Race-hate complaint against police to be heard by Victorian Equal Opportunity and Human Rights Commission

A Jewish businessman is taking action against police, in an anti-discrimination case that will test of the boundaries between race-hate and free speech.

Menachem Vorchheimer has taken action against Victorian Police, through the Victorian Human Rights and Equal Opportunity Commission.

A Jewish businessman has lodged a race-hate complaint against Victoria Police for giving the go-ahead to a pro-Palestinian rally that turned violent, in a test of laws governing protests and free speech.

The Victorian Equal Opportunity and Human Rights Commission has accepted the com­plaint by Melbourne man Men­ach­em Vorchheimer, who had received a police apology after drunken football fans punched him in the face 17 years ago.

In 2008, Victoria Police entered into a deed of release with Mr Vorchheimer after he was assaulted by passengers in a bus driven by an off-duty policeman.

As part of the deed, the Chief Commissioner of Police instructed all members of the police force to “uphold and enforce the rights of all people in Victoria not to be subjected to unlawful discrimination on grounds such as race, religion, sexual preference or gender’’.

In his latest complaint, Mr Vorchheimer alleges Victoria Police “encouraged, organised and/or assisted’’ two pro-Palestinian activists to allegedly breach the Racial and Religious Tolerance Act by speaking at public protests last year.

At the second protest, outside the Central Synagogue in Caulfield on November 10, drink bottles were hurled in a confron­tation between pro-Palestinian and pro-Israeli protesters.

Pro-Palestinian protesters were pepper sprayed in a chaotic clash with police outside a Caulfield synagogue in November 2023.

In his complaint, Mr Vorchheimer alleges police were aware, or ought to have been aware, that the conduct of speakers at both rallies incited hatred against, serious contempt for, and revulsion or severe ridicule of, Jewish people, in breach of the Racial and Religious Tolerance Act.

He also alleges the incidents would not have occurred if police had not “encouraged, authorised and/or assisted’’ the speakers.

Mr Vorchheimer will use the conciliation hearing to ask that Victoria Police review footage of rallies, protests, blockages and ­social media postings of pro-Palestinian protesters since October 7 last year, “to determine whether any offences have been committed, and if so, where appropriate, lay criminal charges’’.

He is also seeking a public statement from Victorian Premier Jacinta Allan and Police Minister Anthony Carbines to make clear that the right to protest “is not an absolute or unlimited one’’, but coexists with legislation outlawing hate speech.

He also wants Police Commissioner Shane Patton to “unreservedly apologise to the Jewish community and Victorian public for their failures which have resulted in the normalisation of anti-Semitism and destruction of social cohesion’’.

The VEOHRC said it would prioritise the complaint for voluntary dispute resolution.

Mr Vorchheimer said on Friday he was not present at either of the protest rallies, but had been impacted by hate speech as a result of them.

“You don’t have to be physically present … I identify as Jewish so it has an impact on me,’’ he said.

“The day after the (protest) fight I was abused on the street.

“People have used the (internet) to reach into my life and find a way to contact me and send me some really horrible material, and I’ve also had a form of death threat.’’

Mr Vorchheimer said Victoria Police had made a grave error of judgment in thinking pro-Palestinian protesters would just “blow off steam’’.

A Victoria Police spokesman said on Friday police had not been notified of the complaint.