Jewish leader accuses Victorian Government of racial vilification breaches

A prominent Jewish community leader has launched legal proceedings and demanded an apology from the Victorian government, accusing it of enabling breaches of racial vilification laws.

The Allan government is facing legal action over its failure to stem the dangerous rise of anti-Semitism in Victoria.

Jewish community leader Menachem Vorcheimer has accused the government of enabling breaches of the state’s racial vilification laws in a case that will rely on secret government briefings he says exposes systemic failings.

Jewish community leader Menachem Vorcheimer. Picture: Luis Enrique Ascui

The Department of Premier and Cabinet and Attorney-General Sonya Kilkenny are listed as defendants in the Victorian Civil and Administrative Tribunal case that seeks a public apology from Jacinta Allan for failing Victorian Jews.

It comes amid growing international condemnation about the failure of Australian governments to act on anti-Semitism following attacks on an East Melbourne synagogue and CBD restaurant on Saturday.

Israeli Prime Minister Benjamin Netanyahu has called for urgent government action to prevent similar incidents.

Israeli Prime Minister Benjamin Netanyahuhas called for urgent government action to prevent similar incidents. Picture: Manuel Balce Ceneta

“The reprehensible anti-Semitic attacks, with calls of ‘death to the IDF’ and an attempt to attack a place of worship, are severe hate crimes that must be uprooted,” he said this week.

In his case lodged with VCAT earlier this year Mr Vorcheimer said documents released to him under Freedom of Information laws revealed the government had taken an explicit position to allow weekly pro-Palestine protesters to chant and display anti-Semitic slogans in the CBD providing they didn’t result in “violent protest or speech encouraging violence”.

But he said that position, either explicitly or implicitly, authorised and assisted contraventions of the Racial and Religious Tolerance Act (RRTA).

It followed concerns being raised with the Premier and subsequent high level briefings between the Department of Families, Fairness and Housing and Victoria Police.

Since its introduction in 2001 the RRTA, which requires the written consent of the Director of Public Prosecutions before prosecutions can begin, has been rarely used in Victoria.

Through its introduction of new anti-vilification laws – which passed parliament earlier this year but have not yet come into force – the Allan government conceded existing laws were not fit for purpose.

Staff members console each other following the protest outside Miznon on Saturday. Picture: Nadir Kinani

Mr Vorcheimer has argued they should have been used more forcefully, and that the government’s soft approach to enforcing them has allowed a anti-Semitism to hit unprecedented levels in the state.

“Regrettably rather than address the incitement, FOI documents reveal, the DPC and DoJ (Department of Justice) adopted the position that they would authorise and/or assist breaches of sections 7 and 8 of the RRTA, and also sections 24(2) and 25(2) RRTA,” he said.

“This has caused significant detriment, including genuine fear for our physical and mental safety and wellbeing, and the need take added precautions to deal with these consequences.

“My family and I, along with members of the Jewish community, have been denied security in our identity as Jews, and associated human rights.

“Our family and many other Jewish families in Melbourne have renewed and/or applied for passports and discussed leaving Australia, as the situation has become more perilous.”