Northern Territory
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected ground are prohibited under federal law and the laws of states and territories. Additionally, federal law and the laws of states and territories prohibit bullying, whether related to a protected ground or not. The federal government and state and territory governments have agencies that help employers and employees understand these legal requirements and ensure compliance with the laws.
Applicable Laws
Federal
The primary federal laws that prohibit employment discrimination include the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, and the Australian Human Rights Commission Act 1986.
The Fair Work Act 2009 provides protections against bullying and taking adverse action against an employee because of a protected attribute.
State or Territory
In the Northern Territory, the primary law prohibiting employment discrimination, including harassment, is the Anti-Discrimination Act 1992.
The Work Health and Safety Act 2011 provides protection from harassment and sexual harassment as a workplace hazard or risk.
Protected Grounds
Federal
Harassment or discrimination based on any attribute listed below is prohibited throughout Australia under federal law.
- Sex (including intersex status, pregnancy and breastfeeding)
- Sexual orientation
- Gender identity
- Race/Colour
- Immigrant status
- National or ethnic origin
- Disability
- Age
- Marital or relationship status
- Family responsibilities
State or Territory Law
Harassment or discrimination based on any attribute below is prohibited under the law of the Northern Territory.
- Race
- Sex
- Sexuality
- Age
- Pregnancy
- Parenthood
- Impairment
- Religious belief or activity
- Irrelevant medical record
- Marital status
- Breast feeding
- Trade union or employer association activity
- Political opinion, affiliation or activity
- Irrelevant criminal record
- Language (including sign language)
- Gender identity
- Sex characteristics
- Accommodation status
- Employment status
- Employment in sex work or engaging in sex work including past employment in sex work or engagement in sex work
- HIV/Hepatitis status
- Subject to domestic violence
Definition of Sexual Harassment
Under the Northern Territory Anti-Discrimination Act 1992, sexual harassment is an unwelcome sexual advance, request for sexual favours or unwelcome conduct of a sexual nature that offends, humiliates or intimidates.
A single event can constitute sexual harassment under the Anti-Discrimination Act 1992.
Examples of sexual harassment include:
- suggestive behaviour
- staring or leering
- sexual jokes
- sexual propositions or asking for sexual favours
- unwanted invitations for dates
- sexual or physical contact such as touching, slapping or kissing
- insults or taunts based on a person’s sex
- sexually offensive gestures
- sexually explicit materials or emails
- intrusive questions about someone’s private life or body
- sexting
Filing a Claim in the Northern Territory
A claim for employment discrimination or harassment based on a protected ground may be made to the Australian Human Rights Commission or the Northern Territory Anti-Discrimination Commission.
Complaints related to bullying and certain types of discriminatory actions may be made to the Australian Fair Work Ombudsman or to NT WorkSafe.
Potential Remedies
An employee who has experienced discrimination, harassment or bullying may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress the unlawful conduct. Examples of potential remedies are listed below.
- Compensation for lost wages or benefits
- Reinstatement, promotion, transfer or hiring
- Injunctions to stop unlawful conduct
Victimisation Prohibited
It is unlawful for an employer to engage in victimisation as to an employee who makes a claim or allegation as to discrimination or harassment or assists someone else to make such a claim or allegation.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.