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 MemberDecision: 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 27Category: Principal judgment Parties: Garry Burns (Applicant)
Tess Corbett (Respondent)Representation: G Burns (Applicant in person)
No appearance (Respondent)
File Number(s): 131029
reasons for decision
Introduction
In a complaint to…
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- AGLC
- Burns v Corbett [2013] NSWADT 227
- Case
- [2013] NSWADT 227
- Decision Date
CaseChat Overview and Summary
The central legal issue the Tribunal had to resolve was whether Corbett's statements to the media constituted unlawful vilification of homosexual people. The Tribunal needed to examine whether the statements had the effect of inciting hatred or serious contempt of homosexual people on the ground of their homosexuality, as prohibited by the Act. Furthermore, the Tribunal had to consider whether Corbett's statements were made reasonably and in good faith for purposes in the public interest, which would provide a defence under the Act.
The Tribunal found that Corbett's statements were indeed capable of inciting hatred or serious contempt towards homosexual people based on their homosexuality. It was determined that the statements were not published reasonably and in good faith for purposes in the public interest, thereby failing to meet the criteria for a defence under the Act. Consequently, the Tribunal substantiated the complaint of unlawful homosexual vilification against Corbett. The Tribunal ordered Corbett to refrain from similar conduct in the future, to publish an apology in the Sydney Morning Herald, and to send a personal letter of apology to Burns within 28 days of the decision.
The Tribunal's orders mandated Corbett to cease any conduct that contravenes section 49ZT of the Anti-Discrimination Act 1977. Additionally, Corbett was required to procure a prominent apology in the Sydney Morning Herald, acknowledging the vilification of homosexual people and the breach of the Anti-Discrimination Act 1977. Corbett was also directed to send a formal letter of apology to Burns, acknowledging the unlawful nature of her conduct and apologising for the harm caused. These orders were designed to address the vilification and to promote tolerance, understanding, and acceptance in the community, as outlined in the Act.
Orders
Orders of the court
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
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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