Hellenic Council Of N S W -V- Apoleski And The Macedonian Youth Association [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Hellenic Council Of N S W -V- Apoleski And The Macedonian Youth Association [1997] NSWEOT

COMPLAINANT: Hellenic Council of N S W

RESPONDENT: Gligor Apoleski

NUMBER: 10 of 1995

Mr M Biddulph ( Judicial Member ) TRIBUNAL: Ms M Alt Ms L Mooney

GROUNDS OF COMPLAINT: Racial Vilification

DATES OF HEARING: DATE OF JUDGMENT: 09/25/1997

Complainant: Mr C Vertzayias

McDonnell Vertzayias (Solicitor) Mr P Kintominas (Counsel) LEGAL REPRESENTATIVES: Respondent: Self-represented Mr S Blanks Stephen Blanks & Associates (Solicitor) Dr C Birch (Counsel)

JUDGMENT IN FAVOUR OF: Respondent

Background

The inquiry into this complaint of racial vilification took place on 12th, 13th and 14th February and 12th and 13th August 1996. Two related matters, involving two of the parties to this inquiry, were also heard on 13th August 1996, and the Tribunal's decision in those matters, namely, nos. 9 and 11 of 1996, refers in some instances to this decision.

The Complainant in this inquiry, the Hellenic Council of New South Wales, was described by its convenor to the Tribunal as an umbrella organisation representing the full spectrum of the cultural, social and religious Greek/Australian Associations of New South Wales. It wrote to the Anti-Discrimination Board ("the Board") on 10th June 1992 to register a complaint about an advertisement (also referred to as an "article") placed in the Sun Herald newspaper, a Sydney Sunday paper, on 3rd May 1992. The Hellenic Council expressed concern that the article was not only "racist" but had "the ability to create racial hostility". The advertisement, or article, which occupied a full page of the newspaper, was placed, and paid for, by the Macedonian Youth Association, a sporting and social youth organisation.