Sunol v Collier (No 2) [2012] NSWCA 44

Sunol v Collier (No 2) [2012] NSWCA 44

Section 49ZT of the Anti-Discrimination Act 1977 (NSW) does not exceed the legislative power of the State as confined by the implied constitutional protection of political discourse and is not invalid on that ground, as it is reasonably appropriate and adapted to a legitimate government end compatible with the system of government prescribed by the Constitution.

Jurisdiction
Australia
Judgment Date
22 March 2012
Procedural Posture
Appeal / Principal Judgment
Outcome
Challenge dismissed; declaration granted
Legal Topics
['implied Freedom of Political Communication' 'homosexual Vilification' 'validity of Anti Discrimination Legislation' 'statutory Construction' 'good Faith Defence']
['constitutional Law' 'statutory Interpretation' 'anti Discrimination'] ['implied Freedom of Political Communication' 'homosexual Vilification' 'validity of Anti Discrimination Legislation' 'statutory Construction' 'good Faith Defence']

Case Brief

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Procedural Posture

Appeal / Principal Judgment

Legal Issues

  1. 1 ['Whether s 49ZT of the Anti-Discrimination Act 1977 (NSW) is invalid as infringing the implied freedom of political communication under the Constitution' "Meaning and operation of 'incite' in s 49ZT" 'Whether intention to incite is required under s 49ZT' 'Whose perspective determines incitement under s 49ZT (ordinary reasonable/ordinary member of class)' "Interpretation of 'reasonableness' and 'good faith' under s 49ZT(2)(c)"]

Ratio Decidendi

Section 49ZT of the Anti-Discrimination Act 1977 (NSW) does not exceed the legislative power of the State as confined by the implied constitutional protection of political discourse and is not invalid on that ground, as it is reasonably appropriate and adapted to a legitimate government end compatible with the system of government prescribed by the Constitution.

Court Disposition

Challenge dismissed; declaration granted

Orders

  • ['Declare that s49ZT of the Anti-Discrimination Act 1977 (NSW) does not exceed the legislative power of the State, as confined by the implied constitutional protection of political discourse, and is not invalid on that ground.' 'Summons otherwise dismissed.' 'No order as to costs.']