Jones and Harbour Radio Pty Limited v Trad (No 2) (EOD) [2011] NSWADTAP 62

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Jones and Harbour Radio Pty Limited v Trad (No 2) (EOD) [2011] NSWADTAP 62 Hearing dates: 23 & 24 August 2010, 14 October 2010 Decision date: 21 December 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 28 days any further written submissions (not exceeding five pages in length) as to the merits in the light of our reasons, and within 14 days after such service any reply (not exceeding two pages in length) to the opposing party's submission. 2. As to the direction of the Tribunal below that: "3. Within six months of the date of these orders the second respondent is to conduct review in accordance with [245] of these Reasons", the appeal of Mr Jones and Harbour Radio is extended to the merits on this point, the direction is set aside and in lieu the following direction is given: "3. Within six months of the date of these orders the second respondent is to conduct a review in accordance with [245] of these Reasons or furnish proof that it had already done so." 3. The case is adjourned to a date to be fixed for further consideration should the Tribunal consider that it cannot be determined upon the basis of the written material filed, in accordance with Section 76 of the Administrative Decisions Tribunal Act 1997. 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. Legislation Cited: Anti-Discrimination Act Administrative Decisions Tribunal Act 1977 Evidence Act 1995 Cases Cited: 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