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The mayor of a Melbourne council failed to treat exiled Victorian Liberal MP Moira Deeming with “dignity, fairness, objectivity and respect” in a tweet criticising her attendance at an anti-transgender rights rally, an independent umpire has found.
An internal arbiter was called in to investigate a tweet and press release by Hobsons Bay mayor Tony Briffa over concerns the public statements breached the Councillor Code of Conduct.
Exiled Liberal MP Moira Deeming was not treated with fairness or respect in a mayor’s social media post, according to an independent umpire. Credit: Joe Armao
In the determination, seen by The Age, Liberal-aligned councillor Daria Kellander accused Briffa, who has been celebrated as the world’s first openly intersex mayor, of “targeting Mrs Deeming, labelling Mrs Deeming a leader of a violent rally and jointly as a trans/queer hater, neo-nazi” in a March tweet in an official capacity as mayor.
In her findings, dispute resolution lawyer Jo-Anne Mazzeo found the tweet “fell below the standard of conduct expected of a councillor”.
“The tweet clearly demonstrates a failure to treat a particular member of the local community with dignity, fairness, objectivity and respect and the arbiter was unable to conclude that the tweet could be read or interpreted as anything other than disrespectful towards Mrs Deeming,” Mazzeo found.
Briffa was also found to have breached the code in a May press release for singling out Deeming and labelling her “anti-trans” after the former Liberal MP backed a controversial petition against gender-neutral toilets.
“The arbiter finds that the singling out of one particular individual by name, in the way the media release does, demonstrates a failure to provide the individual (in this instance, Moira Deeming) with the same level of respect afforded to the rest of the local community, and also demonstrates a failure to comply with standard 1 (treatment of others),” Mazzeo found.
Deeming told The Age that being singled out in the press release was threatening to all residents who share her views.
Of the tweet, Deeming said: “What she [Briffa] said, using her official title as mayor, is an example of how so many people who are supposed to be public servants use their position and power to dehumanise and ruin the reputation of their political opponents.”
Briffa was contacted for comment. She did not cop a sanction as part of the determination.
“This decision was made taking into account the respondent’s conduct and demeanour throughout the course of the arbitration process,” Mazzeo wrote.
“At all times the respondent was measured and respectful towards both the arbiter and the applicant. The arbiter accepts the respondent’s submission that had Mrs Deeming approached her directly regarding her comments, she would have discussed the matter with her in a respectful manner.”
The arbiter also dismissed the allegation that Briffa misgendered Deeming in the May press release with the words: “I note suspended Liberal MP, Moira Deeming, also signed this petition. They are well known for their anti-trans women stance.”
The mayor was using inclusive language and did not intend to be disrespectful, Mazzeo found.
The determination comes just days after Deeming launched defamation proceedings in the Federal Court against Opposition Leader John Pesutto. Her statement of claim was filed earlier this month after months of mediation failed.
Deeming was expelled from the parliamentary Liberal Party in May after attending the controversial Let Women Speak rally on the steps of parliament in March. That rally was organised by British anti-trans rights activist Kellie-Jay Keen-Minshull and was gatecrashed by neo-Nazis.
Both Deeming and Keen-Minshull have said they had nothing to do with the men, who performed Nazi salutes on the steps of parliament.
Deeming, who was elected to the state’s upper house last year and represents the Western Metropolitan Region, now sits on the crossbench.
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