Jones v Trad [2013] NSWCA 389

Jones v Trad [2013] NSWCA 389

The Appeal Panel erred by not finding that the Tribunal failed to identify the relevant audience for the purpose of determining incitement, and erred in not remitting the matter for proper consideration of Harbour Radio's exception under s 20C(2)(c); accordingly, the decision dismissing the appeal must be set aside and the complaints remitted to the Tribunal.

Jurisdiction
Australia
Judgment Date
20 November 2013
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed.
Legal Topics
['racial Vilification' 'interpretation of Anti Discrimination Act 1977 (nsw)' "meaning of 'public Act' and 'incite'" 'legal Requirements for Vilification' 'application of Exceptions Under S 20 C(2)' 'remittal of Matter to Tribunal' 'corporate Liability for Broadcast Content' 'powers of the Administrative Decisions Tribunal']
['anti Discrimination Law' 'administrative Law' 'statutory Interpretation' 'torts'] ['racial Vilification' 'interpretation of Anti Discrimination Act 1977 (nsw)' "meaning of 'public Act' and 'incite'" 'legal Requirements for Vilification' 'application of Exceptions Under S 20 C(2)' 'remittal of Matter to Tribunal' 'corporate Liability for Broadcast Content' 'powers of the Administrative Decisions Tribunal']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ["Whether both Mr Jones and Harbour Radio engaged in a 'public act' within the meaning of s 20B(a) of the Anti-Discrimination Act 1977 (NSW)" "Whether the Tribunal and Appeal Panel correctly identified and applied the legal test for 'incitement' under s 20C(1) of the Act" 'Whether the requisite incitement must be on the sole or dominant ground of race under s 20C(1)' "Whether Harbour Radio's s 20C(2)(c) exception was properly considered" "Whether Tribunal's 'review order' regarding policies and training was within power"]

Ratio Decidendi

The Appeal Panel erred by not finding that the Tribunal failed to identify the relevant audience for the purpose of determining incitement, and erred in not remitting the matter for proper consideration of Harbour Radio's exception under s 20C(2)(c); accordingly, the decision dismissing the appeal must be set aside and the complaints remitted to the Tribunal.

Court Disposition

Appeal allowed.

Orders

  • ["Order 1 made by the Appeal Panel on 20 October 2012 dismissing the appeal by the appellants from the Tribunal's decision in relation to the Schedule A broadcast be set aside." "In lieu, uphold the appeal by each of the appellants from the Tribunal's decision in relation to the Schedule A broadcast; set aside that...