R -V- .D & E Marinkovic [1996] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: R -V- .D & E Marinkovic [1996] NSWEOT

COMPLAINANT: R

RESPONDENT: D and E Marinkovic

NUMBER: 124 of 1995

Mr D Bitel ( Judicial Member ) TRIBUNAL: Ms M Alt (Member) Ms D Toltz (Member)

GROUNDS OF COMPLAINT: Homosexual and HIV/AIDS Vilification

DATES OF HEARING: 08/21/1996 DATE OF JUDGMENT: 09/19/1996

Complainant: Ms J Cabassi (Solicitor) Inner City Legal Centre LEGAL REPRESENTATIVES: Ms S Winters (Counsel)

Respondent: Self Represented

JUDGMENT IN FAVOUR OF:

Amendment to the apology of the judgment handed down on 19 September 1996

"apologise unreservedly to the complainant known as R for my speech and conduct which has been found by the Equal Opportunity Tribunal to constitute vilification in contravention of the Anti-Discrimination Act during the period."

1. THE FACTS

This is the first complaint to come before the Tribunal under Division 4 Part 4C and Part 4F of the NSW Anti-Discrimination Act. Broadly, these provisions make it unlawful for a person to vilify another on the basis of homosexuality or because the other is or is thought to be HIV/AIDS infected.

The proceedings were commenced by the Complainant following unsuccessful attempts by him to resolve the problems he was experiencing with his neighbours.

The Complainant is a single man born on 20 March 1970. He left school at the age of 15 and came to Sydney some years later.

He admits quite openly to being a homosexual person and also admits that at all material times he has been infected with the Human Immunodeficiency Virus.