Burns v Corbett [2013] NSWADT 227

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Burns v Corbett [2013] NSWADT 227 Hearing dates: 3 October 2013 Decision date: 15 October 2013 Jurisdiction: Equal Opportunity Division Before: M Chesterman, Deputy President D Kelleghan, Non-judicial Member A Lowe, Non-judicial Member Decision: 1. The complaint of unlawful homosexual vilification is substantiated with regard to statements, reproduced in paragraph [19] of this decision, that were made by the Respondent to the representatives of different newspapers on three occasions during late January 2013. 2. The Respondent is to refrain from conduct contravening section 49ZT of the New South Wales Anti-Discrimination Act 1977. 3. Within twenty-eight (28) days of the date of this decision, the Respondent is to procure, at her expense, the publication of the following apology in a reasonably prominent position in the Sydney Morning Herald: This apology is made pursuant to an order of the Administrative Decisions Tribunal of New South Wales (ADT) made on 15 October 2013. On three occasions during late January 2013, I made statements concerning homosexual people to the representatives of different newspapers, and expressly or implicitly authorised the publication of my statements by these newspapers. On 15 October 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 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 the words that I used vilified homosexual people 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 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 Garry Burns PO Box 77 PADDINGTON NSW 2021 Dear Mr Burns The Equal Opportunity Division of the Administrative Decisions Tribunal, in a decision dated 15 October 2013 and entitled Burns v Corbett, has found me to be in breach of provisions of the Anti-Discrimination Act 1977 which state that vilification of homosexual people, as defined in those provisions, is unlawful. I offer my apologies for that behaviour. Yours faithfully Tess Corbett Catchwords: Homosexual vilification - incitement - remedies Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Burns v Dye [2002] NSWADT 32 Carter v Brown [2010] NSWADT 109 GLBTI v Wilks & Anor [2007] QADT 27 Sunol v Collier (No 2) [2013] NSWCA 196 Wilson & McCollum v Lawson and Anor [2008] QADT 27 Category: Principal judgment Parties: Garry Burns (Applicant) Tess Corbett (Respondent) Representation: G Burns (Applicant in person) No appearance (Respondent) File Number(s): 131029