Hobart City councillor Louise Elliot’s complaint dismissed after court move

The Anti-Discrimination Commissioner has snuffed out the suggestion from controversial councillor Louise Elliot to overhaul the complaints process. Here’s why.

Magistrates Court. Picture: RICHARD JUPE

The Acting Anti-Discrimination Commissioner has responded to Hobart City councillor Louise Elliot’s call for a complaints process overhaul, stating all are ‘thoroughly assessed’ in line with relevant legislation.

The Acting Anti-Discrimination Commissioner Pia Saturno said all Tasmanians had a legal right to lodge a complaint of discrimination or prohibited conduct as detailed under the Anti-Discrimination Act.

“The complaint process is administered as per the relevant provisions of the Act and if a complaint is accepted, it will be investigated in accordance with the Act,” she said.

“Complaints are finalised through enforceable agreements through conciliation, dismissed under section 64, or referred to the Tasmanian Civil and Administrative Tribunal (TASCAT) for inquiry.”

Data from the Anti-Discrimination Commissioner’s latest Annual report in 2023-24 shows that of a total of 214 complaints lodged, only 115 were accepted.

Out of the lodged complaints, 43 were rejected, 26 were part accepted or part rejected, 17 were not valid and 13 were not accepted.

City of Hobart councillor Louise Elliot wants complaint process overhauled. Picture: Nikki Davis-Jones

Ms Saturno said that complaints all undergo a thorough assessment, including whether a complaint is “vexatious, misconceived or lacking in substance”.

Individuals who lodge complaints that are then withdrawn can also be pursued for costs, which Ms Saturno said is a “significant deterrent” for those thinking of lodging a complaint.

“The Anti-Discrimination Act protects the rights of individuals and groups to participate in public and social life, and is a key piece of law which seeks to prevent unfair treatment, address social inequalities, and provide an avenue for those who have been subject to unlawful treatment,” she said.

“Notwithstanding this, there are significant barriers in accessing justice for individuals and disadvantaged groups who experience discrimination and prohibited conduct to which a complaint could be made under the Anti-Discrimination Act.

“Commentary which discourages the lodgement of complaints, and therefore contributes to such barriers, would be unfortunate.”

Complaint against councillor dismissed

Initial: A discrimination complaint against Hobart City Councillor Louise Elliot slated for a hearing in court this year has been withdrawn, with Ms Elliot calling for a complaints process overhaul.

On February 19, 2024, 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.

These tweets also included comments Ms Elliot made relating to her attendance at a March 2023 rally.

The complaint alleged that the tweets directly discriminated based on gender identity, in connection with employment, undertaking conduct that was offensive or ridiculing based on gender identity and inciting hatred or ridicule based on gender identity.

Within the initial submissions to the Commissioner which were then transferred to the Tasmanian Administrative & Civil Tribunal (TASCAT), Ms Elliot contended the complaint should be read down and the matter moved to the Magistrates Court.

This was on the basis that she claimed a section of the Anti-Discrimination Act conflicted with her “implied freedom of political communication”.

Neither Miller nor Richmond objected when the matter was moved to the Magistrates Court and TASCAT ordered it be transferred on December 17.

New court documents have revealed both Ms Richmond and Ms Miller have had their bid to withdraw their complaint approved by Chief Magistrate Catherine Geason.

Ms Miller said she and Ms Richmond withdrew the complaint as it was “financially not really doable” to continue legal proceedings.

“That is why we were disappointed when TASCAT agreed to move the matter to Magistrates, we no longer had the representation with the tribunal and would have to pay for our own lawyer to fight this,” she said.

“We felt economically threatened.”

Ms Miller said that while she was confident with the strength of her case, TASCAT was “the best shot” she and Ms Richmond had to pursue the complaint.

Louise Elliot. Picture: Nikki Davis-Jones

Ms Elliot shared she wasn’t surprised the complaint was withdrawn, but said she was “looking forward” to getting a judgement that cleared any wrongdoing.

“Essentially, this complaint was around me describing a male person as male and stating my fair opinions related to women’s rights and evidence-based healthcare for kids”.

However, Ms Elliot said she is concerned about the complaints process hearing issues that “chew up resources”.

“The Commissioner needs to filter out complaints that chew up resources,” she said.

The Anti-Discrimination Commissioner was contacted for comment.

Originally published as Hobart City councillor Louise Elliot’s complaint dismissed after court move