Transgender Vilification Complaint Against Binary and Kirralie Smith is Dismissed
In a victory for commonsense, the NSW Civil and Administrative Tribunal has declined to deal with a transgender vilification complaint against Kirralie Smith.
We have won another round of lawfare.
An application was made against Binary and me for vilification. It was first submitted to the anti-discrimination board which then referred it to the NSW Civil and Administrative Tribunal (NCAT).
During the 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.
A decision has finally been issued. You can read the entire judgment here.
Vilification Case Declined by the Tribunal
In a nutshell, these are the essential statements from the decision:
Decision: The Tribunal declines to deal with the application as it involves an exercise of federal jurisdiction.
- I am satisfied that the respondents genuinely raised the constitutional issue. I reject the applicant’s submission that an inference ought to be made that the respondents acted in an improper manner in raising the constitutional matters because it was late or because they failed to refer to Sunol in their submissions.
- As the Tribunal has no jurisdiction to determine these proceedings because they involve an exercise of federal jurisdiction, the application is declined.
- The Tribunal makes the following order:
The Tribunal declines to deal with the application as it involves an exercise of federal jurisdiction.
As an advocate for women and children and spokeswoman for Binary, I will continue to speak the truth.
No one can change their sex. Women’s sex-based rights are worth fighting for.
___
Republished with thanks to Binary.
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Another win. Thank you Jesus and Kirralie and the Binary team.