20160530-schorel-hlavka o.w.b. to county court of victoria-re witness statement-appeal-15-2502

8/16/2019 20160530-Schorel-Hlavka O.W.B. to County Court of Victoria-Re Witness Statement-APPEAL-15-2502

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Re 30-5-2016 hearing- © Mr G. H. Schorel-Hlavka O.W.B. Witness statement Appeal 15-2502 Page 1

p1 © Mr G. H. Schorel-Hlavka O.W.B. Witness statement Objector/Appellant Appeal 15-2502

Witness statement(pre-written on 28-5-2016)

County Court of Victoria at Melbourne5

This witness Statement is subject to if the court may order the hearing to proceed upon materialdisputes and the Court overruling my submission that there is NO CASE TO ANSWER.

There can be a considerable disadvantage of being a witness and representing oneself.Actually, I recall some decades ago a barrister cross-examining me and demanding I would say10“Yes” or “No” and the judge telling me to do so. I refused as I explained that either way the

barrister could interpret this whichever manner he desired and I would only give an answer Idesired to give with any explanation I desired to give. The trial judge then accepted this.It is totally wrong to accept some lawyer cross-examining a witness to try to trap the witness in

pretending having stated something that was not intended nor stated.15

While an opponent can seek to expose that the credibility of a witness should be questionable,this however should be done in a manner to bring out the truth and not a deceptive conduct as to

pervert the course of justice..20At the time of writing this document I wouldn’t have a clue what evidence may come from anywitness from Buloke Shire Council, albeit the purported “brief” indicates only one witness beingMr Wayne Wall. Hence, this pre-written statement likely will be complemented for so far thewitness may deem it needed with oral evidence..25Any material copied in this statement is to be deemed “evidence”. There has been somehow an oversight regarding the provisions of the Country Fire Authority

Act 1958 which despite searches were not located at the time of writing the written submissions but in any event will be addressed by me.I rely upon my material in my written submissions in the various ADDRESSES TO THE30COURT as evidence albeit considering what I state further in this document as to anycorrections I view is appropriate.

The legislation does refer to “owner” and “occupier” and sometimes also to a “person” to whoma notification might be directed.35

This related to my son Richard who I had accepted to reside at the property with his 2 daughters(my granddaughters) on the condition that while I would continue to pay the rates who would

look after the property and pay all incoming bills, as well as maintain the property and in returnhe would not pay any rent.40

120302-Buloke c-o Warwick Heine CEO B1349 and Notice 1,722QUOTE

Well, as my past correspondence stated my son Richard (38 years old with two granddaughters) had beengiven the authority to reside in Berriwillock, without paying rent provided he would pay all incoming bills45and also maintain the property. It now turns out Richard did anything but this.In previous years when a Fire Notice was issued I authorised Buloke Shire Council to have this attended toon my behalf and as such no issue arose from this because Buloke Shire Council clearly had dealt with thematters then.When this time a fire notice was issued I then request Buloke Shire Council to provide me with cost of50

having Buloke Shire Council attending to this issue, as per previous years, but Buloke Shire Council simplyignored altogether to respond and then later issued the purported Infringement Notice. It then subsequentlyadvised that it had changed its policy and that it no longer assisted in dealing with Fire Hazard issues. As


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such Buloke Shire Council itself was the culprit to change its policy without giving me advance notificationand letting me to await a never to come reply..If there was really a fire danger issue as alleged by the fire hazard notice and Buuloke Shiore Council insteadof dealing with this fire danger is only interested in seeking to collect the Infringement Notice cost then5clearly Buloke Shire Council by its own conduct has shown that the fire hazard to the community really isn’t

existing but it is pedantic as to us the fire notice as a way of collecting fines, or attempt to collect fines, to boost the finances of Buloke Shire Council rather then being one of iota concerned about the safety ofresidents.

END QUOTE10

My son Richard used to reside in rainbow in a properly his (late) grandmother had purchased forhim, however years later after her dead the non-biological (step) grandfather decided to sell the

property as it never had been transferred into Richards name.While Richard had previously visited the Berriwillock property, after I already resided in15Melbourne, he had done so removing a cast iron safe and having used my trailer to take it toRainbow, where she smashed the safe open expecting monies, but instead it contained 50 yearsof my stamp collections. He I understand disposed of it dumping it in the Rainbow tip. I justdidn’t know about this until months later the Rainbow police contacted me about my trailer and

then I became aware of what had eventuated.20The extensive stamp collection had been very valuable and so to say was to be my nest egg forretirement.For sure I was furious but never expressed this to my son Richard. Nothing gained from thiswhere he was using drugs and act as such.When then Richard requested to be allowed to live at the Berriwillock with the 2 children I held25to give him another chance.Well, as he didn’t want me to be checking up on him I refrained from doing so. When I did finally come to the property I discovered 2 of my cars were missing, all tools and

equipment were missing, huge amount of steel missing, etc. I understand that Richard simply hadsold it all for scrap metal.30

20151114-Schorel-Hlavka O.W.B. to Chief Officer-Re Buloke Shire Council -Re Fire Prevention Notice 199-4423-etcQUOTE

My son Richard was residing at Berriwillock but mysteriously disappeared. I now obtained copies of35documentation indicating to me the police did an unlawful search of his vehicle, unlawfully arres ted him, etc.As result that his partial build fence was left as was, and with it part of the fence missing. As result unknown

persons were having access to the property and were dumping items such as shown below in images 16922,163250 and 163266 from farmers. The house was left unlocked, and unknown person(s) caused destruction,etc. It appears to me that Buloke Shire Council having limited access to the Berriwillock tip has resulted in40illegal dumping on my property. As result unwanted items having been abandoned on my property causing

problems with slashing/cutting. The (expensive) fencing I have put up ought to prevent dumping on my property.

END QUOTE

45Basically Richard had left a disaster area. I understand that the two granddaughters at some time,albeit unknown to me when, moved in with my first wife Ingrid.I slowly understood from a neighbour Jeff Secantedaan that he and his wife had been seeking toassist Richard and in 2014 he had twice slashed the property after I had contact with him about aFire Prevention Notice having been received, upon which he gave me the understanding he50already had slashed the property but would do it again.I understand that Mr Wayne Wall personally was informed by Jeff that he had slashed the

property in 2014..


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I also understood from Jeff that Richard would come and go and at times was not seen for some period of time but then was back again.

The following is quoted from a correspondence regarding the Fire Prevention Notice of 2014,etc, albeit the original correspond ence had Jeff’s name concealed to avoid complications against5

him, but I understand he did later identify himself to Mr Wayne Wall when he attended to the property and was located inside the property by Jeff, albeit without prior permission to enter the property.20150101-Schorel-Hlavka to Buloke Shire Council care of J Groves-DRAFT WITH NAMESQUOTE10

WITHOUT PREJUDICEBuloke Shire Council C/o J Groves

C/o [email protected]

Re: Infringement Notice -Fire danger etc15Sir/Madam,

QUOTE

On Sunday, October 12, 2014 2:07 AM, Jefjoyful Secantedaan wrote: 20

thank you mate.headding back 2morow.we will take it easy going back.regards Jeff

On Saturday, October 11, 2014 6:22 PM, Mr Gerrit H. Schorel-Hlavka O.W.B.25 wrote:

Jef,congratulations to your wife and you regarding your sons wedding.I am glad you are at least up and about.30Gerrit

Constitutionalist & Consultant

MAY JUSTICE ALWAYS PREVAIL® 35Mr. G. H. Schorel-Hlavka O.W.B., GUARDIAN

(OFFICE-OF-THE-GUARDIAN) 107 Graham Road, Viewbank, 3084, Victoria, Australia

Ph (International) 61394577209.40Email; [email protected]

The content of this email and any attachments are provided WITHOUT PREJUDICE, unless specificallyotherwise stated.

45If you find any typing/grammatical errors then I know you read it, all you now need to do is to consider thecontent appropriately!

A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING CONCERNEDTO BE LABELLED A FOOL.50

END QUOTE

mailto:[email protected]:[email protected]:[email protected]:[email protected]


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END QUOTE

On Monday, October 20, 2014 1:55 PM, Mr Gerrit H. Schorel-Hlavka O.W.B. wrote:

Jeff,5

I received a fire notice dated 16 October 2014.from Buloke Shire Council allegedly that the weed/grass wasnot cut, or something to that effect. I do not know if you because of your illness was unable to do somethingabout my property. Could you let me know what the position is because if I have to drive up I need to get mystation wagon urgently repaired (change of gearbox) as it has been standing in the driveway waiting to getrepaired.10

Gerrit

Constitutionalist & Consultant 15

MAY JUSTICE ALWAYS PREVAIL® Mr. G. H. Schorel-Hlavka O.W.B., GUARDIAN

(OFFICE-OF-THE-GUARDIAN)

107 Graham Road, Viewbank, 3084, Victoria, AustraliaPh (International) 6139457720920.Email; [email protected]

The content of this email and any attachments are provided WITHOUT PREJUDICE, unless specificallyotherwise stated.25

If you find any typing/grammatical errors then I know you read it, all you now need to do is to consider thecontent appropriately!

A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING CONCERNED30TO BE LABELLED A FOOL.

END QUOTE

QUOTE35Re: From Gerrit to Jef

People

Jefjoyful Secantedaan

21 Oct40

To

me

Ok we cut it before we went away to the west. just had a look around there and its the same as my. could do with another45cut. so as soon as we gat some parts for the ride on mower.it needs a new starter.will arrive here on Friday.will cut it on the weekend again. for you no problem mate.regards Jeff & Joy

END QUOTE

50QUOTE

On Saturday, 25 October 2014, 2:08, Jefjoyful Secantedaan wrote:

mailto:[email protected]:[email protected]:[email protected]://au-mg6.mail.yahoo.com/neo/launch?.rand=18m1unv033g1nhttps://au-mg6.mail.yahoo.com/neo/launch?.rand=18m1unv033g1nhttps://au-mg6.mail.yahoo.com/neo/launch?.rand=18m1unv033g1nmailto:[email protected]


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Halo gerritwe have just cut your grass on Friday.it's all ok mate.regards Jeff

QUOTE5

QUOTETo

Jefjoyful Secantedaan

CC10

me

Jef,much appreciated.

I have booked in my station wagon for an inspection, that is they have no spot un til end next week and I was15advised that pending what repairs need to be done they will tell me how long it will take before they can dothe repairs. It seems that if certain parts are required it can take some time. At least I might finally be able totravel again. Useless to have a stationwagon that isn't working..Anyhow, how is it with your health? Is it settling?20.Gerrit

Constitutionalist & Consultant 25


(OFFICE-OF-THE-GUARDIAN) 107 Graham Road, Viewbank, 3084, Victoria, AustraliaPh (International) 6139457720930.Email; [email protected]

The content of this email and any attachments are provided WITHOUT PREJUDICE, unless specificallyotherwise stated.35

If you find any typing/grammatical errors then I know you read it, all you now need to do is to consider thecontent appropriately!

A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING CONCERNED40TO BE LABELLED A FOOL.

END QUOTE



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Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)END QUOTE

Again:5

QUOTEQUOTE

On Saturday, 25 October 2014, 2:08, Jefjoyful Secantedaan wrote: 10

Halo gerritwe have just cut your grass on Friday.it's all ok mate.regards Jeff

QUOTE15END QUOTE

On the basis of the email communication between Jeff and myself I had the understanding thatthe property had been appropriately attended to.

20While during visits to the Berriwillock property I didn’t see Richard, as he was on and off on the

property I understand however from documentation received from VicRoads that Richardsresidential address was listed at 10 Anderson Avenue the said property these proceedings relatesto.I had on 29 April 2016 amended Richard’s postal address to Viewbank because while Richard is25away any mail not collected at the local post office is returned to sender.It appears that Richard was taken into custody while residing at Berriwillock and had his

residential address of his driver licence at10 Anderson Berriwillock.I understand that police had located “Approx 1 gram” Green Vegetable Matter in his car andwhile he was arrested and later bailed failed to turn up at the next court hearing.30

35My concern of this is that it was an “opinion” to search while legislation requires “suspicion”.

And as such the search may have been unlawful.


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When Richard was arrested is not clear, but sometime in 2014 at least as I understand from Jeff,albeit Jeff also gave me the understanding that Richard was during 2014 Christmas visiting them.


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We all make errors in life, and while Richard did his fair share in that regard, as his father I still pursue to assist him.I was a cigarette smoker consuming about 2 packets a day and when I desired to give up it wasextremely difficult. However, when I was in 1987 that I was able to quit e what is called “coldturkey” and pleased to have done so but it has given me a considerable understanding of how it5

must be for others also, regardless if it is cigarette, drugs or whatever.

What I understand is that in 2013 I delivered new kitchen cabinets to the Berriwillock propertyand Richard having noticed this then seemed to have had a change of conduct, as I understandfrom Jeff that Richard started to show interest in doing some work on the property.10Because he was arrested this work then stopped.

The issue is that Richard was all along recorded by VicRoad to be residing at 10 AndersonAvenue Berriwillock..15Buloke Shire Council charges me about $360 a year for garbage collection, this even so no garb

age is collected for this. As such it is so to say double dipping charging rates that supposedlyincludes garbage rates, and then charge for a non-service. As my wife and are senior citizens ona pension and facing then a major car repair of $2,000 then the about $360 is certainly aconsiderable amount of monies.20

Having a son who is a drug addict is problematic in itself but for Buloke Shire Council to add tothis I view is utterly deplorable.

I clearly notified Buloke Shire Council as to the circumstances existing and about the email25communication between Jeff and myself as well as problems governing Richard.In the circumstances where Richard was essentially the “occupier” and I had really no way of

knowing when he was or wasn’t at Berriwillock, and in fact was in custody, I have the view I

acted in a reasonable manner..30The problem is that the Fire Prevention Notice as I understand it is merely send out without theMunicipal Fire Prevention Officer even bothering to check out a property and so not knowinghow the property is and in what condition the Fire Prevention Notice obviously cannot then statewhat precisely is alleged to be a fire danger.I understood from Jeff that he too received Fire Prevention Notices and complained to Buloke35Shire Council that he had no grass and so why was such a notice issued against him.

The terms of the Fire prevention Notice as I understand it to be is in violation with the legislative provisions of the Country fire Authority Act 1958 and as such I view invalid. Nevertheless I stillorganised with Jeff for him to look again n after the property.40QUOTE

On Monday, October 20, 2014 1:55 PM, Mr Gerrit H. Schorel-Hlavka O.W.B. wrote:

Jeff,45I received a fire notice dated 16 October 2014.from Buloke Shire Council allegedly that the weed/grass wasnot cut, or something to that effect.

END QUOTE

There was no clear indication what was intended with the Fire Prevention Notice specifically50required to be done.


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5

The term “remove all combustible material from the land” as I under stood it means to remove all

trees, wooden fence post, buildings and its content, motor vehicle, etc.


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My understand in of the Country Fire Authority Act 1958 is that what was intended was not amicromanagement of any property as now appears to be pursued but to remove a real firedanger and if this is not done then the Fire Brigade may become involved in the clearance.To my understanding at no time was the Fire Brigade involved to clear my property.And I provided to Mr Wayne Wall correspondence showing that while any grass at my property5

was at most About 20 cm ac cross the road the grass/weed was along the highway about 1 ½metres high and years of dead wood had built up.I understood from Mr Wayne Wall that he had no powers to force for example Ministry ofHousing to comply and that the road was done about a metre from the road way.As I understand it Section 41 excludes a Fire Prevention Notice to be issued against a “public10authority” but can within s43 have any fire danger attended to and any cost incurred is payable tothe authority (being the Country Fire Authority Act 1958).

Country Fire Authority Act 1958 QUOTE

42Brigades may carry out fire prevention work15

(1) The officers and members of any brigade, at the request of —

(a) the owner or occupier of any land;

(b) a Minister in whom any land is vested;

(c) a municipal council or public authority —

(i) in which any land is vested;20

(ii) that has any land under its control or management;

(iii) that is responsible for the care and management of any road —

may carry out on that land or road any work (including burning) for the removal or

abatement of any fire danger or for the prevention of the occurrence or spread offire.25

(2) Any work carried out under subsection (1) must be paid for by the owner,occupier, Minister, council or authority requesting the work and, if not paid, isrecoverable in the Magistrates' Court as a debt due to the Authority.

END QUOTE30

Country Fire Authority Act 1958 QUOTE

41Fire prevention notices

(1) In the country area of Victoria, the fire prevention officer of a municipal councilmay serve a fire prevention notice on the owner or occupier of land in the35municipal district of that council (other than a public authority) in respect ofanything —

END QUOTE.What we really have is that the legislation allows serious lawbreakers such as Buloke Shire40Council to ignore fire danger and yet pursue it against a property owner as if it is a major issue.

While the provisions state the following:

Country Fire Authority Act 1958 QUOTE45


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41Fire prevention notices

(2)A fire prevention notice may be served only if the fire prevention officer forms the opinion —

(a) that it is necessary, or may become necessary, to do so to protect life or property from the threat of fire; and

(b) that there is no procedure under any other Act or regulations made under any5Act that is more appropriate in the circumstances to address that threat.

END QUOTE

Reality is that nothing has been shown to me that any such inspection took place for theMunicipal Fire Prevention Officer to form an “opinion” that the issue of a Fire Prevention Notice10was justified. Indeed the fact that year after year the Fire Prevention Notice uses the samewording underlines it is issued without any proper inspection to fo rm an “opinion” and requiredaction that is excluded by the act.Even the 100mm in my view is outside the provisions of the act because it means that theMunicipal Fire Prevention Officer is somehow on his own accord providing some kind of a by-15law not provided for by the Country Fire Authority Act 1958 itself.

Country Fire Authority Act 195

QUOTE 41 Fire prevention notices

(3)A fire prevention notice —

(a) must be in the prescribed form;20

(b) may require the owner or occupier to take the steps specified in the notice toremove or minimise the threat of fire;

(c) must specify the time (not less than 7 days) within which the owner or

occupier must comply with the notice;(d) must contain any prescribed information.25

END QUOTE

While the Fire Prevention Notice stated “remove all combustible material from the land” yet on6 November 2015 when faced with the same terms in a Fire Prevention Notice I was given theunderstanding by Mr Wayne wall that he actually only wanted certain parts of the property to be30attended to and that I could put it on a heap on the property. As such not at all to be removedmerely that it was heaped up.I was provided with certain imaged which indicated to me that for Mr Wayne Wall to have beenable to make the images he would have had to enter my property at least about 40 metres into it.As Mr Wayne Wall knew I resided in Viewbank (Melbourne) and he posted year after year the35various Fire Prevention Notices to this address then it obviously could not have been that MrWayne Wall attempted to contact me through the most direct line from the gate to the front door,as the image indicates that he had been wandering around the property without any attempt tofirst obtain permission/authority to do so.

Country Fire Authority Act 1958 40QUOTE

41A Service of notices

(1) A fire prevention notice may be served on an owner or occupier —

(a) by giving it to or serving it personally on the owner or occupier; or


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(b) by sending it by post to the owner or occupier at that person's usual or lastknown residential or business address; or

(c) by leaving it at the usual or last known residential or business address of theowner or occupier with a person on the premises who is apparently at least 16years old and apparently residing or employed there; or5

(d) in a manner prescribed by any other Act or law for service on a person orclass of persons of the same type as the owner or occupier.

END QUOTE

The legislation is clear that a Fire Prevention Notice could be issued to the “occupier” and so10where it was the residential address of Richard then it could be held that Mr Wayne Wall mayhave attended to contact my son Richard that is if the Fire Prevention Notice had been inRichard’s name. However having reproduced the Fire Prevention Notices in the wr ittensubmissions in the ADDRESS TO THE COURT Supplement 2 at pages 5, 6 and 7 dated 17-2-2016 it clearly shows they are addressed to GH Schorel-Hlavka 107 Graham Road Rosanna (the15

suburb since became known as Viewbank) and as such Mr Wayne Wall clearly having posted itto my residential address had no legal justification in my view to enter upon my property.I view Mr Wayne Wall violated my property rights. Also that therefore the product of histrespassing is inadmissible.

20As I often stated we all make errors of judgment, but with Buloke Shire Council it is placingitself above the rule of law, at least in my view.

I was in ill health and made this known to Buloke Shire Council, its lawyers and Mr Wayne wall but they so to say couldn’t give a darn about it. No excuses, yet when it comes to their own25numerous violations they not even seek to excuse themselves but carryon disregarding it all.

They so to say are above the rule of law.Quite frankly as a CONSTITUTIONALIST I very much belief in what the constitution standsfor, but view that regretfully the government (state/federal) and the courts do not give a darnabout what is constitutionally appropriate.30As I always keep saying we all make errors and I am no exception to this but at least in goodfaith seek to act and when I do become aware of an error then I do not hesitate to acknowledgethis. I see no shame in acknowledging an error but do view that to ignore making errors and thencause untold harm upon another person is not acceptable..35Her I took great effort to communicate with Buloke Shire Council and so Mr Wayne Wall and Iunderstood from Mr Wayne Wall that he reads every correspondence I sent and yet hecontinues to pursue the litigation despite that I view he ought to have withdrawn each and everyfire prevention Notice.’ I also made a 9 December 2015 FOI request to the Premier as to be provided for this litigation all40relevant details regarding the number of Fire Prevention Notices having been issued, how manyended up in court, how much was paid into the Consolidated Revenue Funds and how much tocouncils, etc.I received no reply, even so the 45 days limit to respond since long passed.

45When I was about 14 years old and living in The Netherlands I paid for a vocational assessment(out of my holiday work earnings) and was given the advice I was best suited to be a police

officer, lawyer or social worker. However, as I had an uncle who was a lecturer at university butunderstood from my father that he couldn’t use his hand to fix thing, I decided to rather first


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learn a trade and became a Fitter & Turner. The principal of the technical school called in my parents that I should go to university instead but I refused determined to first learn a trade. Inever regretted this.I was however always reading up on Dutch law reports including the constitution. I was calledup for army service and later was transferred to serve at the Iron Curtain in Germany within5

NATO. I then became a regular but found my hands were actually cracking up that the bloodwas flowing from it. On doctor’s advice I resigned from the army and migrated to Australia.

I didn’t speak any English but that didn’t stop me to get a job the day after I arrived even if it

was mere unloading wagons in a railway yard. However within 14 days found a job as a Fitter &Turner. Over time I switched employers and worked myself up to end up from quality control in10management of factories. I just had a habit of finding whatever was wrong in the company andas result being able to come with solutions ended up being promoted time and time again.My hunger for legal issues however never stopped, as despite the lack of formal Englisheducation I simply started to read law reports and the constitution.Despite delegate Mr Howe in 1898 having succeeded during the Constitution Convention15Debates to have inserted in the constitution for invalid and age pensions I found that many

disabled soldiers are sleeping on the streets.I hold the constitution is a work of art like others may hold of paintings and statutes orarchitectures but with everything there always will be ample of wreckers.Our legal system in my experiences is very corrupt that even court orders are issued days before20the trial is finished. As such judges have pre-decided the outcome regardless what the evidencemight be. I experienced that I was representing a party and well orders were issued, just that noknown application was made for it, let alone a hearing. I discovered eventually that the opponentlawyers had numerous telephone get together with the judiciary and so at the hand of their

phone calls were able to get orders issued without a formal application or hearing.25

I researched and researched though files to discover how members of the legal profession wheredeceiving the courts big time.A judge may hand down a decision which the judge may view is the product of properconsideration of the evidence before the court, unaware that in fact the judge may have been30deceived.For example I discovered that when a party filed a response the lawyers then would alter theAffidavit on court file so that the judge had a different version then the other party had.During cross-examination I exposed that there were errors or what seemed to be errors and whencomparing the Affidavit that was served versus the Affidavit that was on court file then at times35up to 8 alterations a page turned out to exist.I will not delve into the details but lost confidence as to how the courts operates and seemingly,

at least to me, has become a puppet-on-a-string for the government and lawyers rather than to beand be seen to be impartial and independent.40

I was unable to properly hear what Counsel for Buloke Shire Council was stating on 17 May2016 at the Ballarat hearing as to why Mr Wayne Wall failed to be at the hearing, other than thatthere was something about “Council” versus “Counsel”. I state it often we all make errors but

surely even if Mr Wayne Wall somehow had made an error the lawyers involved could haveverified with him ahead of time about the date? After all they would have ordinary that is had45discussions about what evidence he was going to give, etc. Indeed, where I understood Counselon 17 May 2016 stated that there be 2 witnesses, this even so the purported ‘brief” only refers to one witness being Mr Wayne Wall, then more than likely this was because of the lawyers having

had discussions with Mr Wayne Wall they held they needed another witness, perhaps to supporthis kind of evidence.50


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However I am totally left in the dark as to the identity of the witness and what this witness isabout and so unable to prepare for whatever this witness might be about.And these proceedings are supposed to be “criminal” proceedings where I am entitled in advance

to be provided with all relevant details so I can prepare my case..5

As these proceedings are of a criminal nature than I understand that the onus is upon theProsecutor to prove beyond reasonable doubt that I committed an offence, whereas I have thecivil onus. As I have stated there was communication between Jeff and myself and nothing inthat communication even remotely in my view is that I somehow sought to undermine the

provisions of the Country Fire Authority Act 1958.10Besides that the Fire prevention Notice violated legal provisions of the Country Fire Authority

Act 1958 I nevertheless sought to ensure that there was no high grass/weed and this even soRichard was supposed to be looking after the property.The fact that I had purchased an expensive (for me considering my financial position) ride-onmower to perform the slashing/cutting when needed also ought to indicate that there was no15intention to deliberately defy the provisions of the Country Fire Authority Act 1958.

Indeed, I view had the Fire Prevention Notice not been “vague and aloof” then any directionscould have been lawful and have been attend to..When I consider why I couldn’t locate at some point of time the reference of the Infringement20Act 2006 in the Country Fire Authority Act 1958 I realised that I have different updated versionon my computer and as such must have had a version open that was prior to the existence of theInfringement Act 2006. But, because I had closed down now my entire computer as tocommence the written statement as witness and so had to open the document of the Country Fire

Authority Act 1958 I then opened the latest version and became aware of the error and do not25hesitate to acknowledge this.What I seek to indicate is that if Mr Wayne Wall likewise had each year started afresh to checkthe legislation for any amendments, if any, then even if he had misconceived certain provisions,the following year he could have then rectified any errors.However, I received in late 2015 again a Fire Prevention Notice of the same content and this30indicates to me that Mr Wayne Wall totally disregarded my previous writing that the removal ofall combustible material is beyond the provisions of the Country Fire Authority Act 1958While Mr Wayne Wall gave me the understanding on 6 November 2015 when we had an eye toeye discussion that he read all my writings, it appears that he simply didn’t bother to check the

legislation subsequently and attempted to rectify any errors he made.35While Mr Wayne Wall in 2014 trespassed onto my property , as appears from the images that thelawyers of Buloke Shire Council provided to me, with the date and time on it, in November 2015

he then entered my property upon mutual arrangement doing so and Mr Wayne Wall then pointing out what his concerns were. While Mr Wayne Wall provided for an extension of theFire Prevention Notice in real terms one cannot extend an invalid notice nor was there any need40for this because I had left the property before the time period on the invalid Fire Prevention

Notice had expired and no Infringement Notice followed.

In my various writings to Mr Wayne Wall I even suggested a special sign to alert motor vehicledrivers of the danger of driving in to the soft shoulder of the highway where unbeknown to the45motorist their hot exhaust pipe could cause a grass fire. Indeed, when I travelled along the highway I can see at times, and so also in the Shire of Buloke grass having been burned on the softshoulder of the highway. To my understanding nothing was done in that regard to alert drivers of

this danger.


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I also provided Mr Wayne Wall with numerous images of deadwood underneath of bushes andtrees along the highway. I also provided Mr Wayne Wall with images as to grass/weed being ashigh as to the shoulder of Mr Frank Colosimo.It is my view absurd that fire danger directly along the highway that is a real risk of a fire dangeris not of concern while anything about 40 metres or more from a less frequently used highway5

somehow is of a major concern..Our legal system is in considerable disarray but regretfully the judiciary seems not to be aware ofthe extent of it. They do not realise how seriously it undermine the impartiality andindependence of the administration of justice when a judge let lawyers of the hook of violating10without any reasonable excuse proffered rules/regulations and other legal provisions includingcourt orders.

And I stated I migrated to Australia in 1971 not having any knowledge of the English language but forced myself to learn it, well I ended up with my self-professed crummy English and proud15of it. I learned English by well doing my hobby and that was buying up old law reports and read

them from cover to cover.As I recall Dixon CJ once state that if lawyers do not keep abreast of legal provisions then evenan alien from outer space may prove to do better.OK, I didn’t come from outer space but as an alien from The Netherlands.20I pored over old files of law firms, and so discovered the rot that went on within the legal

profession. For example in a file a note was that the instructing solicitor asked the barrister toseek the matter to be adjourned because of the sexual abuse allegations against the father needingto be further investigated but with a warning note that the father already had been cleared of anysexual abuse and so not to overplay this.25What this indicated to me that lawyers would fabricate excuses to adjourn matters at cost of theirclient s or opposite parties.I discovered that lawyers would go to the court file and tamper with the affidavit on court fileand amend it to counteract any affidavit material filed by the opponent. This where generallyunrepresented litigants do not check each document.30Indeed more than 30 years ago I wrote to the Federal Attorney-General about what I haddiscovered, etc. But to my understanding this modus operandi by lawyers to pervert the courseof justice still continues.

Without any form of legal training but having loathes of research through law reports giving me35knowledge and faced with people desperate about having lost a case which they held they oughtto have succeeded in I became interested to seek to assist them with pointing out what I had

discovered as “legal principle” in law reports. It never was relevant to me if a person did ordidn’t have lawyers as it was up top them what they wanted to do. However, at time lawyersasked me if I was interested to work for them when they came across my material but I declined.40I have however at times been a constitutional consultant to lawyers but refused becoming anemployee of a law firm as I held this could undermine directly or indirectly my impartiality.Because of my extensive knowledge about legal matters in particular Authorities, eve n way

back in 1985 His Honour Walsh asked me how come I knew so much about the law. I explainedthat my mother had told me put the book under the pillow and the next day you know it all. His45Honour as I recalled commented laughing “I deserved this. Obviously you have studied it.

Whatever was born out the suffering of so many and Mr Frank Colosimo case is but a mere

example when he was represented by a barrister and ended up under Administration and facemore than 6 CONTEMPT OF COURT hearings, albeit he then asked me to take over the case,50


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which I did and I successfully did the appeal against the administration orders and also beforeHer Honour Harbison J had the CONTEMPT OF COURT litigation stopped in its tracks.I understood from Victoria Legal Aid correspondence to Mr Frank Colosimo that they advisedhim to “purge his contempt”.

5

The Office of the Public Advocate game me the understanding the Mr Frank Colosimo wasconvicted for CONTEMPT OF COURT.I will not dwell in the numerous legal technicalities of the case but safe to say that with about 20lawyers (including the judicial officers) involved none had bothered to consider a Notice that

proved that Mr Frank Colosimo had acted within legal provisions. No one either had realised that10Mr Colosimo actually never was formally charged! A court orders providing for 90 days, Idiscovered that a report was in fact compiled within 89 days and some hours, as suchinadmissible.While the judiciary had the common view that one has to be a legal practitioner to represent a

party, this is incorrect. Ione has to be a legal practitioner to represent a party if one charges a fee,15etc, for doing so as a lawyer. As such I would obtain Enduring Power of Attorney and

assist/represent a party. I also represented parties, such as Mr Frank Colosimo as a ProfessionalAdvocate having the same privileges and protection as a lawyer representing a party in theSupreme Court of Victoria. I also did so as a CONSTITUTIONALIST which is a position

beyond the control of the Legal Service Commission, as it discovered after having extensively20investigate me but unable to obtain anything against me and then discovering I represented a

barrister with the LSC being the opponent on 4 occasions.

People often asked me why do you do this to assist even lawyers and do not charge, but thesimple answer is I belief in justice.25Because of how I speak up in court rooms people became attracted to me as to them so to sayhere was a guy who actually dared to speak out about the injustices.One group was the then well known BLACKSHIRTS under leadership of Mr John MurrayAbbott. Very briefly I was asked to see him at his business Dane Centre and di so. I gained theunderstanding from Mr Abbott that he desired to hang every lawyer and destroy every court30house. No doubt to me he had his views. I was able to elicit from him why he had such viewsand he gave me the understanding that the court had ordered him to pay his wife a certainamount of moneys and if he failed the property would be sold by the Registrar. Mr Abbottshowed to me documentation he had in fact paid the require amount as orders in time but theRegistrar nevertheless went ahead with some sort of fire sale by this selling it for less than the35mortgage still on the property. I expressed my views to Mr Abbott that the Registrar is not anOFFICER OF THE COURT and was bound by the terms of the court order and failing this he

ought to go back to the court about this. In the end on appeal as I understand it the full courtmade known that the sale of the property was not proceeded with within the terms of the orders but the court had no powers against the registrar as he had acted outside the provisions of the40court order. The only real benefit was that Mr Abbott had confirmed, as I had suggested, that theRegistrar had acted without legal justification.I also then assisted other members of the BLACKSHIRTS as to their various issues with courtsand this resulted that members were leaving the BLACKSHIRTS because they had found tohave their issues resolved.45The demise of the BLACKSHIRTS was a natural response when members were leaving.One members as I understood it desired to blow up a tanker in the midst of the public, anotherindicated to desiring to blow up a court building, etc. And as such it never should be under

estimated that when a court disregard to act against a lawyer misusing/abusing the legal processes then a person as result being utterly dissolution may seek a kind of revenge that may50


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result in the dead of innocent people. I advised at the time the then Premier Mr Jeff Kennet aboutmy concerns and I recommended to have metal detectors at court entrances and subsequently anelaborate system eventuated to be installed.I in 1982 commenced a special lifeline service under the motto MAY JUSTICE ALWAYSPREVAIL® and not only persons contacted me who contemplated suicide but even those who5

contemplated to kill their children as they held the children would be better off death than to livein an immoral living condition. It is a very dangerous and risky thing to talk to someone over the

phone who is about to commit murder and to try to reason with the person within a few second toavoid the murder to eventuate. As one person gave me the understanding he was sitting outsidehis wife place with a crowbar and had made an alibi but at the last minute he had the urge to call10me and making known he was going to resolve matters. Not knowing precisely what he was ionabout but guessing from past communication he may desire to say his wife, I merely stated, as Irecall “Whatever you do keep in mind that years from now you have to be able to tell your son itwas in huis best interest and wellbeing.” He disconnected. Weeks later I arrived at the train

station and he was there waiting for me and then he gave me the understanding that because of15what I said he didn’t go ahead with the planned killing of his wife.

This is what my life has been about to fight the gross injustices that are perpetrated in the courts.At times it proved that a judicial officer had pre-determined the orders, at other time judgesfraternising with one of the parties, etc.

20My son Richard likely harmed me more than any of my other children but in the end he is myson and regardless of that he is already a grandfather, I still must try to assist him to get out ofthe hell hole he so to say dug for himself.I understand that when he was 7 years old and his mother and I separated he was forced to callthe mothers new boyfriend “Dad” and he resented that. Despite access orders my former wife25simply denied access. Actually my (then eldest) daughter then was 4 years old and one day I wassitting in McDonalds in the city with one of my other daughters when I was explained to her thatone of the women sitting at the other table looked how her eldest sister would likely look liked.Then suddenly the woman stood up and said “Hi dad”, and came over. That was more than 20year that had passed since I last saw her, but afterwards I discovered she had collected photos of30me.

Back to Richard he was totally devastated to be ripped away from his father and well ended upconsoling himself in other matters, including drugs.

35There is this ongoing publicity about violence against women not being acceptable, but the

problem is far deeper. I experienced sitting in a group of women where I understood woman to

advise a woman who had made known her husband and her were having business financialdifficulties for her to just get an intervention orders to separate, get a boyfriend and her husbandthan would end up having to pay her, and he then would have all the debt. I understood the40woman protested that her husband had done no wrong and she loved him but well the otherwomen were not going to give up.And this is a major problem with intervention orders, that they are obtained by deception andstrip the victim of the unjustified intervention order of his/her rights.Ordinary by law I am not entitled to disclose identities of many such cases involved, but in my45

books in the INSPECTOR-RIKATI® series on certain constitutional and other legal issued I do publish where I have been provided in writing consent by a party permission to disclose and inthe circumstances prevailing there is no legal impediment to do so.


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I experienced a butcher knife to the throat when I wanted to leave my (second) wife (with whomI was separated) having just dropped of the kids from access as she insisted I would stay thenight. While she was legally represented she pleaded guilty with no conviction recorded. And thesame with when she pleaded guilty of assault upon one of the children involving breaking acricket bat in the process, where no conviction recorded despite a guilty plea.5

This is what cause the escalation of violence when a woman who is violent can so to say getaway with it.Violence isn’t generally not because some person likes to hit another person, often it is the

product of accumulation of teasing, etc.10

The rights of the children are generally disregarded in the process, and so even by the courts, asthe originator of the conflicts usually ends up with custody.In fact it was the Children Court who on request of DHS ordered children to be placed in mycustody because of discovering that the violence by the mother had been going on for about 10years, but during that time non one would do anything about it.15I therefore understand the rot that goes on and how the courts in my view are miserably failing to

provide justice.I could expand this statement with reams of paperwork about all kind of incidents but I leave thatfor my books, and I only need to indicate my position why I have taken up the fight of justiceand why I pursue the misuse and abuse of the legal processes by lawyers.20

I however quote a separate issue to show that people who read my writings do support it ingeneral as well as it may indicate their perceptions about matters

QUOTE EMAIL (the email address of Alan R was deleted on his request)25RE: Must read - Eloquently conveyed by Gerrit -FW: Re Myki & Infringement system

People

Alan R

Today at 21:16 (26-5-2016)30

To

'healthachievers -'

CC

'Mr Gerrit H. Schorel-Hlavka O.W.B.'

Message body35

When using suburban train last year I had the adequate $ balance for the trip and went through the stiles atGlen Waverley when the card was read to let me through. When I came to the Melbourne Central to go outof the station the stiles would not open when I swiped the card.

The machine read on the display in sufficient balance. I tried swiping it three times without success and so I40drew the attention of the PTV dude nearby.

I said to him what is going on? He said to me that I must not use the system for free. I objected to hiscomment and told him the stile at Glen Waverley let me through as the balance on the card was around $20



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something. He told me to pay for the fare or I will be fined. I said to him I am honest and did not do as hesaid.

So the rub is, are these cards faulty or did someone know I was using the system at the time and played withthe scanner to make it look like fare fraud?

I later got a transaction report and it showed the scanner at Melbourne Central was in error or someone5 played with it.

You can’t have it both ways, if Infringement Notices are in breach of the Imperial Acts without the correct

and lawful court then we cannot do the same.

I get the point though.

Jacinta Allan is hopeless. She has harmed me mid June last year for what she failed to do.10

From: healthachievers - [mailto:[email protected]]Sent: Thursday, 26 May 2016 8:13 PM

Subject: Must read - Eloquently conveyed by Gerrit -FW: Re Myki & Infringement system

Date: Thu, 26 May 2016 08:54:17 +000015From: [email protected] To: [email protected]

Please scroll down For Gerrits' comments. My opinion is that the Myki System being a "paperless" contractis a Breach of Contract and burdens the customer/constituent with all of the responsibility to ensure quickly20as they board on public transport in peak times to scan the Myki Card correctly - and if one's eye are not so

good - one cannot stop to look close to the small writing on the monitor. Further, when one disembarks the bus - in my case, and if you have bags of shopping etc..., you have to locate your card to "board off" the bus.It endangers us as we need to have one hand holding a part of the bus posts to give us body balance. Further,we are being ripped of interest that the outsourced company and/or State Government is making on our25money that is deposited in the account to ensure that money is always on the card. Why do we not have aSystem, that we choose the trip for

the day and receive a PAPER Ticket for the duration of time selected????? I agree with Gerrit intotality. rgds Marg

END QUOTE EMAIL30

QUOTE EMAILComment Re: Myki & Infringement system

Jim 35

Today at 21:55 (26-5-2016)

ToMessage body

40Gerrit,

Why do you need to ask bureaucrats for your right to issue an infringement notice against them for breachingthe law? Do they ask the people for their consent before fining and persecuting them for all kinds of trivial,

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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superficial and victimless alleged offences? Good luck trying to fine the government and enforce it. At leastthey will have a good laugh over your demand and perhaps think, "Just let him try. We'll bury the old bastardin court and bankrupt him." [grin]

Are you aware the bungled and cursed Myki smartcard system has cost the government $1.5 billion to date5and it still doesn't work properly as evidenced by thousands of public complaints against the Myki system?

The following Age article shed's further light on the subject.http://www.theage.com.au/victoria/myki-still-a-disaster-and-public-transport-victoria-is-not-monitoring-it-

properly-auditorgeneral-20150610-ghkj77.html 10

I suggest that you buy a bicycle before you take your car to the mechanic for a service or repairs in future. Itwill save you a heck of a lot of walking and it 's an efficient method of travelling around your local area.You're a Dutchman so bike riding should be second nature to your people in view of bicycling's popularity inthe Netherlands.

15If you're interested I can recommend a competent and reliable mobile mechanic (he doesn't charge a call outfee) who will service or repair your car at your home for a reasonable fee, and thus save you travelling backand forth to a mechanic's shop via public transport.

You made a good point about the Infringement court being a Star Chamber court operating as a private20corporation known as Tenix Solutions. If Public Transport Minister Jacinta Allan is aware of that fact, then Iexpect she will play dumb and claim she doesn't know anything about it. Too bad you just gave herconstructive knowledge of its unconstitutional and outlawed status. Now let's see if she does her job properly

by investigating and resolving your complaint satisfactorily, or she acts like a typical useless politician andresolves nothing.25

Jim

----- Original Message -----30From: Mr Gerrit H. Schorel-Hlavka O.W.B. To: Mr G. H. Schorel-Hlavka O.W.B.

Sent: Thursday, May 26, 2016 6:54 PMSubject: Fw: Re: Myki & Infringement system

35Let us demand equality that we can issue Infringement Notices against Government department for theirlitany of breaches of law!

Gerrit40



(OFFICE-OF-THE-GUARDIAN) 45

107 Graham Road, Viewbank, 3084, Victoria, AustraliaPh (International) 61394577209

Email; [email protected] 50


If you find any typing/grammatical errors then I know you read it, all you now need to do is to consider thecontent appropriately!55

A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING CONCERNEDTO BE LABELLED A FOOL.

60

http://www.theage.com.au/victoria/myki-still-a-disaster-and-public-transport-victoria-is-not-monitoring-it-properly-auditorgeneral-20150610-ghkj77.htmlhttp://www.theage.com.au/victoria/myki-still-a-disaster-and-public-transport-victoria-is-not-monitoring-it-properly-auditorgeneral-20150610-ghkj77.htmlhttp://www.theage.com.au/victoria/myki-still-a-disaster-and-public-transport-victoria-is-not-monitoring-it-properly-auditorgeneral-20150610-ghkj77.htmlmailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://www.theage.com.au/victoria/myki-still-a-disaster-and-public-transport-victoria-is-not-monitoring-it-properly-auditorgeneral-20150610-ghkj77.htmlhttp://www.theage.com.au/victoria/myki-still-a-disaster-and-public-transport-victoria-is-not-monitoring-it-properly-auditorgeneral-20150610-ghkj77.html


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----- Forwarded Message -----From: Mr G. H. Schorel-Hlavka O.W.B. < [email protected]>To: [email protected]: Gerrit Schorel-Hlavka O.W.B. Sent: Thursday, 26 May 2016, 18:515Subject: Re Myki

Jacinta,

my wife and I as senior citizens have Myki cards and we have an automatic update, as such there is still10ample of funds on the cards. If however we were to use it the cards will not operate because they were de-activated (Not by us!). Meaning our moneys is held by the government unlawfully.

So, I attended to several service stations and to news agents and Rosanna train station but to no avail as eachtime there was no facility to get the card re-activated or to have a replacement issued. And so we do not use15

public transport.

For sure we get this crap to go to Southern Cross station to exchange the cards but then who pays for the trainfare? Are we to incur cost to get our cards reactivate where the monies are still on them and therefore should

never have been de-activated in the first place?20

What is the use if cards can be de-activated so a State Government can steal the money that is on it and holdcard holders at ransom?

While you may argue this was a different Government reality is that a Government doesn't get elected as only25candidates are elected to become Members of Parliament, and then the Governor commission certainMembers of his/her liking to be constitutional advisers, and to manage Departments. As such nothing likeany political government as any Minister has to act for all citizens of the state irrespective of their personal

political views.30

If I did the same to the State government to hold moneys unlawfully then I could go for fraud, then I view theState government likewise commits fraud.

As for the card details, you do not need to bother to try this as an excuse because you will have both my wifeand my details on records. After all it was your department that originally contacted us to have Myki cards.35

I urge you to provide me with the right to issue an Infringement Notice against your Department for failing toallow us to use our cards and fraudulently keeping our monies. After all if you view that offenders should bedealt with via Infringement Notices then this must be so to say a two way street so we can likewise chargethe State for this and caused out of pocket expenses.40

When my car was in repair I had to walk some 4 to 6 kilometres to try to get to a news agent to seek to get aMyki card replacement only to be told that their equipment had broken down. Well an about 10 kilometresround trip is not fun when having problems with walking.

45

So I need to get a Myki card to be able to use a public transport to get a Myki card, where the Myki card inmy possession has now for years been de-activated but the State Government is making monies on interest,etc. And this you consider is proper management? And you have the gall to claim that fare offenders should

be punished by the courts?50

And while you are on it the SRO (State Revenue Office) is holding about $218 of my wife (she is 83) and sofar refused to hand over the full amount of monies to her. Perhaps the integrity of the SRO is such as to waittill she dies, as after all they have this money for more than a decade, which in error by a provider wastransferred to the SRO claiming that they couldn't refund the monies (they had overcharged) not knowingwhere my wife resided, this while all along and even now still having my wife as their customer on their55records and know where to send out new accounts.

So let us have an Infringement system directed against the State government where each time if it violates the

rights of a citizen it then has to pay out a fine. But let us make sure it is not the taxpayers who are feeding the


22/61



bill but the Minister who is incompetent to appropriately deal with matters. Then we might even get a"responsible Government"!

My wife's details are Olga Hlavka-SchorelMy details are Gerrit Schorel-Hlavka5Your Department records should hold further relevant details of us.

As the Letters patent published in the Victorian Gazettte on 2-1-1901 requires an "impartial administration of justice" then any purported Infringement court can only deal with matters if both the state as well as thecitizens can institute legal proceedings against each other.10

If this is not facilitated for then we are dealing with the outlawed STAR CHAMBER COURT now referredto as an Infringement court. And let me know when you were able to sit in the public gallery of theInfringement Court to listen to the Registrar dealing with cases, will you?

15You may find it is a computer operated by a private corporation TENIX SOLUTIONS IMES incapable to actas a court.

When the state fails to be a model citizens and rob senior citizens then little wonder we have so many of our

youth having a disregard for law and order, as the State give an example how engage in criminalities20

--25Mr G. H. Schorel-Hlavka O.W.B. MAY JUSTICE ALWAYS PREVAIL®107 Graham RoadViewbank3084, Victoria, AustraliaAuthor of INSPECTOR-RIKATI® books on certain constitutional and other legalissues.THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE

DISABLED END QUOTE EMAIL30

QUOTE EMAIL

REPLY - Hansard should Not be Edited: Hansard editing practices - Inquiry: Mr Gerrit Schorel-Hlavka

People35

healthachievers -

Today at 13:41 (26-5-2016)

To

Gerrit40

Message body

I thank Gerrit alerting us to again another important issue.

In my opinion, if an error of words was made, then an asterisk ought to be underscored on the word and/or45words with a footnote

by the elected representative of the correct wording with his signature on the same page of the alteration.

rgdsMarg50

Date: Wed, 25 May 2016 11:51:43 +0000From: [email protected]: [email protected]: Fw: Hansard editing practices - Inquiry: Mr Gerrit Schorel-Hlav ka55

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


23/61



So it appears that the Hansard no longer can be relied upon as to what actually was stated and in what formal by a MEMBER OF PARLIAMENT..Feedback welcome..5Gerrit


MAY JUSTICE ALWAYS PREVAIL® 10Mr. G. H. Schorel-Hlavka O.W.B., GUARDIAN

(OFFICE-OF-THE-GUARDIAN) 107 Graham Road, Viewbank, 3084, Victoria, AustraliaPh (International) 61394577209.15Email; [email protected]


20If you find any typing/grammatical errors then I know you read it, all you now need to do is to consider thecontent appropriately!

A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING CONCERNEDTO BE LABELLED A FOOL.25

----- Forwarded Message -----From: Mr G. H. Schorel-Hlavka O.W.B. 30To: Hansard - Forum (DPS)

Cc: Gerrit Schorel-Hlavka O.W.B. ; "Fievez, Justine (DPS)"

Sent: Wednesday, 25 May 2016, 21:42Subject: Re: Hansard editing practices - Inquiry: Mr Gerrit Schorel-Hlav ka 35

Justine,thank you for your input but in brief could you confirm or deny that the transcript was altered as to what MrBarnaby Joye was correctly recorded to have stated to amend it because of Mr Barnaby Joyce insisting thetranscript had to be changed (for political reasons).40.I will explain an indicant unrelated to the parliament but where in about 1985 I had court transcript amended,and as such understand the system.The (written) transcript read (in regard of a paternity case): "I told Mr Allan that Scotish bastard."

Where this was corrected upon my complaint that the transcript was in error to "I told Mr Allan that Scott45was the husbands."The transcript service having listened to the tape recording realised they had made an error.Because at the time I was reading out a written statement, it was clear that I knew the transcript was in error,and that was accepted then by AusCript, once they checked the audio recording. ..50However, if Hansard is changing what was stated as recorded to something different then what the Memberin the Parliament actually was recorded to have statedI do have concerns that you state that the Hansard adds missing words such as "and" because it could alter themeaning what actually was stated.When I am at the bar table I often zero in to what is stated in the Hansard. UI quote Hansard with any error in55the transcript because to do otherwise is not correctly quoting it. With the Hansard records of the 1891, 1897and 1898 Constitution Convention Debates there are a litany of errors, and at time a judge make known this

when he assumes I made a typing error but I make clear it is not for me to alter anything of the type versionof the Hansard. I must quote it with the errors included.



24/61



If the Hansard now is amended by staff to insert words or to delete words (where they were repeated) thenthis can effectively alter what the member may have intended to say. At times a person may seek toemphasise something by repeating a word such as "it was a very very dirty dog". In my view Hansard shouldnot then interfere with this repeat of a word. To do so removed the emphasis upon a particular word and soalter what the Member intended.5.

If staff view that an alteration ought to be inserted or removed then I view it would do better to say do asfollows, as an example:

"John and Charlie went to the Parliament voted in the Chamber" to "John and Charlie went to the Parliament10[and] voted in the Chamber" In this manner a person reading this may conclude the word "and" was added.

Newspapers often use this system in articles when a person is quoted to have stated something and thenewspaper editor holds that for clarification something needs to be inserted to indicate to whom it wasapplied..15Likewise, if a word is to be deleted then this I view could be done as follows:"John and Charlie went to the Parliament Parliament voted in the Chamber" to "John and Charlie went to theParliament [ Parliament] [and]voted in the Chamber"

I now may never be able to trust the Hansard as to be accurate if Hansard is manipulating the transcript to20amend it to a version other then what actually was stated.

GerritEND QUOTE EMAIL

25As a CONSTITUTIONALIST I often find that lawyers representing clients are going bywhatever they learned during their law studies and when working to obtain their articles and donot bother and/or have no time to explore matters otherwise.

We have for example that the Budget was handed down on 3 May, but anyone who would30understand and comprehend s57 of the constitution would be aware that about 6 months isneeded to allow for twice putting the Bills through the Parliament, to call for a DOUBLEDISSOLUTION and to hold and election and then have successful candidates taking up theseats elected for and then having to convene the Parliament to put the Bill through the Parliamentand if failing again then provide for a joint sitting.35Clearly the budget Bills should be submitted to the Parliament no later than the new year

preceding the new financial year on 1st July following.

Hansard 12-4-1897 Constitution Convention Debates (Official Record of the Debates of the NationalAustralasian Convention)40QUOTE

Mr. GLYNN Does that put a maximum on military expenditure?

Mr. PEACOCK: A maximum on all expenditure!

Mr. BARTON: It seems to me to put a maximum on all expenditure, because the whole of the

expenditure cannot exceed the total yearly expenditure in the performance of the services and powers45given by the Constitution, and any powers subsequently transferred from the States to the Commonwealth.

Mr. SYMON: Does that prevent any increase in case of war?

Mr. BARTON: Yes. END QUOTE

50


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Also the Framers of the Constitution made clear that once the bills were passed they couldn’t be

increased during that financial year. Yet nevertheless so called mini-budgets are provided for by politicians in violation of constitutional limitations.Going to court to challenge the validity of the process is to get judges who themselves generallydo not have a clue what is applicable and with the 2006 WorkChoices judgment take matters out5

of context, etc.As such a judge may hold I am utterly and completely wrong not because I am but because the

judge is not open minded and consider what actually are the facts.

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I may also indicate as an example that I hold that the Federal government current absurd taxationupon cigarettes is unconstitutional. Granted the Commonwealth has the unlimited powers tolegislate as to taxation bar for the legal principles embedded in the constitution.What the commonwealth is doing is to apply a level of taxation to pursue people to give up25smoking, this even so the sale of cigarettes and the smoking of cigarettes is not unlawful if notdone in any prohibited areas..HANSARD 8-2-1898 Constitution Convention Debates

QUOTE30 Mr. HIGGINS.-I did not say that it took place under this clause, and the honorable member is quite right insaying that it took place under the next clause; but I am trying to point out that laws would be valid if

they had one motive, while they would be invalid if they had another motive. END QUOTE.35Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the NationalAustralasian Convention)QUOTE Mr. WISE.-

The result would be that the rights and liberties of every citizen in the community would be placed at

the mercy of a chance parliamentary majority.40

Mr. GORDON.-That is the position now-the rights and liberties of every individual are at the mercy of a parliamentary majority.

Mr. WISE.-The honorable member is now speaking of rights in respect to legislation. If the Parliament ofSouth Australia were to pass a law contravening the Merchant Shipping Act

Mr. GORDON.-I am not speaking of Imperial legislation.45

Mr. WISE.-Suppose the Parliament of South Australia wanted to get rid of the Plimsoll Mark Act-eventhough there were a majority it would be invalid, but according to the honorable member, when, we havehere a case exactly analogous, if the Constitution limits the power of the state, and enacts that certain powersshall belong exclusively to the Commonwealth Parliament, and that if the state deals with them it invades the

authority of the Commonwealth Parliament, the individual is to have no rights unless he can persuade the50Government of the day to take up his case. It is in the interests of the poorer and uninfluential classes of


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the community, it is. in the interests of the minority, that this amendment should be rejected, because it

places an obstacle in the way of obtaining that justice which ought to be free to every individual in the

community.

Mr. HIGGINS (Victoria).-I should like to add my protest against this new clause. I am bound to saysomething, because the honorable member (Mr. Gordon) says it is only the conservative and timid lawyers5

who would venture to oppose this proposal.

Mr. GORDON.-I did not say that. I said as a rule the legal profession is, according to Herbert Spencer, atimid and conservative class.

Mr. HIGGINS.-That may be so, and if the honorable member says he did not make that statement it is allright. Anyhow, I thought he said that only conservative and timid lawyers would oppose this clause. There is10no doubt the intention of the honorable member is excellent. He wants to diminish litigation. If he can showthat this will diminish litigation to any material extent, and, at the same time, will not involve us in a greatmany dangers to our liberties, I will go with him, but he has not shown anything of the sort. As Mr. Wise hasshown, it will throw an unpopular minority into the power of a chance Ministry of the day. We must see to-day that the rights of individuals, even unpopular individuals, are preserved in the Constitution. I think15

Sir John Forrest said that I personally had not got sufficient respect for the rights of individuals.

Sir JOHN FORREST.-No.

Mr. HIGGINS.-Do I understand him to refer merely to private property?

Sir JOHN FORREST.-Not the same respect as I have.

Mr. HIGGINS.-I understood the honorable member to put himself on the very highest pedestal, and by20contrast to put me on the very lowest. At all events, I feel that if this were carried, an unpopular individual, toobtain his rights and liberties, would have to go cap in hand to and be at the mercy of the Government of theday. I was thinking of the pig-tail case which occurred in California, and which I alluded to some time

ago, where an abominably unjust law was passed against Chinamen. It was passed to persecute them

in regard to their pig-tails, which they [start page 1689] regard with exceptional reverence. That law25was declared to be unconstitutional as a law passed by a state. I ask honorable members to consider thegreat difficulty there would be in getting the Federal Congress or Federal Executive to interfere in the case ofChinamen, so as to enforce their rights in such a case. There was an exceptional law which should never have

been passed. It was distinctly a persecuting law. Any practical politician would see the great difficulty therewould be in appealing to a Federal Executive, especially if there was an election approaching, to enforce the30

just rights of Chinamen in such a case. The same thing might happen supposing a federal law were

passed which was outside the Constitution. Supposing that a majority of the state concerned happened

to regard the man as unpopular supposing a law were passed that no one bearing the name of Jones

should be admitted into the state of Virginia, the law might be directed against a certain person named

Jones, and it would be unconstitutional, and Jones could not enforce his rights to go into that state. I35ask, is he to be compelled to go cap in hand to the Attorney-General of the state of Virginia to enforce his

rights? I feel that, with the very best intentions my honorable friend is making the gravest of mistakes. So faras regards the main purport of the amendment, it would mean this: That you could only get a point of this sortdecided by having a state or Commonwealth intervening as a party. You would turn judicial questions into

political questions. You would proclaim-"Here is a question between the state and the Commonwealth;40here is a political question"; and you would make the Judges partisans. It is one of the greatadvantages of private persons being able to raise these points, and not the states or the

Commonwealth, that you keep the judicial bench free from the taint of political partisanship. I feel thatthe more you look at this thing all round, the more inconsistent it is with the very first principles of justice. Itmay be said-Even supposing the law does go beyond the Constitution in some degree, surely it ought not to45

be left to a private person to upset it." I say it ought to be upset at once and at the very earliest point. As

soon as ever you find it has gone beyond the bounds you ought to say-"This thing is illegal." Otherwise

you will leave to the Ministry of the day these powers of which you are so careful, giving them to a

majority of the states and to a majority of the people. You would allow the Ministry of the day to

exercise a suspending power as to whether it would enforce a law or not, which is most dangerous. It is50 one thing to induce a Government or Parliament to pass an unjust law, and it is quite another thing to inducea Government for one excuse or another to hold its hand from acting. What I fear is that you would often


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induce the Government to withhold its hand from acting, for fear it would incur opprobrium or unpopularity.I sincerely hope the amendment will not be carried.

END QUOTE

Hansard 25-3-1897 Constitution Convention Debates5QUOTE Mr. WISE:

The power of the senate to deal with money bills is so clearly defined that I doubt if any ingenuity couldsuggest the possibility of dispute arising between the two houses on that question. That at once removes oneof the most prolific sources of dispute between the two chambers in the past. Then as to the second class ofdispute arising from social differences, all through this discussion, not, I admit, in this house but outside, the10controversialists of one party ignore, or seem to ignore, the limitations of federal government. They forget

that this commonwealth can only deal with those matters that are expressly remitted to its jurisdiction;

and excluded from its jurisdiction are all matters that affect civil rights, all matters that affect

property, all matters, in a word, affecting the two great objects which stir the passions and affect the

interests of mankind. I fail entirely and I shall be glad if some alarmist will enlarge my views on this15matter-to perceive in this bill any question on which there is any possibility of a conflict between the statesand the people, except, in one respect, and I will define that in the largest possible way. In legislationaffecting commercial interests, or financial interests, it is possible to imagine that the states will be broughtinto conflict as states with the concentrated majority of the populations of the two large states over a questionof trade. It is possible to imagine the same thing arising over a question of commerce, or over a question of20finance.

END QUOTE

HANSARD 27-1-1898 Constitution Convention Debates QUOTE 25

Mr. BARTON.-Our civil rights are not in the hands of any Government, but the rights of the Crownin prosecuting criminals are.

END QUOTE

Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian30Convention)QUOTE

Mr. ISAACS.-We want a people's Constitution, not a lawyers' Constitution. END QUOTE

35HANSARD18-2-1898 Constitution Convention Debates (Official Record of the Debates of the NationalAustralasian Convention)QUOTE Mr. ISAACS.-

The right of a citizen of this great country, protected by the implied guarantees of its Constitution, END QUOTE40

HANSARD 17-3-1898 Constitution Convention Debates

QUOTE

Mr. BARTON.- Of course it will be argued that this Constitution will have been made by the Parliament ofthe United Kingd

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