NSW 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 MemberDecision: 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: 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…
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- AGLC
- Burns v Sunol [2014] NSWCATAD 61
- Case
- [2014] NSWCATAD 61
- Decision Date
CaseChat Overview and Summary
The Tribunal was tasked with determining whether the content published by Sunol constituted unlawful vilification and victimisation under the New South Wales Anti-Discrimination Act 1977. Specifically, it needed to ascertain whether the publications in question incited hatred or serious contempt of one or more homosexual people on the ground of their homosexuality. Additionally, the Tribunal had to consider whether the complaints of victimisation brought by Burns were substantiated.
The Tribunal found that certain publications did constitute homosexual vilification, as they were capable of inciting hatred or serious contempt on the ground of homosexuality. It also found that certain complaints of victimisation were substantiated. Consequently, the Tribunal ordered Sunol to remove the identified publications from all websites under his control, including Facebook, and to refrain from publishing similar content in the future. Sunol was further required to post a public apology on his websites and to send a personal apology to Burns. Failure to comply with these orders would result in financial penalties, with specific damages awarded to Burns for the vilification and victimisation he experienced.
In summary, the Tribunal issued comprehensive orders aimed at rectifying the harm caused by Sunol's publications and ensuring compliance with anti-discrimination laws. The matter was set to be reviewed to ensure adherence to these orders.
Orders
Orders of the court
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.
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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