NSW Civil and Administrative Tribunal
New South Wales
Medium Neutral
Citation:
Burns v Sunol [2014] NSWCATAD 2
Hearing dates:
5 July 2013
Decision date:
22 January 2014
Jurisdiction:
Administrative and Equal Opportunity Division
Before:
Magistrate N Hennessy, Deputy President
Ms J Newman, General Member
Mr N Hiffernan, General Member
Decision:
1. The following complaints of homosexual
vilification are substantiated: the first, second,
third, fourth (paras 1 and 3), seventh, eighth (para
2), ninth and tenth publications.
2. The following complaints of homosexual
vilification are not substantiated: the fourth (paras
2, 4 and 5), fifth, sixth, eighth (para 1) and
eleventh publications.
3. The following complaints of victimisation are
substantiated: the fourth (paras 2, 4 and 5), fifth
(1st comment), sixth and seventh publication or
comment.
4. The following complaint of victimisation is not
substantiated: the fifth publication (2nd comment).
5. Within 14 days of the date of this decision, Mr
Sunol is to remove the following material from
every website controlled by him and all material to
the same or similar effect:
The first publication - set out at [30] above
The second publication - set out at [31] above
The third publication (YouTube clip) - set out at
[32] above
The first and third paragraphs of the fourth
publication - set out at [33] above