Discrimination complaint against Councillor Louise Elliot moved to court after legal argument
A constitutional argument for “implied freedom of political communication” has scored Hobart councillor Louise Elliot a move to Magistrates Court over a discrimination complaint.
Tasmania
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The Tasmanian Civil and Administrative Tribunal (TASCAT) has ordered that a discrimination complaint against Hobart City councillor Louise Elliot move to the Magistrate Court, after questioning over the jurisdiction of Anti-Discrimination Act complaints.
On February 19 this year, Esmeralda Rosalia Isabelle Miller and Lucy Richmond filed a complaint with Equal Opportunity Tasmania alleging that Ms Elliot had breached the Anti-Discrimination Act through posts to her X account (formerly Twitter) between July 29, 2023 and February 19, 2024 and conduct at an outside event on February 19.
This includes directly discriminating based on gender identity, in connection with employment, undertaking conduct that was offensive, humiliating, intimidating, insulting or ridiculing based on gender identity and inciting hatred, serious contempt and/or severe ridicule based on gender identity.
The state’s Anti-Discrimination Commissioner referred this complaint to TASCAT on August 13 as it was unable to settle the matter.
Within the initial submissions to the Commissioner, Ms Elliot contended that section 19 of the Anti-Discrimination Act should be read down in settling the matter.
Section 19 states that a person must not incite hatred towards, serious contempt for, or severe ridicule of a person on the grounds of various factors, including gender identity.
Ms Elliot states the inclusion of Miller and Richmond’s complaint against section 19 conflicts with her “implied freedom of political communication” and should be read down and sent to the Magistrates Court.
Neither Miller nor Richmond objected to the matter being sent to the Magistrates Court.
“With there being no submission to the contrary and because this inquiry may involve the exercise of Federal jurisdiction in the Tribunal, the appropriate order is for this matter to be transferred to the Magistrates Court pursuant to s 131(2) of the TASCAT Act,” the tribunal wrote in its determination.
Ms Elliot said she and her legal team were prepared to “take this as high as required” and stated she hadn’t done anything wrong.
“The complaints are a complete waste of taxpayer money and of precious court time,” she said.
“I was threatened by the person, yet I’m the one that’s investigated.
“You can’t make this stuff up – it’s that absurd.
“This wasteful woke rubbish needs to stop – there’s real discrimination and hatred in the world, and this isn’t it.”
The Mercury contacted Lucy Richmond but did not receive a response.
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Originally published as Discrimination complaint against Councillor Louise Elliot moved to court after legal argument
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