The New South Wales Anti-Discrimination Board ignores the High Court

The New South Wales Anti-Discrimination Board (ADB) is out of control. It is now ignoring April’s High Court decision which upheld a previous decision in the Court of Appeal that it was unconstitutional for the ADB to refer Garry Burns’ complaints against me to the tribunal.

This is what the New South Wales Court of Appeal ruled in February 2017:

It follows that there is no operative power to refer such a complaint from the Anti-Discrimination Board to NCAT, nor for NCAT to determine a complaint which has been referred, nor for NCAT’s order purporting to determine such a complaint to be enforced.

In other words, the Anti-Discrimination Board has broken the law every time it has referred one of Garry Burns’ complaints against me to the NCAT (Civil and Administrative Tribunal). It has done that 22 times.

And this is what the President of the Anti-Discrimination Board wrote to me recently:

I have decided to refer [three more] complaints to the NSW Civil and Administrative Tribunal…

This letter came exactly one month after the High Court of Australia’s decision. The President of the ADB has just given the finger to the highest court in the land.

As a result, I have instructed my legal team to take any and all steps necessary to force the President of the ADB to comply with the rulings of the courts.

To do that I must go back to court. Again.

In fact, I’ll probably be party to 17 separate legal matters before the end of June:

  • Four new complaints from Garry Burns have been referred to the NCAT.
  • Three old complaints from Garry Burns have been ‘resurrected’ and transferred to the Local Court.
  • Seven further old complaints from Garry Burns are set to follow the same path.
  • And Garry Burns is now suing me for defamation for comments made by unknown third parties on Facebook.
  • Plus I must take my own legal action against Burns and the ADB to enforce the High Court ruling.

The New South Wales taxpayer has now funded more than 60 court cases in the ADB, NCAT and New South Wales court system for matters that the High Court has found to be unconstitutional.

Plus they’ve also forked out for the State of New South Wales to defend its unconstitutional system as well.

This four year saga would have cost taxpayers well into the millions by now. And the Thought Police are demanding that it continue.

So I need help again.

Firstly, please sign this petition calling on the New South Wales Attorney General to hold the ADB to account. It needs to be subjected to an inquiry that will scrutinise its culture, operations, activism and failure to abide by the law.

Secondly, don’t just sign the petition. Write to the Attorney General as well. Here are some things you can mention:

  • The ADB has ignored the High Court and Court of Appeal rulings that it cannot refer Burns’ complaints against me to the Tribunal.
  • The ADB refuses to examine whether Burns’ complaints are vexatious even though it has the power to do so.
  • The ADB refuses to act on evidence that Burns has offered my address to Islamic organisations.
  • The ADB refuses to act on evidence that Burns has lodged complaints to harass me and others.
  • The ADB refuses to act on evidence that Burns has lodged complaints for economic purposes and to avoid bankruptcy.
  • The ADB refuses to act on evidence that Burns has lodged complaints about his own comments on my Facebook page.
  • The ADB has admitted in writing that it does not keep respondents informed of its investigations, despite being required to do so by law.
  • The ADB does not ‘investigate’ complaints as required to do so by law but instead ‘rubber stamps’ activist complaints.
  • The ADB aids and abets political activists seeking to silence conservative and Christian Australians.
  • The ADB operates beyond its powers by accepting complaints against people who live and act outside New South Wales.
  • The ADB fails to send respondents’ evidence to the NCAT when it refers complaints and provides the NCAT with false and misleading statements about that evidence.
  • The ADB is demonstrably biased in that it marches in the Mardi Gras, has pledged allegiance to ‘Wear it Purple Day’ and advocates for homosexual marriage while accepting and ‘investigating’ complaints against those who oppose such things.
  • The ADB holds meetings with an organisation that campaigns to legalise sex in public.
  • The ADB accepts complaints against those who condemn homosexual men who stand naked in front of children.

The Attorney General’s address is:

The Hon. Mark Speakman, SC MP
GPO Box 5341
Sydney NSW 2001

Thirdly, I need financial support again. I know so many have donated so generously and I am humbled by that support. I cannot do this part by myself, as much as I wish I could. It is humiliating to have to keep asking, but I cannot get around it, so ask I must again:


Direct Debit:

  • BSB: 084 134
  • A/c: 85 137 5337
  • Name: Get Real Australia Trust

Cheque/Money Order:

  • Address: PO Box 766, Park Ridge, Qld, 4125
  • Name: Get Real Australia Trust

And fourthly, if you can pray, please do. As always, this is the prayer that has sustained me throughout this four year ordeal:

O God, who has appointed Mary, Help of Christians; St Francis Xavier, and St Teresa of the Infant Jesus Patrons of Australia; grant that, through their intercession, our brethren outside the Church may receive the light of faith, so that Australia may become one in faith under one shepherd, through Christ our Lord.  Amen.

  • Mary, Help of Christians, pray for us.
  • St Francis Xavier, pray for us.
  • St Teresa of the Infant Jesus, pray for us.

Finally, I cannot describe how frustrating it is to be forced into this situation by the ADB. It might have declared war on me four years ago but its latest actions show that it has now decided to do so illegally, willfully and with full knowledge of the courts’ rulings.

But the Anti-Discrimination ‘Thought Police’ don’t rule this nation yet and I am prepared to fight again. And I remain confident that we can win.

The ADB has completely over-reached and now it is time for a strong, sustained and focused counter-attack against its bullying. That is what I will do.

But, regardless, I will also know at the end of this battle that I have given everything for what is right. I thank all of you who have allowed me to do that.

Bernard Gaynor

Author: Bernard Gaynor

Bernard Gaynor is a married father of nine children. He has a background in military intelligence, Arabic language and culture and is an outspoken advocate of conservative and family values.

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  1. Could not the President of the Anti-Discrimination Board be arrested for breaking the ruling of the High Court?

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  2. Bernard, what did you say that is being referred?

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  3. The operations of the ADB or Committee of Public Safety or the Star Chamber or whatever they call themselves brings to a focus the question: Do we have rule of law in this nation or do we not?

    It is not enough for this Soviet to treat the citizens of Australia with contempt. As a law unto itself, it treats the High Court with contempt.

    To these PC commissars, the laws and courts of this nation are here to be ignored at their good pleasure. Everyone of them should be in jail for their contempt of the High Court.

    Post a Reply
  4. Donating again proudly ! Keep fighting ! What can be done , will be done !

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  5. Bernard,

    I have a few ideas which may or may not be helpful.

    1. It appears the NSW ADB is in (Indirect) contempt of the High Court. Put this matter before the HC of A pronto as the HC of A may not be amused to have its authority challenged. That’s if their Decision is BINDING…(if it isn’t oh dear !)

    2. I suggest that you put this matter before the NSW Attorney General ASAP. The NSWAG has the power to make the NSWADB ‘cease & desist’ & investigate their behaviour – especially if the AG can see they will lose big on a law suit. Simply put:

    Money talks – bullshit walks

    3. In the meantime NCAT should be aware of the HC of A ruling.

    4 Surely your local State member & State AG would be angry about the Illegal behaviour of a foreign State Gestapoing in their own Sovereign jurisdiction…..??? wouldn’t they ???

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    • No. QLD was a party in the high court case and sided with NSW. QLD wants NSW to be able to harass QLD christians, becasue the QLD gov are anti-christian communists and so is the NSW liberal governemnt. Only the commonwealth was on Gaynor’s side, and I believe Sth Australia

      Post a Reply
      • South Australia did not intervene but I think you would have to assume that it would have sided with the other states.

        The Commonwealth argument supported my case but I would not claim that it was on my side. More correctly, the Commonwealth wants exactly the same type of laws as the states were defending but it want to have power over those laws.

        So the Commonwealth was on the side of its power, not me…

      • Martin & Bernard,

        So the QLD Government is unsympathetic but, at least an open letter should still be sent to make the point & plea.

        I’m not a lawyer & I don’t know the details of you case but, I would hope that High Court Decisions still matter. The NSWADB is still (possibly) in contempt of the highest court in the land. This does matter.

        How the ordinary layman would read this (in your case) is that the NSW ADB & NCAT can go whistle Dixie for all its worth because you are outside of their jurisdiction – because the Highest Court of the land said so. You have no case to answer.

        It is precisely this sort of judicial tyranny on the part of the NSWADB & NCAT which breeds resentment for authority & if let go unchecked may one day lead to the sort of civil unrest nobody wants here.

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