Burns v Sunol [2014] NSWCATAD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burns v Sunol [2014] NSWCATAD 61 Hearing dates: 4 October 2013 Decision date: 14 May 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President J Newman, General Member N Hiffernan, General Member Decision: 1. The following publications constitute homosexual vilification: Publication 1 (bold font), Publication 5, Publication 7 (excluding the publication of the YouTube video). 2. The following complaints of victimisation are substantiated: Publication 1 and Publications 3-11. 3. Within 14 days of the date of this decision, Mr Sunol is to remove the unlawful material identified in Orders 1 and 2 from every website controlled by him including Facebook and all material to the same or similar effect. 4. Mr Sunol is to refrain from publishing the material described in Orders 1 and 2 or material to the same or similar effect, on any website, controlled by him. 5. Within 14 days of the date of this decision, Mr Sunol is to post the following apology on every website controlled by him: This apology is made pursuant to an order of the NSW Civil and Administrative Tribunal (NCAT) made on 14 May 2014. On various dates between 7 November 2012 and 7 May 2013, I published statements on a website controlled by me: www.johnsunol.blogspot.com.au several comments concerning homosexuality and homosexual people. On 14 May 2014 NCAT held that my statements amounted to unlawful homosexual vilification. NCAT 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. I apologise for publishing these statements. I acknowledge that 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. 6. In default of compliance with Orders 3, 4 or 5, within the specified time, Mr Sunol is to pay Mr Burns damages of $2,500 for breach of any of those Orders. 7. Within 28 days Mr Sunol is to pay Mr Burns damages in the sum of $1,000 for the homosexual vilification. 8. Within 28 days Mr Sunol is to pay Mr Burns $2,000 for the victimisation. 9. Within 14 days of the date of this decision Mr Sunol is to post a signed letter of apology in the terms set out below to Mr Burns as follows: Mr Gary Burns PO Box 77 PADDINGTON NSW 2021 Dear Mr Burns The NSW Civil and Administrative Tribunal, in a decision dated 14 May 2014 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 10. In default of compliance with Orders 7, 8 or 9 within the specified time, Mr Sunol is to pay Mr Burns damages of $2,500 for breach of any of those Orders. 11. This matter is to be re-listed on 9 July 2014 at 2pm to determine whether Mr Sunol has complied with these Orders. Catchwords: ANTI-DISCRIMNIATION - racial vilification and victimisation - remedies Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Defamation Act 2005 Racial Discrimination Act 1975 (Cth) Cases Cited: Burns v Sunol (No 2) [2012] NSWADT 247 Burns v Sunol (No 2) [2014] NSWCATAD 44 Burns v Sunol [2012] NSWADT 246 Burns v Sunol [2014] NSWCATAD 2 Collier v Sunol [2005] NSWADT 261 Forge v Australian Securities and Investments Commission (2004) 213 ALR 574 Gamester Pty Ltd v Lockhart (1993) 112 ALR 623; 67 ALJR 547 Jones and Harbour Radio Pty Ltd v Trad [2011] NSWADTAP 19 Jones v Toben [2002] FCA 1150 Jones v Trad [2013] NSWCA 389 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Re Media Entertainment and Arts Alliance; ex parte Hoyts Corp Pty Ltd (1994) 119 ALR 206 Trad v Jones & anor (No 3) [2009] NSWADT 318 Category: Principal judgment Parties: Gary Burns (Applicant) John Sunol (Respondent) Representation: G Burns (Applicant in person) J Sunol (Respondent in person) File Number(s): 131062