Burns -v- Dye [2002] NSWADT 32

Burns -v- Dye [2002] NSWADT 32

The respondent's act of defacing the applicant's front door with graffiti—explicitly referencing homosexuality and advocating violence—constituted a public act capable of inciting hatred, serious contempt, or severe ridicule of the applicant on the ground of his homosexuality, and thus was unlawful homosexual vilification under s 49ZT(1) of the Anti-Discrimination Act 1977. Other acts, including verbal abuse and faeces incidents, did not satisfy the incitement requirement or causal link, and were dismissed.

Parties
Applicant: Gary Burns; Respondent: John Dye
Jurisdiction
Australia
Judgment Date
12 March 2002
Procedural Posture
Vilification Complaint (homosexual Vilification) / Final Determination by NSW Administrative Decisions Tribunal, Equal Opportunity Division
Outcome
Complaint substantiated in part; relief granted for the graffiti incident only; other allegations dismissed.
Legal Topics
Homosexual Vilification, Public Act, Incitement, Compensation, Apology
Anti Discrimination Law Equal Opportunity Homosexual Vilification Public Act Incitement Compensation Apology

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Parties

Gary Burns

Applicant

John Dye

Respondent

Procedural Posture

Vilification Complaint (homosexual Vilification) / Final Determination by NSW Administrative Decisions Tribunal, Equal Opportunity Division

Legal Issues

  1. 1 Whether the respondent committed unlawful homosexual vilification contrary to s 49ZT(1) of the Anti-Discrimination Act 1977
  2. 2 Whether various acts constituted public acts capable of inciting hatred, serious contempt or severe ridicule on the ground of homosexuality
  3. 3 Assessment of damages

Ratio Decidendi

The respondent's act of defacing the applicant's front door with graffiti—explicitly referencing homosexuality and advocating violence—constituted a public act capable of inciting hatred, serious contempt, or severe ridicule of the applicant on the ground of his homosexuality, and thus was unlawful homosexual vilification under s 49ZT(1) of the Anti-Discrimination Act 1977. Other acts, including verbal abuse and faeces incidents, did not satisfy the incitement requirement or causal link, and were dismissed.

Court Disposition

Complaint substantiated in part; relief granted for the graffiti incident only; other allegations dismissed.

Orders

  • The respondent (John Dye) to pay the applicant (Gary Burns) the sum of $1000 within 28 days.
  • The respondent to send a letter of apology as set out in Annexure A within 28 days of the date of these orders.