Submission to the Modernisation of the Northern Territory Anti-Discrimination Act Review

Similar documents
YWCA Darwin s Submission to the Modernisation of the Anti- Discrimination Act 1992 (NT) Discussion Paper. January 2018

IN THE IOWA DISTRICT COURT FOR POLK COUNTY

2015 Development Agenda

OUTER HOUSE, COURT OF SESSION [2017] CSOH 51 P380/16 OPINION OF LORD ARMSTRONG. In the petition of A I WALGATE & SON. Petitioner.

Realism in the Global South: A new perspective of the tools Realists have to analyze developing countries' foreign policy

Northern Territory. Multicultural Participation Discussion Paper

The Employment Law Changes Introduced on 6 April 2012

ACADEMIC STAFF MOBILITY IN CENTRAL AND EASTERN EUROPEAN COUNTRIES

Governance Documents

Supporting Australian Women from Culturally and Linguistically Diverse Backgrounds (CLDB) Women s Policy Statement 2007

UNIT I LESSONS FROM THE PAST

Welsh Language Commissioner: Strategic Equality Plan

Submission to the Senate Community Affairs Legislation Committee: Social Services Legislation Amendment (Welfare Reform) Bill 2017

Women and Children s Safety Program. Women s Refuges and Housing Program DRAFT Bill No. XXX, April 2016 draft

[SMUN GUIDE TO DELEGATE PREPARATION]

APPLICATION FOR MEMBERSHIP

Freedom of Information Policy

City of Toronto Public Appointments Policy

Schools Subject Access Request Procedures

Submission to Treasury on a Statutory Definition of Charity

Migration Advisory Committee Call for Evidence: EEA-workers in the UK labour market submission by the Sport and Recreation Alliance

Fair Work Amendment Bill 2012

ACS National Regulations. Australian Computer Society. April 2011

Understanding and Overcoming the Challenges of Voter Registration

Household Analysis of Poverty and Gender Dynamics in Sri Lanka: Drivers of Exclusions

Council of Academic Public Health Institutions Australia Incorporated. Constitution and Rules (as amended at the AGM on 23 October 2018)

Stream A Stream B Stream C Stream D

This is an Open Access document downloaded from ORCA, Cardiff University's institutional repository:

THE MAURITIUS FAMILY PLANNING AND WELFARE ASSOCIATION BILL (No. XIX of 2018) Explanatory Memorandum

National Disability Insurance Scheme (NSW Enabling) Act 2013 No 104

EC/68/SC/CRP.19. Community-based protection and accountability to affected populations. Executive Committee of the High Commissioner s Programme

Joanna Ferrie, Strathclyde Centre for Disability Research, University of Glasgow

EXPOSURE DRAFT. Australian Multicultural Bill 2017 No., 2017

If applicable: Further companies/ locations, integrated into VLOG-Certification. Page 1 of 2

Shrewsbury College. Policy Title. Policy Number Approved By Author. Date Issued January 2013 Policy Owner. Revision History

The Equal Rights Trust

Laws Relating to Individual Decision Making

Associate Editors. Support Contact. Website. Klarissa Lueg (Syddansk Universitet)

DISCRIMINATION (JERSEY) LAW 2013

Gauteng Provincial Legislature Private Bag X52 Johannesburg, 2000

ACT ARRANGEMENT OF ACT. as amended by

National Farmers Federation

International Legal Framework for Strengthening Nuclear Security. Dr. Igor Khripunov University of Georgia, USA

THE COMMON PARISH COUNCIL OF SUTTON & BARLAVINGTON MINUTES OF THE MEETING WEDNESDAY 14 th SEPTEMBER 2016 AT 7.30 pm SUTTON VILLAGE HALL

THE JERSEY LAW COMMISSION REPORT CORROBORATION OF EVIDENCE IN CRIMINAL TRIALS

Introduction. Andrew Leggatt, March 2001, Chapter 2 paragraph 2.18

Discrimination Act 1991

EQUALITY COMMISSION FOR NORTHERN IRELAND

FIRST AMENDMENT TO INTERLOCAL CONTRACT. Between DOUGLAS COUNTY, NEVADA. And CITY OF SOUTH LAKE TAHOE, CALIFORNIA

Australian Football Member Protection Policy August 2013

Beyond remittances: knowledge transfer among highly educated Latvian youth abroad

Convention on the Elimination of All Forms of Discrimination against Women

stated, within thirty (30) days from the date of the offer, but any offer may be withdrawn or revoked by

THE CHILDCARE BILL Memorandum prepared by the Department for Education for the House of Lords Delegated Powers and Regulatory Reform Committee

Building a New Iraq: Women s Role in Reconstruction Women s Role in Strengthening Civil Society Findings and Conclusions November 19, 2003

Child Tax Credit Regulations 2002

Child Tax Credit Regulations 2002

Introduction 2. What is Self-representation? 2. Who Can Self-represent? 2. Help for Self-represented Litigants 3

COURT: IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION. Neaves J.(1) HRNG CANBERRA #DATE 22:3:1991

Social Workers Registration Legislation Bill

Background: Human rights and Protection mandate of UNRWA

POLICING AND CRIME BILL DELEGATED POWERS MEMORANDUM MEMORANDUM BY THE HOME OFFICE

NATIONAL TRAVELLER WOMENS FORUM

Processes for family violence matters in the Magistrates Court: review and recommendations.

SCA Sanction Guide January 2018 Edition

Commentary: the ranking explosion

CONSTITUTION Volunteering Victoria Inc. Adopted on 2 December 2013

Supporting People from Culturally and Linguistically Diverse Backgrounds (CLDB) to be Part of Australian Society

Creating Inclusive Workplaces and Communities

DISCRIMINATION (JERSEY) LAW Revised Edition Showing the law as at 1 January 2017 This is a revised edition of the law

Origin. What Every Notary Should Know. Richard Alexander Gwinnett County Clerk of Superior Court. L aw re n c e v ille, G A Ju n e 2 0,

Human Rights Legislation Amendment Bill 2017 No., 2017

Equal Opportunity Act 1984

Indicators: volunteering; social cohesion; imprisonment; crime victimisation (sexual assault); child maltreatment; suicide.

Discrimination and Human Rights

Child Protection. Working with Children Checks Policy

Departmental Disclosure Statement

INQUIRY INTO EXCEPTIONS AND EXEMPTION TO THE EQUAL OPPORTUNITY ACT 1995

Policy and Procedures concerning Working with Children Checks

VAWA Policy Created 2/27/2016

The course of justice and inquiries exception (regulation 12(5)(b))

Family/Work Balance in Australia. Foreign Studies A 19 May 2015

Submission to the Standing Committee on Community Affairs regarding the Extent of Income Inequality in Australia

Renting Homes (Wales) Act 2016 Guidance relating to Supported Accommodation

Stream A Stream B Stream C Stream D

CHILDCARE ACT EXPLANATORY NOTES

An introduction to Community Legislation on Equal Treatment and the Novelties of the Recast Directive

CHAPTER 47:02 EMPLOYMENT OF NON-CITIZENS ARRANGEMENT OF SECTIONS

NEW DELHI END SEMESTER EXAMINATION (MAY-

OAKLAND COUNTY PROSECUTOR S OFFICE FOIA PROCEDURES AND GUIDELINES. 1. Availability of Procedures and Guidelines, and Its Summary

The EU Global Strategy: going beyond effective multilateralism?

Submission to the Inquiry on the Delivery of National Outcome 4 of the National Plan to Reduce Violence Against Women and Their Children

the general policy intent of the Privacy Bill and other background policy material;

THE BIG 33 COMMUNITY SERVICE PROJECT March 1, 2013-February 28, 2016

The Equal Rights Trust

Usage of any items from the University of Cumbria Repository Insight must conform to the following fair usage guidelines:

NHS Wyre Forest CLINICAL COMMISSIONING GROUP CONSTITUTION. Version: 1

GOLD COAST SCHOOLIES COMMUNITY SAFETY RESPONSE POSITIVE NOTICE (BLUE CARD) PAPERWORK CHECKLIST

No. 28 February 11, Administration on Aging 45 CFR Parts 1321 and 1327 State Long-Term Care Ombudsman Programs; Final Rule

Human Rights and Equal Opportunity Commission (Transitional Provisions and Consequential Amendments) Act 1986

Transcription:

Submission to the Modernisation of the Northern Territory Anti-Discrimination Act Review January 2018

Northern Territory Council of Social Service Inc (NTCOSS) NTCOSS is a peak body for the Northern Territory community sector and is a voice for people affected by social and economic disadvantage and inequality. The community sector in the Northern Territory is made up of community managed, nongovernment, not for profit organisations that work in social and community service delivery, sector development and advocacy. The sector plays a vital role in creating social wellbeing for all Territorians and in building safe and healthy communities by providing services that enable people to access and participate in health services, education, employment, economic development, and family and community life. NTCOSS represents a service sector with a high level of contact with individuals and their families who may face discrimination because of age, ability, race, gender, socioeconomic status. NTCOSS works towards a fair, inclusive and sustainable Northern Territory where all individuals and communities can participate in and benefit from all aspects of social, cultural and economic life. Introduction NTCOSS commends the Northern Territory Government for conducting this review and thanks it for the opportunity to provide a submission. While NTCOSS acknowledges the importance of all the issues covered in the Review, this submission will not cover the full range of matters. Broadly, NTCOSS supports the proposed amendments to the Northern Territory Anti- Discrimination Act, but where stated may specifically endorse the submissions of other social service organisations.

MODERNISATION REFORMS Gender and Sexuality Protections Under this section NTCOSS endorses the submissions of Rainbow Territory and organisations which specialise in gender and sexuality policy and service provision. Vilification Question 4 Should vilification provisions be included in the Act? Should vilification be prohibited for attributes other than on the basis of race, such as disability, sexual orientation, religious belief, gender identity or intersex status? NTCOSS supports the current definition of vilification in the Act. NTCOSS also endorses the position of Rainbow Territory. Additional Attributes Question 5 Should the Act create rights for people experiencing domestic violence in relation to public areas of life such as employment, education and accommodation? The inclusion in the Act of rights for people experiencing domestic violence in relation to public areas of life is supported by NTCOSS. NTCOSS suppo ts a d e do ses A gli a e NT s su issio to this p oposed a e d e t, as ell as those f o No the Te ito y o e s shelte s, NT Shelter and legal aid organisations. Question 6 Should the Act protect people against discrimination on the basis of their accommodation status? The use of a o odatio status as a oad des ipto a d p ohi ited g ou d fo dis i i atio ay p o ide a ea h outside ho eless ess, to i lude s e a ios i hi h renters, homeowners, or mortgagees facing discrimination because of these specific state of accommodation. NTCOSS endorses the NT Shelter submission to this review.

Question 7 Should la ful se o k e i luded as a att i ute u de the A t? Under this section NTCOSS endorses the submission of The Northern Territory, Sex Worker Outreach Program (SWOP NT) and the Sex Worker Reference Group (SWRG). Question 8 Should so ioe o o i status e i luded as a p ote ted att i ute? In the Northern Territory socioeconomic status may impact or inhibit a pe so s a ility to access essential services. Including socioeconomic status as a protected attribute in the Act will work to afford every Territorian, regardless of income or socioeconomic status of their living location, the right to equal access to services and support mechanisms. NEW REFORMS Question 10 Should a representative complaint model process be introduced into the Act? Should there be any variations to the process of the complaint model as described above? The Northern Territory Anti-Discrimination Commission has a mandate to promote equal opportunity for all Territorians, with the aim to eliminate discrimination from happening by raising a areness about indi idual s rights and responsibilities under the Northern Territory Anti-Discrimination Act. While it is imperative for individuals to be supported to assert their rights under the Act, a complaint model that suits all complaints or complainants is required. A representative complaint model that allows for representative bodies to bring about complaints of discrimination on behalf of a group of people is required. It is not unusual for individuals and/or groups to lack confidence or trust in legal and governance systems and procedures, or to lack the capacity to bring forward a complaint. The provision of power to lodge representative complaints for agencies and/or advocates on behalf of individuals and specifically groups - will allow the Anti-Discrimination Commission to more equally and effectively receive and deal with complaints.

REMOVING CONTENT THAT ENSHRINES DISCRIMINATION Question 14 Should any exemptions for religious or cultural bodies be removed? NTCOSS supports the proposal to remove the current exemptions and instead require religious bodies to apply for an exemption under the Act. As part of this process, the religious body would be required to justify and provide evidence as to why their service requires a particular exemption. CLARIFYING AND MISCELLANEOUS REFORMS Question 16 What a e ou ie s o e pa di g the defi itio of o k? Volunteers and unpaid workers make a significant contribution to the Northern Territory workforce and economy. In the NT not-for-profit sector alone 69% of organisations are suppo ted y olu tee o ke s. As su h, the defi itio of o k i the A t should be expanded to include volunteers, unpaid worker, trainees, interns etc. Question 17 Should Section 24 be amended to clarify that it imposes a positive obligation? NTCOSS supports the proposition that Section 24 be amended to more clearly express that it creates a positive duty on the employer, service provider, educator and accommodator etc., and e ou ages a p oa ti e espo se to e ual oppo tu ity athe tha a ea ti e espo se. Question 18 Is the a e E ual Oppo tu it Co issio e p efe ed to the a e A ti-discrimination Co issio e? The use of affirmative language can apply positive connotations to the work or issue at hand. Whilst it is important for the community to understand the legal and rights-based functions of anti-discrimination legislation, the use of equal opportunity instead of anti-discrimination clearly communicates the promotion of equality of opportunity and inclusion, as well as positive practices that support this. NTCOSS supports the name Equal Opportunity Commissioner.

Question 19 Is increasing the term of appointment of the ACD to five years appropriate? To align with similar roles in other states and territories in Australia, NTCOSS supports a 5-7 year appointment for the ACD MODERNISING LANGUAGE Question 21 Should the te pa e thood e epla ed ith a e espo si ilities? The oad te pa e thood a o e a range of responsibilities and relationships within families or other care arrangements. NTCOSS suppo ts the epla e e t of the te pa e thood ith a e espo si ilities, to include and reflect the diversity of formal or informal family, care, or kinship arrangements in the Northern Territory. Question 22 Should the te a ital status e epla ed ith elatio ship status? Since the commencement of the Act in 1993, the acceptance and undertaking of relationships other than traditional marriage has broadly increased. To reflect modern general acceptance a d a k o ledge e t of diffe e t types of elatio ships NTCOSS suppo ts the te a ital status to e epla ed ith elatio ship status i the A t.