Administrative Decisions Tribunal
New South Wales
Medium Neutral Citation: Margan v Manias [2013] NSWADT 177 Hearing dates: 3 July 2013 Decision date: 07 August 2013 Jurisdiction: Equal Opportunity Division Before: M Chesterman, Deputy President
J Newman, Non-judicial Member
P Smith, Non-judicial MemberDecision: 1. The complaint of unlawful homosexual vilification is substantiated with regard to statements uttered by the Respondent in Oxford Street, Darlinghurst, during the period between 2 and 8 August 2010 and reproduced in paragraph [48] of this decision.
2. The Respondent is to pay to the Applicant the sum of $1,000 as compensation for the harm caused to him by the publication of these statements.
3. Within twenty-eight (28) days of the date of this decision, the Respondent is to procure, at his expense, the publication of the following apology as a quarter-page advertisement in the Sydney Star Observer:
This apology is made pursuant to an order of the Administrative Decisions Tribunal of New South Wales (ADT) made on 7 August 2013.
On a date between 2 and 8 August 2010, I uttered statements in Oxford Street, Darlinghurst, concerning homosexual men.
On 7 August 2013, the ADT held that my statements amounted to unlawful homosexual vilification. The ADT found that they were capable, or had the effect, of inciting hatred or serious contempt of homosexual men on the ground of their homosexuality. The ADT also found that my statements were not published reasonably and in good faith for purposes in the public interest.
I apologise for publishing these statements. I acknowledge that the words that I used vilified homosexual men in breach of the New South Wales Anti-Discrimination Act 1977. The aim of this Act is to promote tolerance, understanding and acceptance in the community. The Act sets limits on what can be said or done in public.
Catchwords: Vilification on ground of homosexuality - meaning of 'incitement' - remedies Legislation Cited: Administrative Decisions Tribunal Act 1997
Anti-Discrimination Act 1977Cases Cited: Collier v Sunol [2005] NSWADT 261
JM & JN v QL & QM [2010] NSWADT 66
Sunol v Collier (No 2) [2013] NSWCA 196Category: Principal judgment Parties: Simon Margan (Applicant)
Danny Manias (Respondent)Representation: In person (Applicant)
No appearance (Respondent)
File Number(s): 111101 Publication restriction: The address and other contact details of the Applicant are not to be published
reasons for decision
Procedural history
This decision concerns a complaint by the Applicant, Simon Margan, that on and shortly before 9 August 2010 the Respondent, Danny Manias, engaged in conduct amounting to unlawful vilification on the ground of homosexuality.
On 6 August 2011, Mr Margan complained about this conduct to the Anti-Discrimination Board ('the Board'). In his complaint, he alleged that it amounted both to unlawful homosexual vilification under section 49ZT of the Anti-Discrimination Act 1977 ('the Act') and to the offence of serious homosexual vilification under section 49ZTA. On 25 August 2011, he sent further information to the Board regarding his allegations.
On 31 August 2011, the President of the Board advised Mr Margan…
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- AGLC
- Margan v Manias [2013] NSWADT 177
- Case
- [2013] NSWADT 177
- Decision Date
CaseChat Overview and Summary
The legal issues central to this case were whether the statements made by Manias constituted vilification, as defined by the Anti-Discrimination Act 1977, and if so, whether these statements incited hatred or serious contempt of homosexual men on the ground of their homosexuality. Additionally, the court needed to determine whether Manias's statements were published reasonably and in good faith for purposes in the public interest, which could potentially exempt them from being classified as vilification. The determination of these issues required an analysis of the content and context of the statements, as well as their potential impact on the targeted group.
The Tribunal found that the statements made by Manias were indeed capable of inciting hatred or serious contempt of homosexual men based on their homosexuality. It was held that the statements were not published reasonably and in good faith for purposes in the public interest. Consequently, the Tribunal concluded that the statements amounted to unlawful vilification. The Tribunal ordered that Manias pay Margan $1,000 as compensation and publish an apology as specified in the Tribunal's decision. This ruling underscores the importance of promoting tolerance and understanding within the community and sets a precedent for the enforcement of anti-discrimination laws in similar cases.
In summary, the Tribunal substantiated the complaint of unlawful homosexual vilification against Manias, ordered the payment of compensation, and mandated the publication of an apology. This decision reinforces the legislative intent to prevent vilification based on sexual orientation and to hold individuals accountable for their actions under the Anti-Discrimination Act 1977.
Orders
Orders of the court
1. The complaint of unlawful homosexual vilification is substantiated with regard to statements uttered by the Respondent in Oxford Street, Darlinghurst, during the period between 2 and 8 August 2010 and reproduced in paragraph [48] of this decision.
2. The Respondent is to pay to the Applicant the sum of $1,000 as compensation for the harm caused to him by the publication of these statements.
3. Within twenty-eight (28) days of the date of this decision, the Respondent is to procure, at his expense, the publication of the following apology as a quarter-page advertisement in the Sydney Star Observer:
This apology is made pursuant to an order of the Administrative Decisions Tribunal of New South Wales (ADT) made on 7 August 2013.
On a date between 2 and 8 August 2010, I uttered statements in Oxford Street, Darlinghurst, concerning homosexual men.
On 7 August 2013, the ADT held that my statements amounted to unlawful homosexual vilification. The ADT found that they were capable, or had the effect, of inciting hatred or serious contempt of homosexual men on the ground of their homosexuality. The ADT also found that my statements were not published reasonably and in good faith for purposes in the public interest.
I apologise for publishing these statements. I acknowledge that the words that I used vilified homosexual men in breach of the New South Wales Anti-Discrimination Act 1977. The aim of this Act is to promote tolerance, understanding and acceptance in the community. The Act sets limits on what can be said or done in public.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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