Northern Territory Legislation

The Anti-Discrimination Act 1996 (NT), can be found here:

This act covers discrimination on a number of grounds and in a number of areas. The pertinent ground and area for the girl school uniform debate is sex and education.

While we encourage you to peruse the legislation document, we have outlined below the crucial areas for the girl school uniform debate:

Relevant sections for school uniforms:

Section 19  Prohibition of discrimination

(1)     Subject to subsection (2), a person shall not discriminate against another person on the ground of any of the following attributes:

(a)     race;

        (b)     sex;

Section 20  Discrimination

(1)     For the purposes of this Act, discrimination includes:

(a)     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

(b)     harassment on the basis of an attribute,

in an area of activity referred to in Part 4.

(2)     Without limiting the generality of subsection (1), discrimination takes place if a person treats or proposes to treat another person who has or had, or is believed to have or had:

(a)     an attribute; or

(b)     a characteristic imputed to appertain to an attribute; or

(c)     a characteristic imputed to appertain generally to persons with an attribute,

less favourably than a person who has not, or is believed not to have, such an attribute.

(3)     For discrimination to take place, it is not necessary that:

(a)     the attribute is the sole or dominant ground for the less favourable treatment; or

(b)     the person who discriminates regards the treatment as less favourable.

(4)     The motive of a person alleged to have discriminated against another person is, for the purposes of this Act, irrelevant.

Section 29  Discrimination in education

(2)     An educational authority shall not discriminate:

(a)     in any variation of the terms and conditions of a student’s enrolment; or

(b)     by failing or refusing to grant, or limiting, access to any benefit arising from the enrolment that is supplied by the authority; or

(c)     by excluding a student; or

(d)     by treating a student less favourably in any way in connection with the student’s training or instruction.