Southey v The Australian Press Council [2023] NSWCATAD 29

Southey v The Australian Press Council [2023] NSWCATAD 29

Leave was refused because, even taking the applicant's case at its highest, the evidence did not show a reasonable or real prospect of establishing less favourable treatment or causation. The article's references to the victim's transgender status were found not to be gratuitous, and the report was respectful and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 February 2023
Procedural Posture
Complaint of Transgender Discrimination Under S38 M of the Anti Discrimination Act 1977 / Application for Leave to Proceed After Anti Discrimination NSW Declined the Complaint Under S92, and Application for Joinder
Outcome
Leave to proceed with the complaint of transgender discrimination was refused, and leave for joinder with matter number 2022/00259002 was refused.
Legal Topics
['transgender Discrimination' 'leave to Proceed' 'lacking in Substance' 'comparator Analysis' 'less Favourable Treatment' 'causation' 'joinder']
['human Rights' 'equal Opportunity' 'anti Discrimination Law' 'administrative Law'] ['transgender Discrimination' 'leave to Proceed' 'lacking in Substance' 'comparator Analysis' 'less Favourable Treatment' 'causation' 'joinder']

Source-derived case record

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Procedural Posture

Complaint of Transgender Discrimination Under S38 M of the Anti Discrimination Act 1977 / Application for Leave to Proceed After Anti Discrimination NSW Declined the Complaint Under S92, and Application for Joinder

Legal Issues

  1. 1 ['Whether leave should be granted for the applicant to proceed with a complaint of transgender discrimination after Anti-Discrimination NSW declined the complaint as lacking in substance.' 'Whether the Daily Telegraph report treated the transgender victim less favourably by making prominent or gratuitous references to her transgender status.' "Whether the respondent treated the applicant's complaint less favourably by dismissing it rather than referring it for adjudication because it concerned transgender issues or because the applicant is a transgender person." 'Whether the complaint should be joined with matter number 2022/00259002.']

Ratio Decidendi

Leave was refused because, even taking the applicant's case at its highest, the evidence did not show a reasonable or real prospect of establishing less favourable treatment or causation. The article's references to the victim's transgender status were found not to be gratuitous, and the report was respectful and significant as an instance of violence against a minority group. There was also no documentary or other evidence that the respondent handled the applicant's complaint differently from other complaints, or that any non-referral for adjudication was because the complaint concerned transgender issues or because the applicant was a transgender person. It was therefore not fair or...

Court Disposition

Leave to proceed with the complaint of transgender discrimination was refused, and leave for joinder with matter number 2022/00259002 was refused.

Orders

  • ['Leave to proceed with the complaint of transgender discrimination is refused.' 'The application for the joinder of this complaint with the complaint made in matter number 2022/00259002 is refused.']