Jones v Trad

This case concerned an appeal by Jones and others against a decision of an Appeal Panel, which had dismissed their appeal from a decision of the Tribunal. The dispute arose from a radio broadcast and complaints made under the *Anti-Discrimination Act 1977* (NSW). The core of the matter involved allegations of racial vilification during a radio program.

The Court of Appeal was required to determine several legal issues. These included whether the Appeal Panel erred in law by failing to consider the applicability of section 20C(2) of the *Anti-Discrimination Act 1977* separately for the radio station and the radio presenter. Further questions arose regarding the Appeal Panel's consideration of the capacity to "incite" racial hatred and whether race needed to be the sole or dominant ground for the incitement of the requisite emotion. Additionally, the Court considered whether the Tribunal had the power to order changes to policies affecting employees not directly involved in the conduct under dispute.

The Court found that the Appeal Panel had made errors of law. Specifically, it was held that the Appeal Panel had not properly considered the distinct roles of the radio station and the presenter in relation to section 20C(2) and had erred in its interpretation of the term "incite" and the requirement for race to be the dominant ground. The Court also noted that the Appeal Panel had not explicitly granted leave to consider the merits of a critical issue. Consequently, the Court allowed the appeal, set aside the Appeal Panel's order dismissing the appeal from the Tribunal's decision regarding the broadcast, and remitted the complaints to the Tribunal for redetermination in accordance with the law. The respondent was also ordered to repay $10,000.