Burns v Sunol

[2016] NSWCATAD 16

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:	Burns v Sunol [2016] NSWCATAD 16
Hearing dates:	15 July 2015
Date of orders:	21 January 2016
Decision date:	21 January 2016
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	A Britton, Principal Member M O’Halloran, Member M Murray, Member
Decision:	1.   The complaint is substantiated. 2. Within 14 days of the date of this decision the applicant must: (i) file with the Tribunal and serve on the respondent a document setting out the orders, if any, he seeks under s 108(2) of the Anti-Discrimination Act 1977 (NSW) and any evidence and submissions in support of that application; (ii) notify the Tribunal and the respondent in writing whether he consents to the issue of what orders, if any should be made, being determined “on the papers”. 3.   Within 14 days of the receipt of the material referred to in Order (2) the respondent must: (i) file with the Tribunal and serve on the applicant any evidence and submissions in reply; (ii) notify the Tribunal and the applicant in writing whether he consents to the issue of orders, being determined “on the papers”.
Catchwords:	EQUAL OPPORTUNITY — homosexual vilification — whether a publication was a public act of the respondent — whether the publication had the capacity to incite hatred towards, serious contempt for, or severe ridicule of homosexual persons
Legislation Cited:	Anti-Discrimination Act 1977 (NSW)
Cases Cited:	Burns v Sunol [2012] NSWADT 246 Burns v Sunol [2015] NSWCATAD 40 Catch the Fire Ministries Inc & Ors v Islamic Council of Victoria Inc [2006] VSCA 284 Jones v Toben No 2 [2003] FCAFC 137; (2003) 199 ALR 1 Jones v Trad [2013] NSWCA 389 Margan v Manias [2015] NSWCA 388 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; (1997) 194 CLR 355 Sunol v Burns [2015] NSWCATAP 207 Sunol v Collier and anor. (No 2) [2012] NSWCA 44 Western Aboriginal Legal Service v Jones [2000] NSWADT 102
Category:	Principal judgment
Parties:	Garry Burns (Applicant) Christopher Sunol (Respondent)
Representation:	Solicitors: G Burns (Applicant in Person) R Balzola & Associates(Respondent)
File Number(s):	1510181

Judgment

1. In 2014 Garry Burns lodged a complaint with the President of the Anti-Discrimination Board (respectively “the President” and “the Board”) about John Sunol, the respondent in these proceedings. The complaint concerns content published on the internet, which Mr Burns contends vilifies homosexuals. Section 49ZT of the Anti-Discrimination Act 1977 (NSW) (the Act) makes it unlawful for a person, by a “public act”, to incite hatred towards, serious contempt for, or severe ridicule of a person on the ground that the person(s) is, or is thought to be homosexual.

2. The material which is the subject of Mr Burns’ complaint was published on a website apparently operated by a third party, Luke McKee (the offending content). Mr Burns contends that Mr Sunol invited followers of his blog to view the offending content by placing on his blog a…