Carter v Brown

The Administrative Decisions Tribunal of New South Wales heard a case between Brian Carter and two respondents, Jason Brown and Rodney Fisher, regarding claims of vilification and victimisation. Carter sought damages and an apology for conduct that allegedly contravened the Anti-Discrimination Act. The dispute centred on comments and actions made by Brown and Fisher, which Carter claimed caused him significant distress.

The Tribunal needed to determine whether the actions of the respondents constituted vilification and, in the case of Fisher, victimisation. It also had to assess the appropriate compensation for Carter and the necessity of an apology from the respondents. Furthermore, the Tribunal had to consider whether an injunction should be issued to prevent the respondents from repeating the offensive conduct.

The Tribunal found that Brown's conduct constituted vilification, while Fisher's conduct was found to be both vilification and victimisation. It awarded Carter $20,000 in compensation from Brown and $15,000 from Fisher. The Tribunal also mandated that both respondents publish apologies in a local newspaper and online publication. Additionally, it issued an injunction against the respondents to prevent any repetition of the offensive conduct. The Tribunal declined to award the costs of the applicant's disbursements for the vacated hearing day.

The Tribunal's decision was based on the evidence presented and the legal standards outlined in the Anti-Discrimination Act. It emphasised the importance of upholding anti-discrimination laws and the need for public accountability through the mandated apologies and injunctions.