Margan v Manias [2013] NSWADT 177

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Margan v Manias [2013] NSWADT 177 Hearing dates: 3 July 2013 Decision date: 07 August 2013 Jurisdiction: Equal Opportunity Division Before: M Chesterman, Deputy President J Newman, Non-judicial Member P Smith, Non-judicial Member Decision: 1. The complaint of unlawful homosexual vilification is substantiated with regard to statements uttered by the Respondent in Oxford Street, Darlinghurst, during the period between 2 and 8 August 2010 and reproduced in paragraph [48] of this decision. 2. The Respondent is to pay to the Applicant the sum of $1,000 as compensation for the harm caused to him by the publication of these statements. 3. Within twenty-eight (28) days of the date of this decision, the Respondent is to procure, at his expense, the publication of the following apology as a quarter-page advertisement in the Sydney Star Observer: This apology is made pursuant to an order of the Administrative Decisions Tribunal of New South Wales (ADT) made on 7 August 2013. On a date between 2 and 8 August 2010, I uttered statements in Oxford Street, Darlinghurst, concerning homosexual men. On 7 August 2013, 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 homosexual men 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 the words that I used vilified homosexual men 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. Catchwords: Vilification on ground of homosexuality - meaning of 'incitement' - remedies Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Cases Cited: Collier v Sunol [2005] NSWADT 261 JM & JN v QL & QM [2010] NSWADT 66 Sunol v Collier (No 2) [2013] NSWCA 196 Category: Principal judgment Parties: Simon Margan (Applicant) Danny Manias (Respondent) Representation: In person (Applicant) No appearance (Respondent) File Number(s): 111101 Publication restriction: The address and other contact details of the Applicant are not to be published