Lamb v Campbell

The applicant, William "Billie" Lamb, brought a complaint against the respondent, Wayne Campbell, under the Anti-Discrimination Act 1977, alleging that Campbell had engaged in racial vilification against him. The case was heard by the NSW Civil and Administrative Tribunal, which found in favour of the applicant. Campbell, a resident of Taree, had made a series of derogatory remarks towards Lamb, a Wiradjuri man of the Dubbo clan, on the grounds of his race. The tribunal substantiated the complaint and determined that Campbell's remarks were vile, racist, and homophobic, and that Lamb had not in any way invited or deserved the treatment he received.

The legal issues before the tribunal included whether Campbell's conduct constituted racial vilification under the Anti-Discrimination Act 1977, and if so, what remedies should be imposed. The tribunal held that the conduct of the respondent did indeed constitute racial vilification, as it incited hatred towards, serious contempt for, or severe ridicule of a person on the grounds of their race. Given the seriousness of the breach, the tribunal ordered Campbell to pay Lamb damages of $2,250 and to publish a public statement in the Manning River Times acknowledging the racial vilification. The tribunal also provided for additional damages if Campbell failed to comply with the publication requirement.

The tribunal found that Campbell's public acts were unlawful under the Anti-Discrimination Act 1977, as they incited hatred towards, serious contempt for, or severe ridicule of a person on the grounds of their race. The tribunal ordered Campbell to pay Lamb damages of $2,250 within four weeks of the decision's publication. Additionally, Campbell was required to publish a public statement in the Manning River Times within two months of the decision, acknowledging the racial vilification. The tribunal also stipulated that if Campbell failed to comply with the publication requirement, he would be liable to pay further damages of $2,250 within three months of the decision's publication. Finally, the tribunal granted liberty to apply in relation to the terms of the apology and its publication within seven days.