Burns v Sunol [2012] NSWADT 246

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Burns v Sunol [2012] NSWADT 246 Hearing dates: 26 and 27 June 2012 Decision date: 28 November 2012 Jurisdiction: Equal Opportunity Division Before: M Chesterman, Deputy President E Hayes, Non-judicial Member A Lowe, Non-judicial Member Decision: 1. Within fourteen (14) days of the date of this decision, the Respondent is to remove the following material from every website controlled by him: (a) the statements reproduced as nos. 2, 4, 6, 7, 8, 10 (first three sentences only) and 14 in paragraph [28] of the decision; and (b) all material to the same or similar effect concerning homosexual men, lesbians or homosexuality. 2. The Respondent is to refrain from publishing the material described in Order 1 on any website, whether or not controlled by him. 3. Within fourteen (14) days of the date of this decision, the Respondent is to post the following apology, attributed to him, on every website controlled by him: - This apology is made pursuant to an order of the Administrative Decisions Tribunal of New South Wales (ADT) made on 28 November 2012. On various dates between 26 February 2010 and 24 July 2011, I published statements on various websites concerning homosexuality and homosexual people. On 28 November 2012, the ADT held that my statements amounted to unlawful homosexual vilification. The ADT found that they were capable, or had the effect, of inciting hatred or serious contempt of one or more homosexual people on the ground of their homosexuality. The ADT also found that my statements were not published reasonably and in good faith for purposes in the public interest. I apologise for publishing these statements. I acknowledge that, although I have no issue with homosexual people or homosexuality, the words that I used vilified homosexuals in breach of the New South Wales Anti-Discrimination Act 1977. The aim of this Act is to promote tolerance, understanding and acceptance in the community. The Act sets limits on what can be said or done in public. 4. The Respondent is to pay to the Applicant the sum of $3,000 as compensation for the harm caused to him by the publication, amounting to homosexual vilification, of the statements reproduced as nos. 2, 4, 6, 7, 8, 10 (first three sentences only) and 14 in paragraph [28] of this decision. 5. In addition to the amount stipulated in Order 4, the Respondent is to pay to the Applicant the sum of $3,500 as compensation for the harm caused to him by the publication, amounting to victimisation, of the statements reproduced as nos. 7 and 8 in paragraph [72] of this decision. 6. The Respondent is to forward a signed letter of apology, in the terms set out below, to the Applicant at the address set out below by ordinary post within 28 days of the date of these orders. Mr Gary Burns PO Box 77 PADDINGTON NSW 2021 Dear Mr Burns The Equal Opportunity Division of the Administrative Decisions Tribunal, in a decision dated 28 November 2012 and entitled Burns v Sunol, has found me to be in breach of provisions of the Anti-Discrimination Act 1977 which state that victimisation, as defined in those provisions, is unlawful. I offer my apologies for that behaviour. Yours faithfully John Sunol. 7. Within fourteen (14) days of the date of this decision, the Respondent is to remove from every website controlled by him the statements reproduced as nos. 7 and 8 in paragraph [72] of this decision. Catchwords: Homosexual vilification - victimisation - remedies Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Racial Discrimination Act 1975 (Cth) Cases Cited: Borg v Commissioner, Department of Corrective Services [2002] NSWADT 42 Burns v Dye [2002] NSWADT 32 Burns v Laws (No 2) [2007] NSWADT 47 Carter v Brown [2010] NSWADT 109 Chand v Rail Corp [2011] NSWCA 79 Cohen v Harguos; Karelicki v Harguos [2006] NSWADT 209 Cohen & anor v Harguos; Karelicki v Harguos (No 2) [2006] NSWADT 275 Collier v Sunol [2005] NSWADT 261 Collier v Sunol [2008] NSWADT 339 Commissioner of Police, NSW Police v Mooney (No 3) [2004] NSWADTAP 22 Jones v Toben [2002] FCA 1150 Jones and Harbour Radio Pty Limited v Trad (EOD) [2011] NSWADTAP 19 Kimble & Souris v Orr [2003] NSWADT 49 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Shaikh v Commissioner, NSW Fire Brigades (1996) EOC 92-808 Sunol v Collier (EOD) [2006] NSWADTAP 51 Sunol v Collier (No 2) [2012] NSWCA 44 Trad v Jones (No 3) [2009] NSWADT 318 Veloskey v Karagiannis (EOD) [2002] NSWADTAP 18 Category: Principal judgment Parties: Gary Burns (Applicant) John Christopher Sunol (Respondent) Representation: G Burns (In person - Applicant) J Sunol (In person - Respondent) File Number(s): 111024, 111043, 111120, 121023