Burns v Sunol (No 2)

[2016] NSWCATAD 97

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Burns v Sunol (No 2) [2016] NSWCATAD 97
Hearing dates:	On the papers
Date of orders:	18 May 2016
Decision date:	18 May 2016
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	A Britton, Principal Member M O’Halloran, General Member M Murray, General Member
Decision:	Pursuant to s 108(2)(g) of the Anti-Discrimination Act 1977 (NSW), the Tribunal declines to take any further action in the matter.
Catchwords:	EQUAL OPPORTUNITY — homosexual vilification — complaint found proven — whether the power to publish an apology can and should be exercised — decline to take further action
Legislation Cited:	Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW)
Cases Cited:	Burns v Sunol [2012] NSWADT 246 Burns v Sunol [2016] NSWCATAD 16 Burns v Sunol [2015] NSWCATAD 40 Burns v Radio 2UE Sydney Pty Ltd [2004] NSWADT 267 Burns v Corbett [2013] NSWADT 227 Burns v Sunol [2014] NSWCATAD 61 Burns v Sunol [2016] NSWCATAD 74
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

REASONS FOR DECISION

1. In a decision made on 21 January 2016, we found substantiated a complaint lodged by Gary Burns with the President of the Anti-Discrimination Board, alleging that John Sunol had published material on the internet that vilified homosexual persons in contravention of s 49ZT of the Anti-Discrimination Act 1977 (NSW) (the Act): Burns v Sunol [2016] NSWCATAD 16 (Burns 2016). In that decision we invited Mr Burns to advise the Tribunal and Mr Sunol of the orders, if any, he sought under s 108(2) of the Act and to provide supporting evidence and submissions. Mr Sunol was invited to provide evidence and submissions in reply. Both parties provided the Tribunal with brief written submissions.

2. In a letter to the Registrar dated 21 January 2016, Mr Burns wrote that he sought the following orders:

[Mr Sunol] is to publish an apology in the Newcastle Herald in a prominent position at his own expense and to also to apologise to the Applicant in writing.

Any such apology must be pursuant to the Anti-Discrimination Act 1977 (NSW) and to be written in a format determined by the Tribunal and not to by [Mr Sunol] himself.

3. Mr Sunol opposes the proposed orders.

4. Despite being directed to do so, neither party advised the Registrar whether they consented to the Tribunal deciding the issue of whether orders should be made under s 108(2) of the Act, “on the papers”. Given the narrow scope of issues to be determined, we are satisfied that this issue can adequately be dealt with in the absence of the parties and on the bases of the submissions provided. We therefore decided to exercise the power conferred by s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) to proceed to determine the issue of orders without holding a hearing.

Should Mr Sunol be ordered…