The New South Wales Anti-Discrimination Board ignores the High Court

The New South Wales Anti-Discrimination Board (ADB) is out of control. It is now ignoring April’s High Court decision which upheld a previous decision in the Court of Appeal that it was unconstitutional for the ADB to refer Garry Burns’ complaints against me to the tribunal.

This is what the New South Wales Court of Appeal ruled in February 2017:

It follows that there is no operative power to refer such a complaint from the Anti-Discrimination Board to NCAT, nor for NCAT to determine a complaint which has been referred, nor for NCAT’s order purporting to determine such a complaint to be enforced.

In other words, the Anti-Discrimination Board has broken the law every time it has referred one of Garry Burns’ complaints against me to the NCAT (Civil and Administrative Tribunal). It has done that 22 times.

And this is what the President of the Anti-Discrimination Board wrote to me recently:

I have decided to refer [three more] complaints to the NSW Civil and Administrative Tribunal…

This letter came exactly one month after the High Court of Australia’s decision. The President of the ADB has just given the finger to the highest court in the land.

As a result, I have instructed my legal team to take any and all steps necessary to force the President of the ADB to comply with the rulings of the courts.

To do that I must go back to court. Again.

In fact, I’ll probably be party to 17 separate legal matters before the end of June:

  • Four new complaints from Garry Burns have been referred to the NCAT.
  • Three old complaints from Garry Burns have been ‘resurrected’ and transferred to the Local Court.
  • Seven further old complaints from Garry Burns are set to follow the same path.
  • And Garry Burns is now suing me for defamation for comments made by unknown third parties on Facebook.
  • Plus I must take my own legal action against Burns and the ADB to enforce the High Court ruling.

The New South Wales taxpayer has now funded more than 60 court cases in the ADB, NCAT and New South Wales court system for matters that the High Court has found to be unconstitutional.

Plus they’ve also forked out for the State of New South Wales to defend its unconstitutional system as well.

This four year saga would have cost taxpayers well into the millions by now. And the Thought Police are demanding that it continue.

So I need help again.

Firstly, please sign this petition calling on the New South Wales Attorney General to hold the ADB to account. It needs to be subjected to an inquiry that will scrutinise its culture, operations, activism and failure to abide by the law.

Secondly, don’t just sign the petition. Write to the Attorney General as well. Here are some things you can mention:

  • The ADB has ignored the High Court and Court of Appeal rulings that it cannot refer Burns’ complaints against me to the Tribunal.
  • The ADB refuses to examine whether Burns’ complaints are vexatious even though it has the power to do so.
  • The ADB refuses to act on evidence that Burns has offered my address to Islamic organisations.
  • The ADB refuses to act on evidence that Burns has lodged complaints to harass me and others.
  • The ADB refuses to act on evidence that Burns has lodged complaints for economic purposes and to avoid bankruptcy.
  • The ADB refuses to act on evidence that Burns has lodged complaints about his own comments on my Facebook page.
  • The ADB has admitted in writing that it does not keep respondents informed of its investigations, despite being required to do so by law.
  • The ADB does not ‘investigate’ complaints as required to do so by law but instead ‘rubber stamps’ activist complaints.
  • The ADB aids and abets political activists seeking to silence conservative and Christian Australians.
  • The ADB operates beyond its powers by accepting complaints against people who live and act outside New South Wales.
  • The ADB fails to send respondents’ evidence to the NCAT when it refers complaints and provides the NCAT with false and misleading statements about that evidence.
  • The ADB is demonstrably biased in that it marches in the Mardi Gras, has pledged allegiance to ‘Wear it Purple Day’ and advocates for homosexual marriage while accepting and ‘investigating’ complaints against those who oppose such things.
  • The ADB holds meetings with an organisation that campaigns to legalise sex in public.
  • The ADB accepts complaints against those who condemn homosexual men who stand naked in front of children.

The Attorney General’s address is:

The Hon. Mark Speakman, SC MP
GPO Box 5341
Sydney NSW 2001

Thirdly, I need financial support again. I know so many have donated so generously and I am humbled by that support. I cannot do this part by myself, as much as I wish I could. It is humiliating to have to keep asking, but I cannot get around it, so ask I must again:


Direct Debit:

  • BSB: 084 134
  • A/c: 85 137 5337
  • Name: Get Real Australia Trust

Cheque/Money Order:

  • Address: PO Box 766, Park Ridge, Qld, 4125
  • Name: Get Real Australia Trust

And fourthly, if you can pray, please do. As always, this is the prayer that has sustained me throughout this four year ordeal:

O God, who has appointed Mary, Help of Christians; St Francis Xavier, and St Teresa of the Infant Jesus Patrons of Australia; grant that, through their intercession, our brethren outside the Church may receive the light of faith, so that Australia may become one in faith under one shepherd, through Christ our Lord.  Amen.

  • Mary, Help of Christians, pray for us.
  • St Francis Xavier, pray for us.
  • St Teresa of the Infant Jesus, pray for us.

Finally, I cannot describe how frustrating it is to be forced into this situation by the ADB. It might have declared war on me four years ago but its latest actions show that it has now decided to do so illegally, willfully and with full knowledge of the courts’ rulings.

But the Anti-Discrimination ‘Thought Police’ don’t rule this nation yet and I am prepared to fight again. And I remain confident that we can win.

The ADB has completely over-reached and now it is time for a strong, sustained and focused counter-attack against its bullying. That is what I will do.

But, regardless, I will also know at the end of this battle that I have given everything for what is right. I thank all of you who have allowed me to do that.

Bernard Gaynor

Hold an inquiry into the New South Wales Anti-Discrimination Board

Dear Hon Mark Speakman SC MP

The New South Wales Anti-Discrimination Board (ADB) is an out of control body of political activists that is a threat to free speech in Australia.

Over the past four years it has:

- unconstitutionally referred more than 24 complaints to the New South Wales Civil and Administrative Tribunal (NCAT),
- refused to accept evidence that serial complainants are lodging complaints to financially hurt those they oppose,
- refused to accept evidence that serial complainants are lodging complaints to harass and damage the reputation of those they oppose,
- failed to pass this evidence to the NCAT, instead labelling it irrelevant,
- accepted complaints from activists who have complained about their own comments on the Facebook pages of those they harass,
- accepted racial vilification complaints against those who express concern about Islamic immigration,
- accepted homosexual vilification complaints against those who condemn naked homosexual men who stand naked in front of children,
- claimed it is unbiased even though it marches in the Mardi Gras, has pledged allegiance to 'Wear it Purple Day' and campaigned for homosexual marriage,
- allowed a serial complainant to lodge hundreds of complaints against a brain-damaged man incapable of understanding the law, and
- met regularly with a group that seeks to decriminalise sex in public.

In the case of Bernard Gaynor, more than 60 legal matters have been commenced as a result of the ADB's failure to abide by the Constitution. This has clogged up the NCAT and court systems. It has cost Bernard more than $200,000 and forced him to sell his home even though none of the complaints against him have been substantiated. Nor did he act outside the Constitution, as the ADB did.

Now the President of the Anti-Discrimination Board refuses to accept the ruling made by the Court of Appeal, upheld by the High Court, that it is unconstitutional for the President of the ADB to refer matters to the NCAT.

All of this has occurred because one activist who dislikes Bernard's view about marriage expressed in Queensland has been aided and abetted by an out of control 'Thought Police'.

In the case of Sonia Kruger, the ADB has sent a message that anyone who criticises Islam could wind up in costly legal proceedings.

And in the case of John Sunol, a brain-damaged man, the ADB has allowed hundreds of complaints even though the defendant is entirely incapable of defending himself or even understanding the consequences of the situation he faces. He may well end up in jail as a result.

None of this is in the public interest. None of this benefits the people of New South Wales. None of this should continue.

But all of it should be exposed to scrutiny.

I petition you to hold an inquiry into the conduct of the ADB, its culture and its failure to act within the Constitution.


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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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