CITATION: Tuck v Thompson and McGuire [2010] NSWADT 144 DIVISION: Equal Opportunity Division PARTIES: Applicant:
Respondent:
Roy Tuck
John Thompson (091135)
Patrick McGuire (091136)FILE NUMBER: 091135; 091136 HEARING DATES: 31 May 2010 SUBMISSIONS CLOSED: 31 May 2010
DATE OF DECISION:
9 June 2010BEFORE: Furness G - Judicial Member; Hayes E - Non-Judicial Member; Lowe A - Non-Judicial Member CATCHWORDS: Equal Opportunity- homosexual vilification- apology LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Anti-Discrimination Act 1977CASES CITED: Burns v Dye [2002] NSWADT 32
R v D and E Marinkovic [1996] EOC 92-841);
Anderson v Thompson [2001] NSWADT 11
Z v University of A & Ors (No 7) [2004] NSWADT 81
Veloskey &Anor v Karagiannakis & Ors [2002] NSWADTAP 18
Kazak v John Fairfax Publications Ltd [2000] NSWADT 77
O’Callaghan v Loder [1984] EOC 92-023 at 75,499; Waterhouse v Bell (1991) 25 NSWLR 99 at 106
JM and JN v QL and QM [2010] NSWADT 66
Qantas Airways v Gama [2008] FCAFC 69;
Reyes-Gonzalez v Sydney Institute Of Technology [1998] NSWEOT 6/3/98;
Ehl v Dept of Education and Training & NSW Teachers Federation [1999] NSWADT 102;
Commissioner of Police, New South Wales Police Service v Orr [2001] NSWADTAP 16;
Carter v Brown and Fisher [2010] NSWADT 109REPRESENTATION: Applicant Representative:
Respondent Representative:
C Mulvey, barrister
No appearance by either respondentORDERS: Each respondent is to publish one of the following signed apologies behind the glass on the notice board opposite the main lifts on the ground floor of the foyer of residential apartments at 3 Phillip Street, Waterloo for a period of at least 28 days.
The apology should be printed in at least 12 point font on at least an A4 size typed page.
"The Equal Opportunity Division of the Administrative Decisions Tribunal has found John Thompson, to be in breach of the homosexual vilification provisions of the Anti-Discrimination Act, which makes it unlawful for any person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of a person or group of persons on the grounds of homosexuality.
I apologise unreservedly for my conduct to Roy Tuck which caused the Administrative Decisions Tribunal to make its finding and which conduct has brought Mr Tuck unnecessary distress.”
"The Equal Opportunity Division of the Administrative Decisions Tribunal has found Patrick McGuire, to be in breach of the homosexual vilification provisions of the Anti-Discrimination Act, which makes it unlawful for any person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of a person or group of persons on the grounds of homosexuality.
I apologise unreservedly for my conduct to Roy Tuck which caused the Administrative Decisions Tribunal to make its finding and which conduct has brought Mr Tuck unnecessary distress.”
Each respondent is enjoined from continuing or repeating any of the speech or other conduct which has been found to constitute vilification.
REASONS FOR DECISION
Introduction and procedural matters
1 The applicant, Roy Tuck made a complaint against…
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- AGLC
- Tuck v Thompson and McGuire [2010] NSWADT 144
- Case
- [2010] NSWADT 144
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the respondents' conduct constituted vilification under the Anti-Discrimination Act and, if so, what the appropriate remedy should be. The court had to interpret the relevant provisions of the Act and determine the appropriate remedy to address the harm caused to the applicant.
The court found that the respondents' conduct did constitute vilification, as it incited hatred towards the applicant on the grounds of his homosexuality. The court noted that the remarks were made in a public context, which was a significant factor in finding a breach of the Act. The court held that the appropriate remedy was for the respondents to publish a signed apology and to be enjoined from repeating their conduct. The court detailed the form and content of the required apology, specifying that it must be prominently displayed and printed in a legible font size.
In its final orders, the court required each respondent to publish a specific apology on a notice board in their residential building for a minimum of 28 days. The court also enjoined the respondents from repeating any of the conduct that was found to constitute vilification.
Orders
Orders of the court
Each respondent is to publish one of the following signed apologies behind the glass on the notice board opposite the main lifts on the ground floor of the foyer of residential apartments at 3 Phillip Street, Waterloo for a period of at least 28 days.
The apology should be printed in at least 12 point font on at least an A4 size typed page.
"The Equal Opportunity Division of the Administrative Decisions Tribunal has found John Thompson, to be in breach of the homosexual vilification provisions of the Anti-Discrimination Act, which makes it unlawful for any person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of a person or group of persons on the grounds of homosexuality.
I apologise unreservedly for my conduct to Roy Tuck which caused the Administrative Decisions Tribunal to make its finding and which conduct has brought Mr Tuck unnecessary distress.”
"The Equal Opportunity Division of the Administrative Decisions Tribunal has found Patrick McGuire, to be in breach of the homosexual vilification provisions of the Anti-Discrimination Act, which makes it unlawful for any person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of a person or group of persons on the grounds of homosexuality.
I apologise unreservedly for my conduct to Roy Tuck which caused the Administrative Decisions Tribunal to make its finding and which conduct has brought Mr Tuck unnecessary distress.”
Each respondent is enjoined from continuing or repeating any of the speech or other conduct which has been found to constitute vilification.
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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