Supreme Court rules on ABC"s status in vilification case

The Supreme Court of Victoria has ruled that the Australian Broadcasting Corporation (ABC) is not a Commonwealth entity, allowing a discrimination lawsuit against it to proceed. This lawsuit was initiated by Australian Falun Gong practitioners who accused the ABC of inciting hatred through biased reporting on their spiritual discipline in 2020. They claimed that the broadcaster's programs violated the Racial and Religious Tolerance Act 2001, which led to public hostility against them. The case was initially heard in the Victorian Civil and Administrative Tribunal (VCAT) in August 2023. However, as the proceedings neared conclusion, the ABC raised a jurisdictional issue, prompting the VCAT to suspend hearings and transfer the case to the Supreme Court. The judge found that despite the ABC's establishment through parliamentary legislation, it operates independently from the federal government. Key findings included that the ABC's board is appointed through a merit-based process, and its staff are not classified as public servants under the Public Service Act 1999. This independence from direct government control was crucial in the court's decision, contrasting the ABC with entities like the Australian Securities and Investments Commission, which is recognized as a Commonwealth entity. As a result of the ruling, the VCAT will resume its proceedings, and the Falun Gong practitioners have been granted an indemnity certificate to recover costs related to the jurisdictional matter. This development marks a significant step in the ongoing legal battle concerning media representation and religious vilification in Australia.