15. This matter is to be re-listed on 21 February
2014 at 9.30am to determine whether Mr Sunol
has complied with these Orders.
Catchwords:
ANTI-DISCRIMINATION - racial vilification and
victimisation - meaning of incite
Legislation Cited:
Administrative Decisions Tribunal Act 1997
Anti-Discrimination Act 1977
Civil and Administrative Tribunal Act 2013
Racial and Religious Tolerance Act 2001 (Vic)
Cases Cited:
Bogie v The University of Western Sydney (1990)
EOC 92-313
Borg v Commissioner, Department of Corrective
Services [2002] NSWADT 42
Burns v Laws (No 2) [2007] NSWADT 47
Category:
Principal judgment
Parties:
Garry Burns (Applicant)
John Sunol (Respondent)
Representation:
In person (Applicant)
In person (Respondent)
File Number(s):
131012
REASONS FOR DECISION
INTRODUCTION
1
Mr Burns complains that Mr Sunol has vilified him and other homosexual men in
breach of the Anti-Discrimination Act 1977 (AD Act). Most of the allegedly
vilifying publications were on Mr Sunol's blog www.johnsunol.blogspot.com.au. Mr Burns also complains that Mr Sunol has
victimised him in breach of the AD Act for complaining about him. The alleged
victimisation is derogatory comments about Mr Burns on Mr Sunol's website
and in letters and emails.
2
Mr Burns has made numerous complaints of vilification and victimisation against
Mr Sunol. In 2012 the Administrative Decisions Tribunal (ADT), as it then was,
determined eight complaints in two decisions: Burns v Sunol [2012] NSWADT
246 and Burns v Sunol (No 2) [2012] NSWADT 247. We will call the first of
these decisions "the Tribunal's 2012 decision". In both those cases the ADT
found parts of Mr Burns' complaints to have been substantiated. Orders were
made for Mr Sunol to apologise, remove the offending material from his
website, refrain from publishing the same or similar material and to pay