Jones And Harbour Radio Pty Limited v Trad (EOD) [2011] NSWADTAP 19

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Jones And Harbour Radio Pty Limited v Trad (EOD) [2011] NSWADTAP 19 Hearing dates: 23, 24 August 2010 and 14 October 2010 Decision date: 27 April 2011 Jurisdiction: Appeal Panel - Internal Before: R Madgwick, Deputy President R Perrignon, Judicial member E Hayes, Non -Judicial member Decision: 1.The parties are to file and serve within 14 days any written submissions (not exceeding 12 pages in length) as to whether the Appeal Panel should depart from the reasoning expressed in Khan v Commissioner, Department of Corrective Services [2002] NSWADT 209 and within 21 days any reply (not exceeding three pages in length) to the opposing party's submission. 2.The parties are to file and serve within 14 days any written submissions (not exceeding five pages in length) as to extending the appeals or either of them to the merits in the light of our reasons, and within 21 days any reply (not exceeding two pages in length) to the opposing party's submission. 3.The case is adjourned to a date to be fixed for further consideration. Catchwords: Anti-discrimination law - racial vilification - meaning of 'ethno-religious ... origin' in the s.4 definition of 'race' - whether the term 'Muslim' used in broadcasts should have been understood to fall within the statutory concept of a race. Anti-discrimination law - racial vilification - whether Administrative Decisions Tribunal's failure to accept sociological evidence about modern concepts of 'race' and the situation of Lebanese and/or other Muslims in Sydney society was a legal error. Anti-discrimination law - racial vilification - meaning "public act" in s20B Anti-Discrimination Act (NSW) - both presenter of talkback radio show as well as licensed broadcaster "broadcast" Anti-discrimination law - racial vilification - necessary to distinguish between the 'public acts' of the presenter and the licensed broadcaster respectively, since different defences might be available to each Anti-discrimination law - racial vilification - whether Tribunal failed to consider the actual material complained of objectively and impermissibly misused merely contextual material to enquire as to speaker's subjective state of mind Anti-discrimination law - racial vilification - whether Tribunal erred by failure to identify the actual audience to whom the material was directed Anti-discrimination law - racial vilification - whether s20C(1) is satisfied if 'race' was merely a reason rather than the reason for the act complained of Anti-discrimination law - racial vilification - meaning of 'fair report' in s 20C(2)(a) Anti-discrimination law - racial vilification - meaning of 'good faith' for the purposes of 20C(2)(c) Anti-discrimination law - racial vilification - Whether the Tribunal erred in law by awarding successful complainant damages for single short broadcast Legislation Cited: Anti-Discrimination Act Administrative Decisions Tribunal Act 1977 Defamation Act 2005 Cases Cited: Patten v NSW [1997] EOT(NSW) 90-91 Burns v Radio 2UE Sydney Pty Limited [2004] NSWADT 267 John Fairfax Publications Limited v Kazak (EOD) [2002] NSWADTAP 35 Veloskey & Anor v Karagiannis & Ors (EOD) [2002] NSWADTAP 18 Burns v Radio 2UE Sydney Pty Ltd & Ors [2004] NSWADT 267 Bropho v Human Rights & Equal Opportunity Commission [2004] FCAFC Nicholls & Nicholls v Director-General Department of Education and Training (No 2) [2009] NSWADTAP 20 Khan v Commissioner, Department of Corrective Services [2002] NSWADT 209 Mandla v Lee [1982] UKHL 7 Category: Principal judgment Parties: Alan Jones (Appellant/Cross Respondent) Harbour Radio Pty Limited (Appellant/Cross Respondent) Keysar Trad (Respondent/Cross Appellant) Representation: K Eastman (Appellant/Cross Respondent) K Nomchong (Respondent/Cross Appellant) Baker McKenzie (Appellant/Cross Respondent) Turner Freeman Lawyers (Respondent/Cross Appellant) File Number(s): 109004, 109005 Decision under appeal Citation: Trad v Jones & anor (No 3) [2009] NSWADT 318 Date of Decision: 2009-12-21 00:00:00 Before: Equal Opportunity Division File Number(s): 071036