LGBT human rights cases in Tasmania
This section contains details of important LGBT human rights litigation under the tasmanian Anti-Discrimination Act.
Tasmania’s Anti-discrimination Act protects all Tasmanians from discrimination, harassment and incitement to hatred on a range of grounds including sexual orientation.
The Act has been recognised as one of the best in the world and has inspired several ground breaking cases against unfair treatment.
Below we summarise the outcome of some important cases taken under the Anti-Discrimination Act and give a snap shot of those still in progress.
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~ Details of cases currently before the Anti-Discrimination Commission
Dempsey v Laws & Dempsey v Newman
Background:
On January 5th 2004, Hobart gay man, Michael Dempsey, lodged two cases alleging incitement to hatred on the grounds of sexual orientation.
One was against radio personality, John Laws, and the other against football commentator, Sam Newman.
Click here for more information about the cases.
Status:
Both cases were accepted for investigation by the Anti-Discrimination Commission.
The case against John Laws was conciliated to the satisfaction of both parties.
The case against Sam Newman could not be conciliated and is before the Anti-Discrimination Tribunal.
Cain v the Australian Red Cross Blood Service
Background:
On August 2nd, 2005, Launceston gay man, Michael Cain, lodged a case alleging that the Australian Red Cross Blood Service ban on blood donation by sexually-active gay and bisexual men breaches the Tasmanian Anti-Discrimination Act.
Click here for more information
Status:
In early July 2006, after considering written submissions from both parties, the Anti-Discrimination Commissioner sent the case to a full hearing by the Anti-Discrimination Tribunal. The first directions hearing before the Tribunal will be on August 21st.
Delaney v Unwin & Delaney v the Tasmanian Liberal Party
Background:
On March 14th 2006, Hobart transgender woman, Martine Delaney, lodged two cases alleging incitement to hatred on the grounds of sexual orientation (including transsexuality).
One was against Scottsdale farmer, Roger Unwin, and the other was against the Tasmanian Liberal Party.
For more information click here.
Status:
The case against Roger Unwin was accepted for investigation by the Anti-Discrimination Commission. Click here for more details. Mr Unwin has provided a defence to which Ms Delaney has responded. A decision will soon be made about sending the case to the Anti-Discrimination Tribunal.
The case against the Liberal Party was rejected. Ms Delaney will appeal this rejection directly to the Anti-Discrimination Tribunal in a hearing on August 21st. Click here for more details.
Brinkely v Metro & Brinkley v the Mercury
In 2004 Hobart lesbian, Debra Brinkley, lodged a case alleging discrimination and harassment in her workplace, Hobart’s public bus company, Metro.
The case received significant media coverage.
In 2005 Ms Brinkley lodged another case alleging that some of this coverage was itself discriminatory and incited hatred on the grounds of sexual orientation.
Status
Both cases were accepted for investigation and proceeded to the Anti-Discrimination Tribunal.
In a decision handed down On December 22nd 2005 some of the Ms Brinkley’s allegations were upheld.
The case against the Mercury is still before the Anti-Discrimination Tribunal.
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~ Important decisions under the Tasmanian Anti-Discrimination Act
Houston v Burton
Background:
In 2003 Hobart transgender woman, Roz Houston, lodged a case with the Anti-Discrimination Commission alleging that harassment by her neighbour constituted discrimination on the grounds of sexual orientation (which in Tasmania includes transsexuality) in the area of accommodation.
Decision:
The case was eventually resolved in the Supreme Court in Ms Houston’s favour. The decision set a globally-important precedent by establishing that harassment by a neighbour constitutes discrimination in accommodation.
Click here for more information.