Burns v McKee [2017] NSWCATAD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burns v McKee [2017] NSWCATAD 66 Hearing dates: 2 September 2015 (submissions closed 16 September 2015) Date of orders: 06 March 2017 Decision date: 06 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J Wakefield, Senior Member J Newman, General Member S Davison, General Member Decision: (1) The complaint of homosexual vilification in relation to the second sentence of the publication is substantiated. The complaint in relation to the balance of the publication is dismissed.

(2) Within 14 days of the date of this decision, the respondent is to post the following apology, attributed to him, on the Causes.com website and every website controlled by him, such apology to remain on the website for the life of the website or at least six months whichever is the lesser:-

"This apology is made pursuant to an order of the New South Wales Civil and Administrative Tribunal (NCAT) made on 06 March 2017.

Between 30 December 2013 and 16 June 2014 I published a statement on a website concerning homosexual people.

On 06 March 2017, NCAT held that my statement amounted to unlawful homosexual vilification in contravention of the Anti-Discrimination Act, 1977 (NSW). NCAT found that it was capable of inciting hatred or severe ridicule of or serious contempt for one or more homosexual people on the ground of their homosexuality. NCAT also found that my statement was not published reasonably and in good faith.

I apologise for publishing this statement. I acknowledge that the Act makes it unlawful to vilify homosexual people on the ground of homosexuality." Catchwords: ANTI-DISCRIMINATION – Civil and Administrative Tribunal (NSW) – Administrative and Equal Opportunity Division – vilification on grounds of homosexuality – public act – incitement – s 49ZT(2) exception Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Racial Discrimination Act 1975 (Cth) Racial and Religious Tolerance Act 2001 (VIC) Cases Cited: Bropho v Human Rights & Equal Opportunity Commission [2004] FCAFC 16 Burns v Corbett [2013] NSWADT 227 Burns v Cunningham [2011] NSWADT 240 Burns v Dye [2002] NSWADT 32 Burns v Laws (EOD) [2008] NSWADTAP 32 Burns v Laws (No 2) [2007] NSWADT 47 Burns v McKee [2015] NSWCATAD 106 Burns v McKee [2015] NSWCATAD 158 Burns v Sunol [2012] NSWADT 246 Burns v Sunol No 2 [2012] NSWADT 247 Burns v Sunol [2014] NSWCATAD 2 Burns v Sunol [2015] NSWCATAD 131 Catch the Fire Ministries Inc v Islamic Council of Victoria Inc [2006] VSCA 284 Collier v Sunol [2005] NSWADT 261 Corbett v Burns [2014] NSWCATAP 42 Dow Jones and Company Inc v Gutnick 210 CLR 575 Jones and Harbour Radio Pty Ltd v Trad [2011] NSWADTAP 19 Jones v Toben [2002] FCA 1150 Jones v Trad [2013] NSWCA 389 Margan v Manias [2015] NSWCA 388 Sunol v Burns [2015] NSWCATAP 207 Sunol v Collier (No 2) [2012] NSWCA 44 Trad v Jones (No 7) [2014] NSWCATAD 225 Western Aboriginal Legal Service v Jones [2000] NSWADT 102 Veloskey v Karagiannis (EOD) [2002] NSWADTAP 18 Texts Cited: Nil Category: Principal judgment Parties: Garry Burns (Applicant) Geoffrey McKee (Respondent) Representation: Solicitors: In person (Applicant) R Balzola & Associates (Respondent) File Number(s): 1410520 Publication restriction: Nil