Patten -V- State Of New South Wales [1997] NSWEOT

Patten -V- State Of New South Wales [1997] NSWEOT

The Tribunal found that the Respondents' conduct in stopping and publicly humiliating the Complainant was motivated by his race and constituted discrimination contrary to sections 7 and 19 of the Anti-Discrimination Act 1977 (NSW). By majority, the Tribunal further found, in all the circumstances including the public nature of the conduct and the use of the racial slur, that the Respondents' conduct amounted to racial vilification under section 20C(1) of the Act. The Tribunal found, on the balance of probabilities, that the police officers had consented to the recording, making the Listening Devices Act inapplicable. Damages were awarded for hurt, distress, humiliation, and other...

Jurisdiction
Australia
Judgment Date
21 January 1997
Procedural Posture
Discrimination Complaint / Final Decision
Outcome
Complainant succeeds in respect of claims for racial discrimination and by majority for racial vilification; damages awarded.
Legal Topics
['racial Vilification' 'discrimination on the Ground of Race' 'provision of Goods and Services' 'use of Listening Devices']
['anti Discrimination' 'administrative Law'] ['racial Vilification' 'discrimination on the Ground of Race' 'provision of Goods and Services' 'use of Listening Devices']

Case Brief

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Procedural Posture

Discrimination Complaint / Final Decision

Legal Issues

  1. 1 ['Whether the complainant was discriminated against on the basis of race in provision of services' 'Whether the Respondents engaged in racial vilification in breach of Section 20C of the Anti-Discrimination Act 1977 (NSW)' 'Whether the Listening Devices Act 1984 (NSW) prevents the use of certain recordings in the proceedings']

Ratio Decidendi

The Tribunal found that the Respondents' conduct in stopping and publicly humiliating the Complainant was motivated by his race and constituted discrimination contrary to sections 7 and 19 of the Anti-Discrimination Act 1977 (NSW). By majority, the Tribunal further found, in all the circumstances including the public nature of the conduct and the use of the racial slur, that the Respondents' conduct amounted to racial vilification under section 20C(1) of the Act. The Tribunal found, on the balance of probabilities, that the police officers had consented to the recording, making the Listening Devices Act inapplicable. Damages were awarded for hurt, distress, humiliation, and other...

Court Disposition

Complainant succeeds in respect of claims for racial discrimination and by majority for racial vilification; damages awarded.

Orders

  • ['The Respondents are ordered to pay the Complainant the sum of $25,000 by way of damages within 30 days from the date hereof.' 'No order as to costs.']