Davis -V- Nunn [1998] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Davis -V- Nunn [1998] NSWEOT

COMPLAINANT: Jason Davis

RESPONDENT: Jody Nunn

NUMBER: 107 of 1997

TRIBUNAL: Judge H G Murrell S.C. ( Senior Judicial Member )

GROUNDS OF COMPLAINT:

DATES OF HEARING: 01/30/1998 DATE OF JUDGMENT: 03/06/1998

Complainant: Mr P Griffin (Counsel)

LEGAL REPRESENTATIVES: Respondent: Mr D Hillard (Solicitor)

President - Ms M Smyth (Solicitor)

JUDGMENT IN FAVOUR OF: Respondent

1. BACKGROUND

1.1 Pursuant to section 88(2) of the Anti-Discrimination Act 1977, on 22 August 1995 the complainant's mother lodged a complaint of racial vilification on behalf of the complainant.

1.2 It is alleged that on 18 August 1995 in a public place at Orange the complainant was subjected to racist taunts and was the object of a racially motivated assault by the respondent and others. As a consequence of the assault, the complainant sustained potentially serious spinal injuries.

1.3 On 15 September 1995 the President of the Anti-Discrimination Board wrote to the Attorney General stating: Pursuant to Section 89B(2) of the Anti-Discrimination Act 1977, I consider that an offence may have been committed under Section 20D of the NSW Anti-Discrimination Act 1977. Consequently, I am referring this complaint to you. . . . the Board is still in the process of establishing the final details regarding those person involved in the alleged assault … In order to preserve Mr Davis' rights under section 20D and to comply with my statutory obligation to make a referral to you, I am advising you of this matter within the required time but requesting that no further action is taken nor determination is made by you until I am able to advise you of the full details of this matter and the complete wishes of the complainant …I believe that your agreeing to my request will in no way prejudice the interests of the any of the parties concerned and will allow the Board adequate time to complete its investigations and provide you with further advice.