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NCAT declines to deal with the second vilification complaint
Two separate vilification complaints were made against me last year for identifying male soccer players in female teams.
Both complaints were submitted to the anti-discrimination board which then referred them to the NSW Civil and Administrative Tribunal (NCAT).
During the first hearing last November, the NSW Attorney General intervened to argue that NCAT was not capable of hearing the matter due to some of the arguments falling under federal jurisdiction.
In January the Tribunal announced they declined to deal with the application as it involves an exercise of federal jurisdiction. The applicant has since filed a vilification complaint against me in the local court and there will be a hearing for that matter in July.
The decision for the second vilification complaint was published today. You can read it here.
On 30 March 2023, Anti-Discrimination NSW (“ADNSW”) received a complaint from Riley Dennis against Kirralie Smith alleging transgender vilification pursuant to section 38S of the Anti-Discrimination Act (NSW) (“the Act”), regarding events alleged to have occurred from 27 March 2023 to 30 March 2023. On 27 July 2023, ADNSW referred the complaint to this Tribunal under s93C(a) of the Act because the President’s Delegate was of the opinion that the complaint could not be resolved by conciliation.
The parties filed consent orders on 26 February 2024 in the following terms:
The Tribunal does not have jurisdiction to determine the application because it involves an exercise of federal jurisdiction.
The Tribunal therefore declines to deal with the application.
So the matter will no longer be heard by NCAT. It remains to be seen whether the applicant will file this matter in a local court.
As an advocate for women and children and spokeswoman for Binary, I will continue to speak the truth. I will continue to question and expose policies that put females at risk, or that compromise the dignity, privacy or reality of being female.
No one can change their sex. Women’s sex-based rights are worth fighting for.
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