Louise Elliot’s anti-discrimination case could be escalated to TASCAT

A Hobart City councillor accused of hate speech could have her matter escalated after a meeting with Tasmania’s anti-discrimination commissioner was cancelled. LATEST >>

Anti-trans activists outside the Tasmanian Parliament as Equality Tasmania and LGBTQI+ supporters counter protested the Let Women Speak rally in March. Picture: Chris Kidd

A Hobart City councillor who is facing a complaint which alleges she incited hatred toward transgender women could have her matter go before the Tasmanian Civil and Administrative tribunal, after concilliation with Tasmania’s anti-discrimination commissioner was cancelled.

Ms Elliot was supposed to meet with commissioner Sarah Bolt and a third party, who referred a complaint to the commissioner, in June

It’s alleged Ms Elliot incited hatred by mis-gendering transgender women, something she has denied.

“The Anti-Discrimination Commissioner cancelled the conciliation. The ball is in their court to decide whether they dismiss the complaint, arrange conciliation again, or progress the matter to the Tasmanian Civil and Administrative Tribunal,” Ms Elliot said.

Hobart City Councillor Louise Elliot. Picture: Chris Kidd

Ms Elliot did not believe she had incited hate speech.

“I support people being called by whatever name they choose and presenting themselves in whatever way they like,” she said.

“Disagreeing or being offended does not make what is being said instantly hate.”

Equality Tasmania spokesperson Lucy Mercer-Mapstone there was a responsibility which came with free speech.

“No right is absolute. With every right, including the right to free speech, comes a responsibility not to abuse that right to harm others,” Dr Mercer Mapstone said.

“The Tasmanian Anti-Discrimination Act gets the balance right between protecting free speech and prohibiting hate speech.”

Equality Tasmania vice president Dr Lucy Mercer- Mapstone. Picture: Chris Kidd

Dr Mercer-Mapstone said the case was one which would be watched closely.

“There have been cases about anti-transgender hate speech cases in Tasmania before which set important precedents for the current case,” Dr Mercer-Mapstone said.

“But given the wider, often heated debate on transgender issues, this case will be watched closely around the world.”

Equality Tasmania is not a party in this case.

Ms Elliot said she planned to defend her words.

“We understand how important this case is. Everyone has an implied right to freedom of expression and our laws can only go so far to restrict that and this is an obvious overreach,” she said.

“We’ll take this matter as high as we need to through the court system to protect that right.

“Equal Opportunity Tasmania is just doing their job and I value the role they play in preventing and addressing actual issues.”

Originally published as Louise Elliot’s anti-discrimination case could be escalated to TASCAT