NSW Anti-Discrimination Board: it’s unlawful to link to Andrew Bolt

Well, the NSW Anti-Discrimination Board has done it again.

It’s referred another complaint from the world’s most offended man to the NSW Civil and Administrative Tribunal.

Actually, it’s referred eight more complaints from Garry Burns against me to the Tribunal.

You can see Garry’s website and the nice pictures he puts up of me here.

For those who don’t know, Garry Burns is the man who offered to provide my address to Islamic organisations, forcing me to move my family for their safety. That’s how ‘anti-discrimination activists’ roll.

By the way, the NSW Anti-Discrimination Board thinks I’ve ‘victimised’ poor Garry by pointing these facts out. That’s how anti-discrimination boards roll. As a result, I face another costly legal proceeding and the prospect of a fine of up to $100,000. And if any fine is awarded, it’ll line Garry’s pockets.

It seems that the NSW Anti-Discrimination Board has a different understanding of the word ‘victimisation’ than the rest of the English speaking world.

As they say in the business, threatening the lives of conservatives can be rather lucrative, especially if they dare to talk about it. I know. Garry copied me in on an email he sent a while back to other homosexuals encouraging them to lodge complaints against me so that they could seize my house.

However, we’ll look at this whole ‘victimisation’ caper another time.

Today I want to focus on one complaint. The one about me linking to an Andrew Bolt article on Facebook.

You can see that Facebook post below:

You can read the complaint here.

You can read the NSW Anti-Discrimination Board’s initial letter notifying me of the complaint here.

You can read the Board’s letter notifying me that it had referred this complaint to the Tribunal here.

It states that the matter is being referred to the Tribunal because the President thinks it can’t be conciliated. It also states that the relevant section of the legislation was attached. But it wasn’t.

For the record, the President asked me if I would be willing to enter into conciliation this many times:

Zero

So I’m not sure how he arrived at his conclusion. Maybe Hey Hey It’s Saturday’s Plucka Duck machine has found a home in the black hole that lives in the basement of the NSW Anti-Discrimination Board.

At this point, I would like to bring in S.90C of the Anti-Discrimination Act (NSW) 1977. It states:

90C Progress reports

The President must, as frequently as is reasonably convenient and, in any event, at periods not exceeding 90 days, give notice to the parties to the complaint of the steps taken for the purpose of the investigation.

The eagle-eyed among you will have noticed that the Board’s initial letter was dated 6 August 2015 and the referral letter was dated 25 July 2016.

By my calculation, there are 354 days between those two dates.

The President’s progress reports about his ‘investigation’ are linked here.

You’ll notice that there is no link. That’s because the President of the NSW Anti-Discrimination Board seemingly does not obey the statutory regulations he administers. Again, that’s how anti-discrimination boards roll.

They don’t follow their own laws, but they insist on applying them to citizens living in other states who are not subject to them.

I’m sure it makes sense to the President of the Anti-Discrimination Board, even if I can’t follow it.

Anyway, I rang the NSW Anti-Discrimination Board to ask them about this little oversight last week. A lovely lady named Ms Connie Santiago answered the phone. I believe her title could well be ‘Official Grand High Commissar of Bureaucratic Excuses, Soulless Destroyer of Common Sense and Chief Advisor to the Committee Entrusted with Undermining Legal Processes’.

She told me that the Board did not believe it necessary or reasonable to provide me with a progress report blah, blah, blah. Then she said I would need to put my query in writing if I wanted more detail.

At that point, I was filled with indignation of the righteous variety. I may have even lost my temper.

Just so you know, I have already asked the President numerous times in writing why he fails to provide progress reports about his alleged investigations. He has not responded once. I believe it’s because he doesn’t ‘do’ investigations at all. He, and the entire NSW Anti-Discrimination Board, simply exists to destroy respondent’s lives.

That’s how anti-discrimination boards roll.

I also informed Ms Santiago – again – that the Tribunal ruled last year that there was no jurisdiction to hear complaints under the Anti-Discrimination Act (NSW) 1977 against people living outside New South Wales. You can read this ruling for yourself here.

I was told that that this ruling made the matter complicated. I’m still not sure how. In my mind it makes the matter very simple for the President to decline. And just so you know, the President has the power to decline complaints under the Act for this very reason. Or even for any other reason for that matter.

True, good ol’ Garry is appealing this decision. It may be overturned. But for the sake of all Australians, I hope not. Garry’s conduct should be confined to the state of New South Wales and the poor sods who voted in the government that funds the bureaucracy that exists only to process his never-ending complaint-a-thon (in fact, Gazza is responsible for almost all homosexual vilification complaints in the entire history of New South Wales).

This appeal now sits somewhere between the NSW Court of Appeal and my diminishing bank account. I understand that both the state of New South Wales and the Commonwealth are set to intervene. Who knows where it will end up?

But we do know where the NSW Anti-Discrimination Board wants it to end up.

It wants to be able to prosecute any Australian – indeed any citizen in the world – for the most mundane opposition to homosexual political activism.

It wants to be able to prosecute people like Andrew Bolt by proxy and without even notifying them that their words are about to be investigated in a legal proceeding.

Finally, it wants to be able to hold one person responsible for the actions of another.

This is totalitarianism, bureaucratic abuse and oppression straight out of 1984.

We can see this when we look at the complaint in detail. And we must remember that it is a complaint that I have incited hatred, serious contempt or severe ridicule of homosexuals. Yet the complaint focuses almost entirely on the words of other people published under license with Facebook.

I did not publish these words. I did not author them. Other people did.

Yet the Anti-Discrimination Board, with all its secret investigatory powers, seems to be unable to comprehend this. Again, it seems suspiciously like the Board just doesn’t ‘do’ investigations and instead works as a rubber stamp for Garry Burns who, unfortunately for many reasons, has admitted many times that he is obsessed with me.

Thank you, Lord, for providing my purgatory here on earth.

So the Board is pushing ahead with the case against me, even as it fails to include Facebook, Andrew Bolt or anyone else who was actually responsible for writing or publishing the words that offended poor Garry so greatly in the complaint.

The entirety of my own words in this complaint are these:

I disagree with Andrew Bolt. The battle for homosexual marriage is not over.

But I do agree with these points that he raises today:

There is simply no way that any reasonable person could find that these words have incited anything, least of all hatred. As such, it’s probably proof that no one reasonable works at the NSW Anti-Discrimination Board.

These words are clearly about homosexual marriage. So the Board is attempting to silence political opposition to homosexual marriage at a time when we are supposed to be having a national ‘debate’ and a plebiscite to legalise it.

And they clearly refer to an Andrew Bolt article, which I linked to. In order to demonstrate that I have not incited anything, I’ll now need to demonstrate that Andrew Bolt’s article has not incited anything either. That’s because this complaint is also about my link to that article.

It’s an artful way of putting Andrew Bolt on trial. And it’s deceptive too. The Board has decided that Andrew Bolt does not even need to be made aware of this complaint. As such, he is not able to defend his own words. However, I have notified Andrew Bolt of this situation.

At this point, I hope that all journalists and publishers are filled with the greatest concern. And they should be: the NSW Civil and Administrative Tribunal has already set a precedent that it can make findings that internet publications breach the Act, even though the actual author is not a party to the complaint or able to defend his writing. Instead, the publications came before the Tribunal via prosecutions of third parties that had linked to them.

It’s trial by stealth where the defendant is not able to defend himself at all. And it’s conducted in a division headed by a magistrate who helps to fundraise for homosexual legal organisations, even while she’s sitting in on matters where those outfits are representing complainants. That’s a clear breach of the Civil and Administrative Tribunal’s Code of Conduct.

I write about that here.

And this same magistrate was also recused from a matter involving Mr Burns because evidence was presented that she held private conversations with him. You can read that ruling here.

In Andrew Bolt’s article he resigns himself to accepting that homosexual marriage will be legalised.

I disagree with him on that score.

But I do agree with him on his reflection that legalising homosexual marriage will result in calls for polygamy, especially from the Islamic community. Apparently, the Board wants debate about this issue silenced too.

It’s time for the New South Wales Attorney General to intervene and end this entire farce.

When the Parliament of New South Wales passed the Anti-Discrimination Act (NSW) 1977, it wanted people to be able to express opinions. That’s why it legislated that the Act would not make unlawful:

a public act, done reasonably and in good faith, for academic, artistic, religious instruction, scientific or research purposes or for other purposes in the public interest, including discussion or debate about and expositions of any act or matter.

However, Garry Burns, the NSW Anti-Discrimination Board and the old NSW Administrative Decisions Tribunal teamed up to decide that basically nothing was reasonable or in the public interest. The Tribunal found that Victorian political candidate, Tess Corbett, was not entitled to this defence, even when she was asked on the campaign trail in 2013 about her views on proposed changes to anti-discrimination laws.

If a political candidate, presumably letting voters know what they think, is not able to express views as part of a debate or discussion about any act or matter in another state altogether, then no one is.

By the way, Garry Burns is pursuing Tess Corbett for contempt because she has not apologised in the Sydney Morning Herald to him. If he is successful, Tess could even end up in jail.

Some might say that this latest complaint won’t be successful; that the Tribunal will find in my favour again on jurisdiction and also fair public comment. Given the way things have gone in the past, that is some assumption to make.

Furthermore, it misses the point. This entire process is the punishment. Even if I win, it comes at my financial detriment. And it is a no cost tribunal, meaning Burns is unlikely to ever pay. In fact, the Tribunal has even ruled that I must pay his costs in an earlier appeal, even though I won it. That matter is now in the NSW Court of Appeal as well.

And if you are wondering how this has all come about, ponder this fact: the NSW Anti-Discrimination Board proudly reports to the NSW parliament that it consults with the Sydney Beat Project. This organisation exists to lodge complaints against police when they arrest homosexual men for engaging in acts of public indecency and it wants sex in public decriminalised.

Someone’s perverting justice in New South Wales and it’s not me. And if you’re expecting a response from the NSW Anti-Discrimination Board, don’t hold your breath. They’re protected by statutory secrecy provisions that mean they never have to be publicly accountable for their abuse of process and power.

Like I said, someone’s perverting justice in New South Wales.

*****

Thank you to all those who have donated to assist with legal fees in these matters. Your support is greatly appreciated but, more importantly, you have done a tremendous service to all Australians.

As we have found, when these matters get to real courts, we win. That’s why I’ll continue fighting: we stand a very real chance of knocking out state and federal anti-discrimination laws on the basis that they breach constitutional protections regarding political communication. While the politicians dither in Canberra and their respective state parliaments, we are securing real results.

If you wish to donate (and I hope that you do as my fees are building), please do so here.

 

Author: Bernard Gaynor

Bernard Gaynor is a married father of eight children. He has a background in military intelligence, Arabic language and culture and is an outspoken advocate of conservative and family values.

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7 Comments

  1. So I won’t link to Andrew Bolt.

    Here is the Brisbane Times link to the report of the QUT student, Alex Wood, being sued for ‘racism’ under the Racial Discrimination Act.

    http://www.brisbanetimes.com.au/queensland/qut-student-faces-200000-bill-in-facebook-post-racism-row-20160415-go7951.html

    A class action on this legal harassment of people making factual / evidence based statements has to roll. Targets of Offended Priviledge are not permitted to speak about this oppression for fear of compounding their offense to the Grievance and Victim Entitlement Industry.

    Those on the approved Victim Hierarchy are permitted to bang on all they want calling un-hyphenated Australians by shame terms like ‘racist’, ‘xenophobic’; calling men and men, boys and girls: ‘homophobic’, ‘transphobic’. No prohibition on freedom of speech here.

    A member of Victim Hierararchy can name, blame, shame and give all the offense to target group they want and their spew is priviledged speech backed by law.

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  2. And in short order it will be illegal to link to Michael Smith.

    http://www.michaelsmithnews.com/2016/08/the-new-york-times-on-julie-bishops-new-partners-the-clinton-guistra-slush-fund-.html#comment-6a0177444b0c2e970d01b7c886cdf4970b

    Just add Trump’s statement that Obama founded ISIS with Hillary as co-founder (and by implication the Clinton machinery)-

    http://www.nytimes.com/2016/08/11/us/politics/trump-rally.html?_r=0

    And Watch Under, Australia. The Bagel has landed.

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  3. Human ‘rights’ etc. was taken over in Canada by the homosexual grabbers too. They use every platform they can grab for their own selfish demands and to bully nations into their agenda.

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  4. The LBGTIQ power block is organised for the subversion of the host society. They are running a victim schtick on the opposition to shut down public debate and punish those on the ‘enemies’ list with legal harassment.

    The political elites allow this to happen as they have to at least keep up a pretense of speaking for normal and decent values.

    This is not over. Most people do not want ‘gay’ marriage.

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  5. The Anti Discrimination Board has been hijacked by gay activists. This person Burns exists as fall guy to feed them complaints. He will fall, that is for sure, and he will bring the homosexual vilification laws down with him, it is only a matter of time. You are correct, Bernard. Their aim is quite simple: it is to persecute you because they hate you. That is the irony, You are a victim of harassment motivated by hate, because of who you are and your conservative Christian family values. Listen to myself being interviewed here on this subject, in this radio interview for Truth News Australia (second hour). And guess what? Surprise, surprise. He put a complaint against ME to the Anti Discrimination Board for that interview. He wants money for victimisation even though I didn’t mention his bloody name once in the entire interview. What readers must understand is that Burns is not the problem. He would be nothing without the Anti Discrimination Board giving him oxygen and using him as a tool for furthering their homosexual agenda. Without the Anti Discrimination Board, Burns would just revert to who he is: a mental disability pensioner. Yet he has put out complaints based on the premise that it is homosexual vilification to associate sodomy with homosexuality. Look on the bright side, The story of Burns and the ADB is coming out, and it is going to be a cracker of an iconic Australian story, like Frank Hardy’s Power without Glory, with elements of Franz Kafka’s The Trial incorporated. And – if a retired High Court judge emerges to help Mr John Christopher Sunol – elements of the Australian comedy-drama The Castle could be thrown in. Link1 – the interview http://www.truthnews.com.au/archives/all/2016/01. Link 2 Mr Sunol’s blog commentary about homosexual vilification case law development https://johnsunol.blogspot.com/2016/01/sparkles-pony-look-at-case-of-child.html?m=1

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  6. IT SEEMS CLEAR TO ME THAT THE ABSURD NSW ANTI-DISCRIMINATION ACT & BOARD WHICH ARE PART OF THE EQUALLY ABSURD NSW HUMAN RIGHTS COMMISSION, IS FAR INFERIOR TO THE U.N HUMAN RIGHTS COMMISSION TO WHICH AUSTRALIA IS A SIGNATORY. UNDER THE U.N CHARTER IS SPECIFICALLY THE “UNIVERSAL DECLARATION OF HUMAN RIGHTS” WHICH ARTICLE 19 GUARANTEES THE RIGHT TO ABSOLUTE FREEDOM OF SPEECH. YOU MAY BE INCLINED TO READ AND DIGEST THAT ARTICLE 19?.IF I WERE YOU I WOULD BE WRITING TO THE DUMB-ARSED QUEER COMMISSIONER AND REMINDING HIM OF THIS, INFORMING HIM THATFOR VARIOUS RESONS I WITHDRAW FROM HIS ABSURD AND ILLEGAL GAME OF OF ‘let’s make his heterosexual life as difficult as possible”,THAT HE HAS NO JURISDICTION IN THE MATTER, AND THAT HE MIGHT INFORM GARY THAT YOU WILL NOT NOW OR ANYTME IN THE FUTURE ENTERTAIN HIS MALICIOUS, BASELESS AND UNWARRANTED “GAMES”.

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  7. So where does an irritating little creature get off filing these discrimination suits against Bernie while he openly victimises Bernie by the way he constantly files litigation suits against him. Not to mention the wording and pictures that he has on his site. He openly gloats about the way he is always filing against Bernie and that he is obsessed with him so doesn’t that actually constitute stalking? I wonder, can this little nuisance be sued for being a serial pest who knows nothing but to harass and try to ruin someones character after all it does classify himself as a serial litigant? Also do these laws that give these pests a platform work the other way, ie can Christians file a discrimination suit against homosexuals or muslims who DO openly vilify heterosexuals and Christians for their beliefs and moral lifestyle? This is just ridiculous, and with the 18c not being repealed and political correctness spiralling out of control it will all only get worse.
    Good luck Bernie battling this creep. There are thousands of Aussies behind you and remember good and righteous will always prevail in the long run. I know that doesn’t help the bank balance or the stress levels on your family but it is the truth, more than I can say for that very little man (sarc).

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Trackbacks/Pingbacks

  1. I need your help - Bernard Gaynor - […] you may have read, the NSW Anti-Discrimination Board has referred seven more complaints from Garry Burns to the NSW…
  2. NSW Anti-Discrimination Board: it’s unlawful to link to Andrew Bolt – Bernard Gaynor | Cranky Old Crow - […] Source: NSW Anti-Discrimination Board: it’s unlawful to link to Andrew Bolt – Bernard Gaynor […]
  3. News of the Week (August 14th, 2016) | The Political Hat - […] NSW Anti-Discrimination Board: it’s unlawful to link to Andrew Bolt Well, the NSW Anti-Discrimination Board has done it again.…

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