By
Taylor O'Connor & Emma Thomson
|
05/05/2026
In Greenwich v Latham [2026] NSWCATAD 121, the NSW Civil and Administrative Tribunal (NCAT) ordered former One Nation MP Mark Latham to pay $100,000 to Sydney MP Alex Greenwich after finding unlawful vilification and sexual harassment. NCAT also made orders requiring the removal of vilifying material from online platforms and restraining further repetition of the conduct.
Background of Case
The NCAT proceedings related to a 2023 tweet published by Mr Latham that was reported to be so offensive that media outlets refused to repeat it.
The NCAT matter also involved Mr Latham’s comments to a newspaper, a radio show, and a response tweet, which were reported as being capable of inciting certain responses from an ordinary audience member.
The tweet was reported as having been published in response to an article quoting comments from Mr Greenwich that were critical of Mr Latham’s attendance at a Catholic school to speak about religious freedom and “protecting [non-government] schools from Alphabet Activism and lawfare”.
NCAT’s Findings
NCAT found that what Mr Latham said about Mr Greenwich was so highly offensive and derogatory that it amounted to both vilification and sexual harassment.
NCAT found the comments were capable of inciting an ordinary member of Mr Latham’s audience to have hatred towards Mr Greenwich, or serious contempt for him, or to severely ridicule him on the basis of his homosexuality.
“Online Space” as a Workplace
A key takeaway from the case is that the online space is a workplace for not only politicians but other employees, and that communications published online against colleagues can be subject to sexual harassment laws.
That aspect of the decision is likely to be of broader interest beyond politics, because many workplaces now operate partly (or substantially) through:
Damages
NCAT awarded $100,000 in compensation to Mr Greenwich, the sum being the maximum amount the Tribunal is permitted to award.
Evidence of Impact
The decision records evidence from Mr Greenwich about the impact following the publication of the material, including:
The loss and damage included suffering affecting Mr Greenwich in the workplace, at home, and in the public space.
Other Orders made by NCAT
In addition to damages, NCAT ordered Mr Latham to:
Workers Compensation Implications
Although the current was determined in NCAT and concerned vilification and sexual harassment findings, cases involving alleged workplace harassment or discriminatory conduct can also have a workers compensation dimension where the conduct causes or contributes to a psychological injury (for example, anxiety, depression, PTSD or adjustment disorder). In NSW, workers compensation focuses on injury and capacity for work and may include support such as treatment expenses and, depending on the circumstances, weekly payments if an injured worker has reduced capacity to work. Whether a workers compensation claim is available is fact-specific and depends on medical evidence and the causal connection between workplace and the injury. It is important to seek early legal advice to determine if a claim for unlawful vilification and sexual harassment or a workers compensation claim is more appropriate.
If you have sustained racial vilification or sexual harassment in the workplace, please do not hesitate to contact our office to arrange a confidential consultation.
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