Stevens v Hancock [2015] NSWCATAD 126

Stevens v Hancock [2015] NSWCATAD 126

The comment made by Mr Hancock in the courtyard of the housing complex—'You look like a fat man in a dress'—constituted unlawful transgender vilification under s 38S of the Anti-Discrimination Act 1977 (NSW). The content and circumstances of this public act meant it conveyed scorn and ridicule, and was capable of inciting serious contempt and severe ridicule from the ordinary member of the public group, based on Mrs Stevens' status as a transgender person. Other alleged acts were found not to meet the statutory threshold due to insufficient particularisation or lack of capacity to incite the relevant reactions.

Jurisdiction
Australia
Judgment Date
22 June 2015
Procedural Posture
Complaint (administrative/anti Discrimination) / Final Decision at Hearing
Outcome
Partial substantiation of complaint; specific finding of transgender vilification in relation to one incident.
Legal Topics
['transgender Vilification' 'public Acts' 'incitement of Hatred, Contempt or Ridicule' 'assessment of Capacity to Incite' 'tribunal Orders' "interpretation of 'public Act'"]
['anti Discrimination' 'equal Opportunity'] ['transgender Vilification' 'public Acts' 'incitement of Hatred, Contempt or Ridicule' 'assessment of Capacity to Incite' 'tribunal Orders' "interpretation of 'public Act'"]

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Complaint (administrative/anti Discrimination) / Final Decision at Hearing

Legal Issues

  1. 1 ["Whether Mr Hancock's comments to and about Mrs Stevens constituted unlawful transgender vilification under s 38S of the Anti-Discrimination Act 1977 (NSW)" "Whether the relevant acts were 'public acts' under the Act" 'Whether the conduct had the capacity to incite hatred towards, serious contempt for, or severe ridicule of Mrs Stevens on the basis of her being a transgender person' 'What remedy is appropriate if vilification is found']

Ratio Decidendi

The comment made by Mr Hancock in the courtyard of the housing complex—'You look like a fat man in a dress'—constituted unlawful transgender vilification under s 38S of the Anti-Discrimination Act 1977 (NSW). The content and circumstances of this public act meant it conveyed scorn and ridicule, and was capable of inciting serious contempt and severe ridicule from the ordinary member of the public group, based on Mrs Stevens' status as a transgender person. Other alleged acts were found not to meet the statutory threshold due to insufficient particularisation or lack of capacity to incite the relevant reactions.

Court Disposition

Partial substantiation of complaint; specific finding of transgender vilification in relation to one incident.

Orders

  • ['Within 28 days, Mr Hancock must provide Mrs Stevens and display in the Housing NSW premises a signed apology letter in specified terms.' 'If Mr Hancock does not comply with the above order within 21 days of the decision, he must pay Mrs Stevens the sum of $2,000.' 'The complaint is otherwise dismissed.']