; and
• victimisation

to the greatest extent possible (ADA s 18B).

Positive Duty applies across all 7 “areas of activity” in the ADA (education, work, accommodation, goods, services and facilities, clubs, insurance and superannuation and administration of government laws and programs). So, for example, Positive Duty applies to employers, small businesses offering goods and services, the police, prisons, schools, hospitals, and hotels. Positive Duty imposes an obligation to prevent discrimination in relation to all 24 protected attributes under the ADA. This means the businesses and organisations must take active steps to eliminate discrimination on the basis of race, sex, disability, religion, sexual orientation, and all other attributes listed under section 19 of the ADA.

Reasonable and proportionate measures

As noted above, Positive Duty requires a person to take “reasonable and proportionate measures” to eliminate discrimination. This obligation applies to all businesses and organisations, regardless of their size and resources. However, what is “reasonable and proportionate” will vary across organisations. Factors for determining if a measure is reasonable and proportionate under the ADA include (see s18D(3)):

• the size of the person’s business or operations
• the nature and circumstances of the person’s business or operations
• the person’s resources
• the person’s business and operational priorities
• the practicality and cost of the measure.

This means that what is reasonably expected will differ significantly between organisations. A large organisation with dedicated HR and legal resources may be expected to implement measures such as external anonymous reporting systems, whereas a small business or sole trader may instead be expected to have clear, accessible and safe internal reporting options, including anonymous pathways. While all organisations are required to take proactive steps, the nature and extent of those steps will vary depending on their size, resources and circumstances.Minimum Standards for Positive Duty Compliance

The ADC has developed 5 “minimum standards” to assist businesses and organisations to comply with Positive Duty.

Minimum Standard	Explanation
1. Intentional Leadership	Senior leadership visibly endorses anti-discrimination and respectful behaviour.
2. Risk Management	Proactively identify and manage risks of discrimination, sexual harassment and victimization.
3. Networks & Knowledge	Provide all staff with regular anti-discrimination and sexual harassment training. Engage with networks to build awareness and drive positive culture.
4. Reporting & Response Mechanisms	Provide safe, accessible, and confidential complaint pathways.
5. Continous Improvement & Transparency	Monitor, review and update policies, training, and compliance practices regularly.

Further Positive Duty resources are on the ADC website here.

Positive duty investigations

The ADC has powers to investigate compliance with Positive Duty under the ADA (ss 18C-18D).

After completing an investigation, the ADC can take any action it considers appropriate against the organisation or business. This can include enforceable undertakings, publishing a report on the outcome of the investigation, and making recommendations to address compliance. Reports may also be provided to the relevant Minister and tabled in Parliament.

Individuals cannot make Positive Duty complaints through the ADC’s standard complaints process. Positive Duty is directed at preventing and addressing systemic discrimination, rather than resolving disputes between individuals.

However, Positive Duty obligations may be raised and considered by the ADC during individual complaint conciliations and negotiations (ADA s 102). In practice, settlements have included commitments such as leadership participation in Positive Duty training, reviews of policies and procedures through a Positive Duty lens, and embedding Positive Duty principles into organisational frameworks with the support and guidance of the ADC.

ADC complaint summaries and conciliation outcomes

(Note: Summaries are de-identified and factually reframed.)

Complaint	Attribute(s) / Area of activity	Issue	Outcome
Edwina – transport refusal	Disability, goods, services and facilities	Refused transport service due to assistance animal.	Staff disciplined, discrimination training mandated.
Phil – tablet purchase refusal	Race, goods, services & facilities	Refused sale of tablet while non-Aboriginal customers were served.	Apology and free tablet provided.
Olga – workplace probation disparity	Race, work	Passed training but denied promotion due to English language pretext.	Permanent role secured; development plan created; discrimination training implemented.
Omar – lack of reasonable adjustment	Disability (mental health), work	Request for written feedback ignored; subsequently terminated.	Matter privately settled.
Frida – sexual proposition by manager	Sex, work (discrimination & sexual harassment)	Manager suggested sexual favours for promotion opportunity.	Matter privately settled.
Keith – sexual harassment by manager	Sexual harassment	Refused advances from manager, complaint dismissed by employer.	$16,000 compensation.
Alfie – accommodation special needs ignored	Disability, accommodation	Failure to provide incontinence pads, slept in soiled bedding.	Pads provided; air-conditioner installed; moved to single room.
Coral – age discrimination in retail	Age, work	Terminated after revealing age of 72 despite good performance.	$12,000 compensation, statement of service issued.
Yusuf – participation in sport	Disability, clubs, goods services & facilities	Child with disabilities not accommodated at a soccer club	Disability training for staff, inclusion policies updated.
Thuy – pregnancy discrimination	Pregnancy, work	Supermarket employee terminated soon after disclosing her pregnancy	$3,000 compensation, statement of service provided.
Raymond – race discrimination	Race, goods, services & facilities	Aboriginal man denied entry into a nightclub by security, while his lighter skinned friends were permitted entry.	$10,000 compensation.
Raylene – race discrimination	Race, goods, services & facilities	Pharmacy requested 10 month trespass notice preventing an Aboriginal woman from entering the store.	$8,000 compensation, discrimination training and statement of regret.
Mollie – sexual harassment at work	Sex, work (discrimination & sexual harassment)	Colleague touched her backside, leered at her and made comments about her appearance.	$25,000 compensation.

NTCAT case summaries

Case	Attribute(s)/ Area of activity	Issue	NTCAT’s Finding
Baker v NT (Department of Education) (2022)	Disability, education, goods, services and facilities.	Special school purchased non-wheelchair accessible bus. Alleged failure to accommodate wheelchair access for disabled student.	Bus purchase was reasonable. Complaint dismissed.
Baker v NT (Victimisation Allegation) (2022)	Disability	Trespass notice issued after discrimination complaint made to ADC. Victimisation alleged.	No causal connection. Complaint dismissed.
Gibson v NT (2022)	Race, religion, disability, goods, services & facilities	Transfer of Aboriginal youth between detention centers. Alleged failure to accommodate special needs.	Transfers between detention centers are not a “service” – so no relevant area of activity engaged. Complaint dismissed.
Lynch v Commissioner, Darwin Correctional Centre (2022)	Disability, goods, services and facilities.	Shaving aggravated Mr Lynch’s facial moles, prison required him to shave. Alleged failure to accommodate a special need.	No protected attribute or area of activity engaged. Complaint dismissed.
Trainor v Goodstart Early Learning Limited (2022)	Race, religion, goods services & facilities, education.	Childcare center required Maori child to remove necklace of religious and cultural importance while sleeping. Alleged failure to accommodate a special need.	Requirement to remove necklace while sleeping was reasonable for reasons of child safety. Complaint dismissed.
Eccles v North One PTY LTD & Ors (2021)	Disability, accommodation, goods, services & facilities	Mr Eccles believed respondents had terminated lease negotiations due to a belief he was a “drug addict”	Dependency on illicit substances does not engage the attribute of impairment (disability). Complaint dismissed.

Federal discrimination law

This handbook entry has primarily explained the NT’s discrimination law, which is found in the Anti-Discrimination Act 1992 (NT). Federal law also prohibits discrimination. While NT law prohibits discrimination against 24 protected attributes, Federal law only prohibits discrimination on the basis of age, disability, race and sex. Federal discrimination laws are found in the following legislation:

• Age Discrimination Act 2004 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Racial Discrimination Act 1975 (Cth)
• Sex Discrimination Act 1984 (Cth)
• Australian Human Rights Commission Act 1986 (Cth)

The Australian Human Rights Commission (AHRC) receives and handles complaints made under federal discrimination law. If you experience discrimination (or other prohibited conduct) in the NT on the basis of age, disability, race or sex, you can choose whether to make a complaint to the ADC or the AHRC, because both NT and federal laws cover these attributes.

The AHRC has different time limits and processes to the ADC, and the legal tests for discrimination vary in each jurisdiction. If you are unsure, you should seek legal advice about which complaint pathway is most appropriate for you.

Up to date information about federal discrimination law and the AHRC complaint process can be found on the AHRC website: https://humanrights.gov.au/

Contact Information

Northern Territory Anti-Discrimination Commission

Address: 9th Floor, 22 Mitchell Street, Darwin NT 0800

Postal: GPO Box 512, Darwin NT 0801

Telephone: (08) 8999 1444

Freecall: 1800 813 846

Email: antidiscrimination@nt.gov.au

Website: www.adc.nt.gov.au

Australian Human Rights Commission

Address: Level 3, 175 Pitt Street, Sydney NSW 2000

Postal: GPO Box 5218, Sydney NSW 2001

National Info Service: 1300 656 419

General Enquiries: (02) 9284 9600 or 1300 369 711

Website: www.humanrights.gov.au