20191024-G. H. Schorel-Hlavka O.W.B. To VGSO - Nick Field Chief Operating Officer
20191024-G. H. Schorel-Hlavka O.W.B. To VGSO - Nick Field Chief Operating Officer
1
 2
 3   Victorian Government Solicitor's Office                                        24-10-2019
 4   C/o Nick Field Chief Operating Officer
 5   Level 39, 80 Collins Street, Melbourne Vic 3000
 6   t +61 3 9032 3004 f +61 3 9032 3049
 7   [email protected]
 8
 9                     Ref: 20191024-G. H. Schorel-Hlavka O.W.B. to VGSO- Nick Field Chief Operating Officer
10
11   Sir,
12       I refer to the various correspondences relating to the so called RED SHIRT issues.
13
14   Just to recall:
15
16   QUOTE 24-11-2018 correspondence
17         When the Victorian Government solicitors Office in Pervakis v Schorel-Hlavka CCV No
18         AP-12-1704 matter prosecuted me I became aware that the right of silence was no more.
19   END QUOTE 24-11-2018 correspondence
20
21   This was where I as a candidate in the State election of Ivanhoe had refused to file a declaration
22   as to expenses, this as I at the time stated to the court, I pursued compensation from Banyule
23   City Council for destroying/damaging, etc, my political banners/posters involving then city
24   councilor Mr Anthony Carbines who ended up in that 2010 state election to become the
25   successful candidate.
26
27   It was Mr Matthew Carrazzo of the Victorian Government Solicitor's Office
28   ([email protected] <[email protected]>) who then for Pervakis (Pervakis v
29   Schorel-Hlavka CCV No AP-12-1704) was conducting the litigation against.
30
31   I held that this was nothing less but a political conduct against me as another candidate who had
32   not at the time made any financial declaration was not then charged. Mr Anthony Carbines as my
33   opponent in the election using Banyule Council staff was clearly violating council policies.
34   While this might in itself not relate to the Red Shirt issue it is however relevant that upon his
35   election in Pervakis v Schorel-Hlavka CCV No AP-12-1704 then I was pursued for not filing a
36   expense declaration but not the other candidate who also didn’t file a expensive declaration, and
37   while the court held I was guilty the court did not otherwise issue orders against me as the court
38   was made aware that I didn’t desire to make an expense declaration and then afterwards
39   receiving monies as compensation, if any, then could be held to have made a false and
40   misleading declaration.
41   As such, my refusal to file a declaration was to avoid being held liable of filing a
42   false/misleading expense declaration.
43
44   With the RED SHIRT issue it is in my view clear from the then Ombudsman of Victoria Report
45   that Mr Matthew Carbines and other candidates misused persons for electoral issues not
46   permitted by law. I understand that hundreds of thousands of dollars were involved in this. I
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                                                             Page 2
 1   understand that the Victorian Australian Labour Party paid hundreds of thousands of dollars as
 2   result that were as to what was established by the then Victorian Ombudsman as having been
 3   inappropriately used for election purposes.
 4
 5   Prior to my 24-11-2018 correspondence I had previously written about my earlier writing “Ref:
 6   20181123-G. H. Schorel-Hlavka O.W.B. to Victorian Government Solicitors Office”
 7   .
 8   As Parvakis was acting on her own behalf and yet the Victorian Government Solicitors Office
 9   nevertheless represented her then I view the VGSO should likewise now pursue matters on my
10   behalf against all and any who filed false/misleading financial declaration regarding the 2014
11   Victorian State Election. After all if the VGSO were to fail to do so then it would show not only
12   political bias but more over to blatantly disregard serious issues such as the filing of
13   false/misleading financial declarations, etc.
14
15   If Mr Matthew Carrazzo failed to pass on the correspondences to the VGSO then nevertheless
16   the VGSO should hold that as it was addressed to “Victorian Government Solicitors Office”
17   then for all purposes and intend this was correspondence to it.
18
19   I understand that statements were made by various persons that no charges are to be pursued
20   against any of those involved in the so called RED SHIRT issue, however, I view that in regard
21   of my 23-11-2018 complaint, etc, any such statement could be deemed an obstruction to justice
22   as the VGSO has not whatsoever responded to my complaint. It appears to have merely blatantly
23   ignored it, and this would rather indicated that not the Rule of law is its concern but political
24   bias.
25
26   I therefore urge you to ensure that my complaint is appropriately considered and that appropriate
27   action is taken to hold those who failed to disclose relevant details in their 2014 declaration as
28   held legally accountable as much as the VGSO pursued me, this even so I have nothing to
29   declare.
30   If nothing to declare nevertheless is an offence no doing so then surely filing false/misleading
31   declaration by so many cannot be ignored.
32
33   It has now been more than 11 months since I provided my 23-11-2018 correspondence, etc,
34   and so well overdue for me to receive an appropriate response.
35
36   QUOTE 23-11-2019 CORRESPONDENCE
37   Victorian Government Solicitors Office                                      23-11-2018
38   C/o Matthew Carrazzo
39   Principal Solicitor @ Victorian Government Solicitor's Office
40   Workplace Relations & Regulatory Compliance
41
42   Victorian Government Solicitor's Office
43   Level 39, 80 Collins Street, Melbourne Vic 3000
44   t +61 3 9032 3004 f +61 3 9032 3049
45   [email protected]
46   www.vgso.vic.gov.au
47   [email protected] <[email protected]>
                       Managing Lawyer @ Brimbank Melton Community Legal Centre
48
49          Ref: 20181123-G. H. Schorel-Hlavka O.W.B. to Victorian Government Solicitors Office
50
51   Sir,
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                                                                Page 3
 1       because your email address is doubtful as to if it is with or without spaces, etc, I will use
 2   different versions as to try to make sure you receive it.
 3
 4       As you may recall you were involved in the Pervakis v Schorel-Hlavka CCV No AP-12-
 5   1704 matter in which the Victorian Government Solicitors Office represented Pervakis and
 6   when the matter came on appeal before Her Honour Gaynor J in the County Court of Victoria
 7   Her Honour made it clear that within the provisions of the legislation anyone could bring a case
 8   regarding such matter to the court.
 9   QUOTE
       From: [email protected] <[email protected]>
11                                           (2KB)
12            Scho3107Extract.doc (47KB)
13
14         Gerritt,
15
16         I refer to our telephone discussion this afternoon
17
18         Please find attached a transcript of the digital audio file containing the recording of your evidence
19         to the Magistrates' Court at the hearing on 31 July 2012:
20
21
22         I will arrange for a copy of the CD containing the complete recording to be sent by express post this
23         afternoon, so that it shall hopefully arrive on Monday.
24
25         I am grateful for your indication that you preliminary indication that you will not take issue with the
26         authenticity of the recording. I understand your position to be that the admissibility of the recording
27         as evidence of any admission by you concerning the failure to lodge a campaign donation return
28         may still be the subject of argument.
29
30         I am also grateful for your indication that you do not require Mr Oldfield's attendance as a witness,
31         as was the case with the Magistrates' Court hearing. I will notify Mr Oldfield that his attendance is
32         not required.
33
34         Finally, I confirm that I will seek instructions from my client as to any application for an adjournment
35         of the hearing on Wednesday, on the basis that your preparation for the hearing has been
36         disrupted by the hacking of your home computer systems and deletion of much of your stored data.
37         I will contact you on Monday to confirm these instructions.
38
39         Yours sincerely,
           Matthew Carrazzo
           Senior Solicitor
           Workplace Relations & Regulatory Compliance
 1   himself/herself or other political aligned person would be financially benefitting from this and
 2   regardless if there is any legislation on foot to purportedly permit this it nevertheless violated s44
 3   of the Commonwealth of Australia Constitution Act 1900 (UK) to which the States within
 4   Section 106 “subject to this constitution” are bound to the embedded legal principle of Section
 5   44, which was derived from the colonial constitutions.
 6
 7   There is also an issue that Premier Mr Daniel Andrews authorized the release of about 80,000
 8   pages relating to decisions of Mr Matthew Guy then as planning Minister. The issue is that
 9   clearly the release (itself breaches publications of privacy legislation of certain confidential
10   details) was for no other purpose but as a political tool. To scan in and convert those 80,000
11   pages into a pdf format would have taken numerous hours and hence the cost of this for political
12   purposes cannot be deemed for the public purpose and I view by this Mr Daniel Andrews
13   misused/abused his office and legal powers as a Premier to do a political battle and should be
14   held legally accountable for the cost associated with this.
15   .
16   Likewise so with the rorting of the Red Shirt issue, I view that the litigation such as the High
17   Court of Victoria case against the Victorian Ombudsman was not one of a nature of public
18   interest but was a private matter of those involved in the Red shirt issue and hence the cost of
19   reportedly more than $1 million was to be deemed a private matter cost which the Premier and
20   others involved should re-reimburse the taxpayers and be held legally accountable for defrauding
21   the State consolidated Revenue fund (taxpayers).
22
23   Further, as it is a violation of electoral laws to interfere with the political material of a candidate
24   and my evidence before the court, not challenged whatsoever by the prosecution both before the
25   Magistrates Court of Victoria and on appeal before Her Honour Gaynor J in the County Court of
26   Victoria then I view charges should have been laid against Mr Anthony Cart bines and those who
27   assisted him in vandalizing, stealing, interfering my election material.
28
29   The following transcript is about the court case against me and it must be made clear and
30   understood that my evidence as to Banyule City Council involvement and so of Anthony
31   carbines and others was never challenged! As such it was uncontested evidence in court.
32
33   Pervakis v Schorel-Hlavka CCV No AP-12-1704
34
35   QUOTE 31 July 2012
36                                  TRANSCRIPT OF PROCEEDINGS
37
38         MAGISTRATES' COURT
39
40                     No. C11666860
41
42         HEIDELBERG
43
44         TUESDAY 31 JULY 2012
45
46
47         BEFORE MS S.M. WAKELING, MAGISTRATE
48
49         LOCAL GOVERNMENT INSPECTORATE v. GERRIT HENDRIK SCHOREL-
50         HLAVKA
51
52
53         EXTRACT OF PROCEEDINGS
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                                                       Page 6
 1
 2
 3         MR M. CARRAZZO appeared on behalf of the Local Government Inspectorate.
 4
 5         MR G.H. SCHOREL-HLAVKA appeared in person.
 6
 7         PROCEEDINGS RECORDED BY MAGISTRATES' COURT
 8
 9
10         SPARK AND CANNON                                                               9248-5678
11         Level 9, 620 Bourke Street, Melbourne
12
13   The Crown in right of the State of Victoria.
14       This work is copyright. No part of it may in any form or by any means (electronic,
15       mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in
16       a retrieval system or transmitted without prior written permission of the Authorised
17       Officer.
18
19         HER HONOUR: Yes, all right, now, Mr Schorel-Hlavka, I've indicated to you previously
20         that you are not required to respond to the evidence that I've heard, that if you choose to
21         give evidence in response to the evidence of the prosecution this is your time to do so.
22         MR SCHOREL-HLAVKA: Can I take my laptop with me?
23         HER HONOUR: Absolutely.
24
25         <GERRIT HENDRIK SCHOREL-HLAVKA, sworn and examined:
26         HER HONOUR: Now, you're welcome to have a seat, Mr Schorel-Hlavka?---Thank you.
27         May I make a statement first of all, Your Honour, so that that may help?
28         Yes, I think that the best way of proceeding is for you simply to tell me about the
29         circumstances that I need to know about in response to the allegation that is made?
30           ---Your Honour, Banyule City Council and myself had a long running dispute in regard
31         of elections. I'm a person who stands up for the constitution and my elections are about
32         constitutional matters and a proper observation of the constitution. One of the issues I
33         have been dealing with is that the councils were overcharging ratepayers in certain ways
34         like on pensions because they're not following the Commonwealth requirement to limit the
35         rate increases to CPI, so what Banyule council's been doing; for instance when I stood
36         against one of the councillors for the election they then, in 2010, started to remove all my
37         posters and banners because of the damage to the council if I was to get elected. The
38         extent was that far that even the police got involved because my posters were slashed, it
39         scared my wife, they dumped them in my yard. Councillor Anthony Carbines at the time;
40         he instructed councillors to remove my banners and posters and this went on, so that was
41         during the Ivanhoe election.
42         Who was it? Who do you say instructed the council - - -?
43           ---It was then Councillor Anthony Carbines. He was then subsequently elected in that
44         election. I was also - had my posters and banners regarding opposition of freeway when he
45         was in favour of the freeway, so there was quite a clash there. He even had the council on
46         my back saying that I was littering the road with how to vote cards. Now, I gave out free
47         how-to-vote cards outside the post office and because he had his office next to the post
48         office - - -
49         You've identified the problem that you were having?---Yes, okay, so there was a little bit
50         of problem there, so the council basically was targeting me unrealistically because how-to-
51         vote cards are outside our litter laws, but anyhow, so that had been going on which the
52         police investigated and I said, "Look I want from the council an investigation and I want
53         you to compensate me for the missing posters and banners." When it came down to the
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 1         Olympia ward election the same thing again was happening; that's the election ward
 2         (indistinct) the same thing happened. My banners and posters were being removed, not of
 3         any other candidate, only mine, and there was quite a correspondence of that, so my letter -
 4         and then Kylie Boyle; she wrote about the returns and everything else and I had already
 5         written previous to the council that for me to do a return I would have to know how much
 6         compensation do council provide because that basically has to be disclosed as part of a
 7         donation because it was regarding cost incurred previously, et cetera.
 8         Let me just make sure I understand what you're telling me there. You're saying that in
 9         order to determine the declarable donations received by you in the election campaign you
10         had to have resolved the issue of the compensation due to you from the council?---Yes,
11         that's what I was asking for; the loss of all the banners that they were taking away during
12         the election.
13         You were proposing to set off the compensation owed to you by the council against the
14         donations that you received. Is that right?---Well, I didn't receive any donations, but if the
15         council were to give me a donation then that would have to be declared as a settlement,
16         let's say, for the missing posters. In fact, Your Honour, when Kylie Boyle was involved in
17         that there was ongoing correspondence. Now, one of the letters was in fact my 5 May
18         2011 correspondence to Kylie Boyle, immediately the same day when she wrote to me,
19         you know, that I still could file and in that for instance I stated where I am to make a
20         declaration that obviously the issue is that it must be done to the facts and not simply is
21         concocted or just made up and hence I will await from each council their report to me as to
22         resolve the investigation and also any conclusive report that the Victoria Police may
23         provide. Finally, one day, I can, in all honesty, provide any declaration that ordinarily are
24         or may be required within a specific time period. It was simply I have asked for
25         investigations by the council already for a long running time and ask them to compensate
26         me for the damage that was done et cetera which is basically towards the election funds
27         because it's part of it. I've clearly indicated that, so it wasn't an issue about saying I thumb
28         my nose on the law, I don't do that. It was simply that I am saying, "Look if you want me
29         to make a declaration let me do it in an honest and proper manner." That's what the issue
30         was about, so there was ongoing correspondence, but I'm just saying the 5th. So what
31         council obviously did, and the witness before said that he didn't know about it, but clearly I
32         was in communication with Kylie Boyle from Banyule council. There was police
33         investigation going, there was council elections going on and I still haven't had a response.
34         Now, when I immediately the same day respond, right, to them then it doesn't show that I
35         just thumb my nose on them and said, "Look I ignore you." I have asked them to respond
36         back to me and I know councils don't always respond back immediately, they take their
37         time. It has been in other matters that I have written to council too that it takes sometimes
38         a year or more before I get a response, so in that regard there's nothing that I did to say,
39         "Look I don't care." It is simply - and this letter on 5 May relates to it and this is what I'm
40         saying. There was a lot of waiting going on about matters and I believe that in the
41         circumstances I acted properly and when Kylie Boyle said, "Look we give you an
42         extension of time," whether it's 16 May or not, where she is acting on behalf of the council
43         I'm entitled to assume that she is lawfully authorised to give the extension. If she misled
44         me that is not my fault. I acted in good faith to what they were saying. Now, in this letter,
45         you know, of 5 May - I haven't got a hard copy with me, but I can email it and
46         Your Honour can straightaway have a copy of it. It clearly will underline, without going
47         into all the details, that this was an ongoing conflict regarding council versus me and I say
48         that this matter currently before the court simply is another way of them trying to get back
49         on me because I'm exposing what they are doing wrong. I don't believe this is in good
50         faith to say, "Look, you know, this man just thumbs his nose on the law." That wasn't it at
51         all. Mr McMillan, himself, knows that over the past I have had numerous council issues
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                                                       Page 8
 1         with him regarding a 400 million dollar project in Greensborough. I was the only objector
 2         and in the end it didn't go ahead because I wrote to the Federal Government it was
 3         unconstitutional to fund it and in the pub case, so that is basically what I want to say,
 4         Your Honour.
 5         Thank you. I just want to be very clear about my understanding of your evidence then. I
 6         do understand that you were engaged in discussions with the council at least and had
 7         requested an investigation by the council and an investigation by the Victoria Police with
 8         respect to allegations made by you that the council was systematically targeting you for the
 9         purpose of discouraging you from seeking election or hindering your chances of being
10         elected?---Yes, not seeking election, Your Honour, if I may correct you - - -
11         Hindering your chances of being successful?--- - - - but determined to undermine my
12         election.
13         You were in correspondence and discussion with Kylie Boyle on behalf of the council with
14         respect to the claims that you were making on council and to Victoria Police. Am I correct
15         about that?---Yes, that's right.
16         During those discussions you received a reminder from Ms Boyle dated 5 May to lodge
17         your declaration by 15 May. You had made it clear to Ms Boyle that you were seeking to
18         resolve the question as to the moneys owed to you by council either by means of a council
19         investigation or a police investigation. You were genuinely and honestly convinced that
20         you would be required to declare any funds that you did receive as a result of the
21         investigation by council or police in the return following the bi-election and that having
22         regard to the fact that that dispute was as yet unresolved you were deferring lodging your
23         return. Is that what you're saying?---That's what I indicated. I indicated and, as I said, the
24         moment I got her email regarding the declarations I immediately returned back the letter
25         saying this and that, so that was all - - -
26         Sorry, no, I don't understand that?---When Ms Kylie Boyle wrote to me on 5 May the same
27         day I wrote back to her immediately on that.
28         Yes?---The problem with have sometimes is the different council office do different things,
29         they don't seem to communicate - - -
30         What did you say in response to her?---Well, that's what I read out before to you.
31         Yes, sorry, and I didn't follow it, so just take me through it again?---Okay. That I wanted
32         to do a declaration, but I said here, "One day can I honestly provide a declaration that
33         ordinarily may be required within a specific time period", so I'm saying, "Look I want to
34         do the declaration, but I don't want to make a false declaration because then I can be held
35         liable by law for filing a declaration that may be untrue", so what I needed to do was a
36         declaration and I said, at that very moment, "I cannot make a declaration because the
37         council has not responded back to me, the police hasn't given me any information yet and
38         so I'm in no legal position to give a declaration because if I do now I am liable to making a
39         false declaration."
40         All right, thank you. I think I've understood your evidence?
41           ---Thank you.
42         Any cross-examination?
43         MR CARRAZZO: No, Your Honour.
44         HER HONOUR: Thank you. You're free to leave the witness box. Thank you, Mr
45         Schorel-Hlavka?---Thank you, Your Honour.
46         <(THE WITNESS WITHDREW)
47         HER HONOUR: Are there any other witnesses that you would like to call?
48         MR SCHOREL-HLAVKA: No, thank you, Your Honour.
49         HER HONOUR: So that's your evidence?
50         MR SCHOREL-HLAVKA: That's correct, Your Honour.
51         HER HONOUR: Thank you very much.
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                                                       Page 9
 1         END OF EXTRACT
 2
 3   END QUOTE 31 July 2012
 4
 5   Mr Gerrit Hendrik Schorel-Hlavka and Banyule City Council Chief Executive officer Mr
 6   Simon Mc Millan are back in court again on Wednesday 26 September 2012, this time in
 7   the County Court of Victoria for an appeal.
 8   Her Honour Gaynor J made clear the constitution doesn’t apply to her which caused some
 9   uproar in the public gallery then Her Honour warned the public to have them all removed
10   if they again made a comment. Obviously with a judge who claims to be above the
11   constitution one can expect nothing less then to side with the prosecutor.
12   Still, I made my case and as my evidence was never challenged then clearly it was implied
13   admitted by the prosecutor. Yet, nothing eventuated as to any investigation, etc, after all
14   we were, as I understood it, dealing with ALP dominated councils and a council officer
15   misusing his position against a other State election candidate didn’t seem to be an issue for
16   all concerned other than myself, not even for the VEC.
17
18   You may have wondered at the time why I was not challenging the issue of the financial
19   statement, such as false claiming perhaps it was purportedly send in or whatever, but my aim
20   was to place on court record that Mr Anthony Carbines and Banyule /City council unlawfully
21   interfered with my democratic rights as a INDEPENDENT candidate in the 2010 state Ivanhoe
22   election as I all along expected that years later I could rely upon this evidence having been
23   uncontested. It was at the time open to the Prosecution to have called Banyule City council staff
24   and Mr Anthony Carbines to the court, such as in relation to the appeal before Her Honour
25   Gaynor J to counteract, if that was needed if it was held I had made any
26   false/misleading/incorrect statement what I had state in the Magistrates Court of Victoria at
27   Heidelberg on 31 July 2012, however this was not done.
28   Where you then went along to use this transcript before Her Honour Gaynor then you implied
29   that the evidence in the transcript is not contested and neither sought to do so in the appeal.
30
31   I in 1985 was given the nickname TRAPDOOR SPIDER by a judge for the manner in which I
32   cross-examined witnesses, albeit he did state I was within the rules of cross-examination, and
33   refusing/dismissing the submission of opposing Council for an adjournment. A judge then also
34   made a comment that I was not addressing an appeal but a single judge, where the judge became
35   aware I was making statement for purpose of a subsequent appeal. As a (now retired)
36   Professional Advocate I have also represented lawyers (one was a barrister for 22 years) and I do
37   not consider a hearing to be isolated in particularly not the first hearing but built upon it for
38   further litigation and making it a spring plank for future litigation. Hence, my original evidence
39   in the transcript was that I expected you would go along with this and not realize my long term
40   intentions.
41
42   For the record Banyule City Council or for that anyone else did not offer and neither made any
43   compensation to me for the damage to my election posters/banners, etc.
44
45   I am providing you with this correspondence less than 1 hour prior to Saturday 24 November
46   2018 Victorian State election day to commence so it cannot be claimed I make this complaint,
47   etc, for sour grapes as to someone losing an election, in which I am not a candidate either, but
48   pursues that as the Principle solicitor you now will prosecute Mr Anthony Carbines and others
49   who defrauded the State Consolidate Revenue Funds and failed to disclose their ill gained
50   financial benefits in their financial statements at the time and so also concealed relevant details.
51   .
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                                                                 Page 10
 1   At the time that the case was against me I held that this was nothing less than a political matters
 2   against me as another candidate who neither within the time frame had filed a financial
 3   declaration was not charged. If despite my reasons and not having to declare any donations
 4   nevertheless was held to be an offence and needed to be prosecuted then I have no doubt that you
 5   as a lawyer and oath as a Member of the Bar will ensure that you will vigorously now pursue
 6   others for their failures to disclose financial issues relevant to the State election of 2014 in
 7   particular where I had already in my correspondence 20140616-G. H .Schorel-Hlavka O.W.B.
 8   to Christine Fyffe, Speaker Re EXPULSION Daniel Andrews + James Merlino required-
 9   etc which also was then forwarded to Mr Daniel Andrews leader of the opposition, as with other
10   correspondences, that he knew or ought to have known that misuse of public monies was not
11   permitted nor the misuse of his office.
12
13   http://ag.ca.gov/ethics/accessible/misuse.php
14   QUOTE
 1   like wise so with the Member for Bendigo East Jacinta Allen, who according to her website
 2   appears to be an ALP member. (http://www.jacintaallan.com)
 3
 4   In my 7-6-2014 correspondence to you I stated:
 5   QUOTE 7-6-2014 CORRESPONDENCE
 6        As was reported in an article in the Herald Sun 6-6-2014 under the heading “Book of Daniel unread” that Mr
 7        Daniel Andrews allegedly on 5-6-2014 went to Frankston and so with alleged “candidate” for the ALP and
 8        state deputy ALP leader James Merlino r4egarding the candidate.
 9        Moment is this not CONTEMPT OF PARLIAMENT for Mr Daniel Andres and Mr James Merlino to go
10        electioneering even so the Speaker n or the governor issued any writ for a by-election?
11        Is it now that Mr Daniel Andrews what the speaker of the Legislative Assembly or the Governor must do?
12        In my view this kind of conduct is unbecoming to being a Member of Parliament.
13        In my view it is undermining the authority of both the speaker and the Governor.
14        In my view it is unduly undermining the right of Mr Geoff Shaw to be regarded as the duly elected
15        representative of Frankston.
16   END QUOTE 7-6-2014 CORRESPONDENCE
17   OK, there is at least an offending typing error in the word “r4egarding” but hardly a hanging
18   offence, and quoting one cannot removed a typing error. Just to let you know I am aware of it.
19   Now, as since my 7-6-2014 correspondence (that was actually when I turned 67 – and to the
20   displeasure of my wife I was writing instead of celebrating) it seems to me very suspicious that
21   Mr Daniel Andrews would make a $5,793. A very odd figure, and as such I assume, again I state
22   I assume, that this is where he may have calculated that this might be the estimated cost he had
23   charged to the taxpayers for his grotesque conduct to parade a “candidate” for the Frankston by-
24   election that didn’t exist. Admittedly he and his deputy leader are not the only once, as I view it,
25   misusing and abusing their position to refer to a “candidate”, where no such “candidate” was
26   declared by the electoral commission.
27   I spend some 16 years in numerous elections as an INDEPENDENT candidate and actually
28   complained against the Clive Palmer advertising to vote for Clive Palmer as Prime Minister, as
29   there is no such electoral system in Australia that you can vote for a Prime Minister or for a
30   Premier. Yet, Members of Parliament are ongoing deceiving electors with that they can vote for
31   someone to become Premier. I may state that the within hours of making the complaint against
32   the Clive Palmer false/misleading advertising the advertisement was withdrawn.
33   I on 15-6-2014 received in the mailbox documentation which states “Liberal Candidate for
34   Ivanhoe”. To my knowledge Parliament is still sitting, and no writs were issued, let alone
35   nominations for candidates having closed and certainly the electoral commission has to my
36   knowledge not declared any “candidate” for the November state election.
37   Perhaps I was wrong over the 16 years to hold that one is not a “candidate” until the electoral
38   commission announces the accepted nominations?
39
40
41   It appears therefore that not the constitution, Governor, the Speaker/President or even the
42   Parliament decides when writs will be issued and if an election will be held but that those leading
43   political now dictate what is to be deemed the law.
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                                                           Page 12
WITHOUT PREJUDICE
                                         COMPLAINT
                       20140607-G. H .Schorel-Hlavka O.W.B. to Speaker Christine Fyffe-COMPLAINT -etc
Christine,
Gerrit
Mr G. H. Schorel-Hlavka O.W.B.
Website: http://www.schorel-hlavka.com/
         The content of this email and any attachments are provided WITHOUT PREJUDICE, unless
         specifically otherwise stated.
         If you find any typing/grammatical errors then I know you read it, all you now need to do is to
         consider the content appropriately!
 1         Mr ANDREWS (Leader of the Opposition)—If anyone wants to know why ours is regarded as the
 2         lowest profession, then simply look at the conduct of the member for Frankston and the Premier’s
 3         protection of him. If anyone in this chamber wants to know why we are regarded as being for the
 4         public purse instead of the public good, if anyone in this chamber wants to know why we are held
 5         in such low regard by the hardworking people of this great state, then look no further than the
 6         conduct of the member for Frankston and the Premier’s protection of him via this motion. The
 7         Premier says this motion was carefully drafted. We will return to that in a few moments. It is this
 8         sort of conduct, this sort of weakness, this apologising for the member for Frankston that sums up
 9         this Premier, sums up this government and sums up, sadly, why the community has lost faith in us
10         as a class of person— all of us—and, what is more, lost faith in this chamber and the institution of
11         this Parliament.
12         The Premier’s presentation was littered with inconsistencies and littered with the notions of
13         strength and of doing the right thing. At the outset I remind all honourable members and all
14         Victorians that it has taken the best part of 19 months for us to arrive at this position. Only after the
15         member for Frankston indicated he would withdraw his support from this Premier is the Premier, in
16         complete fulfilment of the great saying ‘There is nothing like a convert’, prepared to act and
17         prepared to ensure that no wrongdoing goes unpunished. The Premier is prepared to make sure—I
18         should not have to refer to my notes, because we have heard it so many times today—that
19         punishments are ‘fair, just and appropriate’.
20         Apparently one can only take the most extreme action if a murder has been committed, if there has
21         been some other piece of absolute malfeasance at the highest of high standards or if it is September.
22         That is the great arbiter of what sort of penalty should be applied, because timing is everything. If
23         the member for Frankston were appropriately punished and an appropriate penalty were levied
24         upon him—that is to say, if he were expelled from this house, which is exactly what should
25         occur, for his completely inappropriate behaviour and for putting his private interests and
26         profits ahead of his public duty and the public trust placed in him by the good people of
27         Frankston—there would be every expectation that a by-election would be held.
28         Captain Courageous over there, the Premier——
29         The SPEAKER—Order! I remind the Leader of the Opposition that I made it very clear that
30         members should be referred to by their correct titles.
31         Mr ANDREWS—The Premier then, Speaker, fearful of a by-election——
32   END QUOTE Hansard Legislative Assembly 11-6-2014
33
34   I may also state that I view that Mr Daniel Andrews comparison of a Member of Parliament
35   versus an employee of the State is misguided as Mr Geoff Shaw was not and is not an employee
36   of the State! And as I have canvassed in previous correspondence the issue of “allowance” is
37   what it is about. The Parliament is not and never was the workplace for members of parliament
38   as the term “workplace” in my view implies employment, which a Member of Parliament t
39   doesn’t have as otherwise it would be an Office of Profit and disqualifies the Member from
40   being a Member of Parliament unless being a Minister of the crown. Hence, it is Mr Daniel
41   Andrews himself I view is in breach of the law because as a “shadow Minister’ he is paid not an
42   “allowance” but a salary with fringe benefits that I view must be deemed to be an Office of
43   Profit and so he has no place in the Parliament to hold a seat. Why then is he and others not held
44   accountable considering his mantra against Mr Geoff Shaw?
45   In my view the statement “The Privileges Committee majority report, which is a complete
46   and utter whitewash” should never have been allowed by the Speaker, this as it undermines the
47   credibility of the privileges committee. Whereas my c riticism was upon its legality to deal with
48   the matter I view that the statement “The Privileges Committee majority report, which is a
49   complete and utter whitewash” is a derogation of the work of the privilege committee and
50   unbecoming to that of a Member of Parliament.
51
52   QUOTE Hansard Legislative Assembly 11-6-2014 Mr ANDREWS
53       Indeed we have seen examples across the public sector of people in senior positions, and others in less senior
54       positions, who have been dismissed or have resigned knowing that their position was untenable for much less
55       than the member for Frankston got up to. They have gone; they have done the right thing. They did not have
 1        to be pushed or forced. In many respects the matter was not for them—they were dismissed immediately. If it
 2        is good enough for a staff member of this Parliament, if it is good enough for a public servant in that
 3        traditional sense of the term, then why is it not good enough for a servant of the public?
 4        If it is good enough for a member of staff in this Parliament to go for doing what the member for Frankston
 5        did, or even perhaps less, why is it not the same? Why is it not good enough for the member for
 6        Frankston to be expelled from this workplace for having brought dishonour on all of us, regardless of
 7        what political party we are from, regardless of what electorate we represent, regardless of how long we
 8        have been here, regardless of what motivates us and regardless of what burns inside us? The member
 9        for Frankston has defamed all of us, and he ought to be dealt with by all of us, not to suit our own political
10        purposes and not in an act of conversion but in an act of conscience, an act of decency, an act of character,
11        might I say, and an act of leadership—a concept foreign to the Premier, because he became offended by this
12        conduct only after the member for Frankston said, ‘Well, you know what? I’ve had enough of you’. It was
13        only at that point that the Premier thought that this matter could not wait until after the winter break. It was
14        only at that point that the Premier thought we had to be fair, just and appropriate—but not too appropriate!
15        Mr Merlino—And not too early.
16        Mr ANDREWS—And not too early! ‘We have to act on this, We have to do all this wonderful work,
17        Speaker. We have to hurry around, convincing people that we are tough on the member for Frankston, but
18        not too quickly, and not too much and not too well!’. That is the issue here. The Premier is paralysed to act
19        appropriately on the member for Frankston, and this motion shows it.
20        The Privileges Committee majority report, which is a complete and utter whitewash, finds as a matter of
21        fact that, ‘Yes, of course the member for Frankston did it all’, but it could not find him wilful. It could not
22        find that he did it on purpose. It could only find that he was ‘not diligent’. ‘Not diligent’ is not doing a
23        spellcheck. ‘Not diligent’ is not returning a phone call. It does not apply to rorting wilfully and
24        systematically and working on your alibi as well. It does not apply to giving instructions to the staff
25        you have told to misuse the resources—‘If anyone asks, make sure you say it’s for private use’—as if
26        that works anyway! How is going to and from work the responsibility of taxpayers? How is the member
27        for Frankston’s commercial staff getting to and from work a matter for any of our constituents? He did not
28        just give them the line to run if they were ever queried. The member for Frankston also told them how to
29        drive in—how to back the vehicle up so that the security camera did not see what he was doing. So confident
30        was he that he was doing the right thing that he did not want anyone to film it.
31   END QUOTE Hansard Legislative Assembly 11-6-2014
32
33   Mr Daniel Andrews refers to “work” where in fact only Ministers of the Crown are attending to
34   their work being in employment with the Crown. A Leader of the opposition promoting to be the
35   alternative government not even understanding the basics of constitutional provisions to me is
36   utter scandalous.
37
38   Let’s apply this statement “It does not apply to rorting wilfully and systematically and
39   working on your alibi as well. It does not apply to giving instructions to the staff you have
40   told to misuse the resources—‘If anyone asks, make sure you say it’s for private use’—as if
41   that works anyway! How is going to and from work the responsibility of taxpayers?” to his
42   usage of arranging for a trip to and from Frankston. Did he use his office staff, computer system,
43   telephone, mobile, etc, to arrange the trip? Telephone/mobile and other records may prove what
44   numbers he called, for this which had nothing to do with the interest of the public or for that
45   constituents of Frankston but merely as I view it his own personal benefits to advance the what I
46   consider fraudulent presentation of a “candidate”. Even if an by-election was called and writs
47   issued I view it still would be rorting the public purse, but where there is no by-election called
48   and no writs issued and yet he and as I understand it Member of Parliament Mr Merlino are
49   rorting public monies while hypocritically alleging Mr Geoff Shaw is doing so and for this
50   should be expelled. At least Mr Geoff Shaw faced his accusers and clearly they were defeated,
51   and yet no such position can be taken by Mr Daniel Andrews, Mr Merlino, and numerous
52   others.
53   In my view it is a matter of credibility of the Parliament that both Mr Daniel Andrews, Mr
54   Merlino are facing the kind of punishment of what I view of their “rorting” as they
55   pursued against Mr Geoff Shaw.
56   It must be clear that where Premier Denis Napthine made clear as referred to below “For a
57   government that says it will not be held to ransom” that therefore he declares to the
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 1   Parliament what he based his as I view it scurrilous allegations against the Member for
 2   Frankston Mr Geoff Shaw upon. We cannot have a Member of Parliament and certainly not
 3   being a Premier, making scurrilous allegations to incite opposition against the Member for
 4   Frankston Mr Geoff Shaw and then drop it all as if it never eventuated. In my view, the public is
 5   entitled to know if Premier Denis Napthine concocted it all as after all using the term “ransom”
 6   implies a unlawful conduct and I view the Parliament cannot tolerate this kind of allegations
 7   without full and proper explanation if such claims were justified or were mere scurrilous
 8   allegations to get Members of the Legislative Assembly on site to “punish” Mr Geoff Shaw.
 9
10   QUOTE Hansard Legislative Assembly 11-6-2014
11        Mr PALLAS (Tarneit)—I rise to speak on the matter of public importance put forward by the Deputy
12        Premier. The words of Napoleon Bonaparte come to my mind. He once said that you should never interrupt
13        an enemy while they are busy making a mistake. If that principle were to apply, we would never get a word
14        in in this place, because this government is littered with error, mistake and illusion. For a government that
15        says it will not be held to ransom, this resolution proves that its members’ grasp on reality has been
16        abducted, and it
17        is Victoria’s and Victorians’ opportunities that have been held hostage.
18   END QUOTE Hansard Legislative Assembly 11-6-2014
19
20   QUOTE Hansard Legislative Assembly 11-6-2014 Mr ANDREWS
21       The Premier has no shame when it comes to these things. He has done nothing. He has spoken barely a word
22       of criticism against the member for Frankston. But the moment the member for Frankston says, ‘I have had
23       enough of your government that bears no relation to the government fairly and squarely elected three and a
24       half years ago’, suddenly the Premier is about fairness and justice and being appropriate—but only in
25       September. This is transparent, and it is central to the reason why the people of this great state have
26       such low regard for us as parliamentarians and politicians. The conduct of the member for Frankston, the
27       protection of the member for Frankston by the Premier and the Premier’s very recent conversion, motivated
28       by self-interest and nothing more, to hold the member for Frankston to account for appalling behaviour, as
29       found by the Ombudsman, are a reflection——
30       Honourable members interjecting.
31       Mr ANDREWS—Well, that is the fact of these matters, that the Premier has only been motivated by self-
32       interest. That is why he has not spoken one word against the member for Frankston but has been happy to
33       deal with member for Frankston one-on-one in meetings, in texting back and forth, on the phone, in relation
34       to all sorts of agreements around supply and confidence and in rewriting the laws of this state. He has been
35       happy to accede to demands, despite his protestations last week.
36       Mr Ryan interjected.
37       Mr ANDREWS—I am only quoting the Premier. The Deputy Premier might want to look at the tape. I
38       would never want to misquote the Premier; his error can live on. I am happy for that to occur.
39       The issue here is that the Premier has been motivated by one thing and one thing only, and that is his
40       survival. If decency, fairness, accountability, the public trust, the public good, and saying no to the
41       abuse of the public purse were motivations for the Premier, then he would not have waited until the
42       member for Frankston went on ABC radio 774 and said, ‘I have had enough of this Premier’ before speaking
43       up and making the case that the member for Frankston had acted appallingly. The Premier says, ‘I only just
44       received the report’. I am not sure whether Hansard got that. The report was tabled at the end of the previous
45       sitting week, and the Premier spent the entire weekend and the Monday, indicating, ‘Well, we will need to
46       get advice, and I see no reason why this matter needs to be dealt with before the winter break’. There we are,
47       back to September again, you see, Speaker. So confident is the government of support in Frankston that the
48       Premier will do anything to avoid being subject to the views of the people of Frankston.
49       There was talk about legal advice. We have seen none of that legal advice. We have had journalists quoted.
50       We have had conservative commentators—I think it is fair to say that—quoted. We have had quotes from the
51       UK. We have had all sorts of material dressed up as expert opinion, but where is this advice? Where is this
52       legal advice that holds that it would be unsafe to apply an appropriate sanction to the member for Frankston,
53       unless it is in September? Where is that advice that says it would be not only inappropriate and
54       unprecedented but could be open to legal challenge? Where is that advice? Where is that advice for the
55       consumption and consideration of every member of this house and indeed every Victorian? Again, so
56       confident is it in this legal opinion, apparently paid for by the taxpayer—sought by the government and
57       secured by the government— that the government will not come forward and give us a look at it; it will not
58       table it and make it publicly available. That is because this is not a legal strategy; this is a political strategy.
59       This is not a strategy about probity; it is a strategy about politics. It is not a strategy
 1        about representation; it is a strategy about apologising for rorting. That is what it is. It is not a strategy
 2        put forward by the government that is about the highest of standards or punishment; it is about protection.
 3        That is exactly what this is: it is about protection, plain and simple.
 4        Let us have a look at what the member for Frankston actually did. The Premier skated around a few of these
 5        issues and used a few terms to describe it, albeit tough talk by the Premier’s pretty low standards. There was
 6        deafening silence from the Premier on the conduct of the member for Frankston for every single day of his
 7        premiership, until the day the member for Frankston said, ‘I might end your premiership’, when the Premier
 8        then found his voice. It is a mere coincidence, no doubt, Speaker!
 9   END QUOTE Hansard Legislative Assembly 11-6-2014 Mr ANDREWS
10
11   Again we should apply this mantra by Mr Daniel Andrews Leader of the Opposition to himself
12   and others (including premier Denis Napthine) and ensure that before the week is out appropriate
13   independent investigations are conducted in these matters so that Mr Daniel Andrews statements
14   “If decency, fairness, accountability, the public trust, the public good, and saying no to the
15   abuse of the public purse were motivations for the Premier, then he would not have
16   waited” and “It is not a strategy about representation; it is a strategy about apologising for
17   rorting. That is what it is.” Must be applied as he pursued then let he and others be used as
18   examples.
19   No excuses about what he may have expected as to the holding of a by-election in Frankston but
20   “accountability” for what I view his “rorting’ of public monies.
21   .
22   QUOTE Hansard Legislative Assembly 11-6-2014 Mr ANDREWS
23        This vehicle was used expressly for the member for Frankston’s profit, not for the profit of this state,
24        the public good or the public in any sense.
25   END QUOTE Hansard Legislative Assembly 11-6-2014 Mr ANDREWS
26   If Mr Daniel Andrews did the same then surely he has to answer for it, at least Mr Geoff Shaw so
27   to say stared down his accusers in court and is entitled to the benefit of this.
28
29   In the 1970’s when in management of factories I had this worker complaining about how another
30   worker had faulty production and by this weeks of production had to be scrapped. I decided to
31   investigate all worksheets and discovered that the accuser was actually the culprit. This is life,
32   that those who are rorting the most often desire to point the finger at others, and have them
33   punished, as after all you cannot allow others to rort! As such accusers often seem so to say play
34   the high grounds that they are invisible. They think they can get away with their rorting and
35   abused of position and power. THIS CANNOT BE TOLERATED
36   .
37   I have previously requested details/information, etc, to which I am not aware of you provided
38   what was requested to me. I view that the failure to do so may compromise your own position
39   and may make your position as Speaker untenable. After all, I view you acted without legal
40   authority to use Standing Orders 125 and to disregard compliance with Standing Order 126 and
41   this may make your own position untenable as a Speaker. If you failed to act appropriately then
42   the vote cannot be deemed valid and I view you as speaker should have acted immediately, when
43   I altered you to this at the very least, to ensure that the harm inflicted upon Mr Geoff Shaw as
44   Member for Frankston was not aggregated and unduly prolonged. In my view Ms Louise Ashe
45   was in CONTEMPT OF COURT by undermining Mr Geoff Shaw’s benefits and entitlement
46   by the court accepting the withdrawal of the criminal charges.
47   It is easy to vilify a person of “rorting” where the person may by error, misunderstanding,
48   misinterpretation or whatever have used something not deemed entitled upon. What may then to
49   one person appear to be “rorting” to me may in fact not be at all because I look from the point of
50   view of constitutional principles? A clear example is where for example Mr Geoff Shaw
51   Member for Frankston was attacked for working in his business when not attending Parliament,
52   as if this was a sin to be s corned for, where in fact constitutionally it was all along intended by
53   the Framers of the Constitution that a person when not attending to the Parliament engage in his
54   ordinary daily work. As such Mr Geoff Shaw was unduly vilified and this is why people get also
55   a disrespect for politicians as they often so to say run around as a chicken without a head not
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 1   knowing what they are talking about but pursuing others allegedly for a wrongdoing and then
 2   when it turns out they are in the wrong themselves then they try to use any excuse under the
 3   horizon to excuse themselves. Obviously with the lack of constitutional knowledge Members of
 4   Parliament may then deplore a conduct which is only in their mind an offence but seek to dictate
 5   others to accept this as fact. While I do not have all details nevertheless some of the outlines
 6   recorded in the Hansard of 11-6-2014 to me indicates a gross misconception by many Members
 7   of Parliament how matters are to be considered. For example, rightly or wrongly, there is a
 8   rumour that Members of Parliament pay a certain amount of moneys and for this are allowed to
 9   use a taxpayers funded motor vehicle and free usage of fuel. In my view the providing of the
10   motor vehicle is the real problem as logic is that where a person pays to be allowed a motor
11   vehicle he/she then holds entitled to use it. One must be a complete idiot to argue that not a
12   single Member of Parliament ever misused their vehicle or for that fuel card, as ample use their
13   vehicle to transport friends and others not related to parliamentarian duties. In the circumstances
14   and as I outlined to the Chief Commissioner of police it would be extremely difficult to hold that
15   Mr Geoff Shaw misused public funding. And hence, I was not surprised that subsequently the
16   criminal charges against Mr Geoff Shaw were withdrawn. And that should have been the end
17   of it. However, Parliament decided otherwise to undermine the benefits Mr Geoff Shaw was
18   entitled upon and ad hoc acted against him not even acting within the Standing Orders and in
19   those circumstances I view that the very mantra used against Mr Geoff Shaw Member for
20   Frankston should be used against those who vilified him and accused him in pursued of
21   “punishment”. If the government had for example consulted me about matters, I may have been
22   able to explain what the real constitutional principles are and the government may have saved a
23   lot of public monies avoiding all kinds of defective legal advice of lawyers. In my view a
24   comprehensive INDEPENDENT investigation should be conducted as to all Members of
25   Parliament as to any “rorting” and they should be held accountable. And in my view both Mr
26   Daniel Andrews, Mr Merlino ought to face to be expelled for what I consider
27   inappropriate/unlawful conduct. And if Premier Denis Napthine proved to have falsely accused
28   Member for Frankston Mr Geoff Shaw ab out holding the government to ransom about a judicial
29   decision then I view he too should be expelled.
30   As you are an Officer of Parliament to perform a duty regardless of your political alliance,
31   then I expect no less than that you will explain within which part of Standing Orders 125
32   you claim to have had the power to “name” the Member for Frankston, and also why there
33   was a failure of compliance with Standing order 126.
34   When I was a quality control officer I rejected pallet after pallet of products, this even so the
35   product was what the car manufacturer needed and used and the product were to the
36   requirements of the drawings. I had discovered that the customer had in error placed an incorrect
37   order but our sales staff had substituted this for what they understood was actually intended to be
38   ordered. I indicated we required to have a deviation order, so we could supply the product, and
39   the deviation order was placed and I received the compliments of the Board of Directors for
40   being so attentive to details avoiding another huge damage cost, due a similar previous incident
41   (before my time). I was very strict on compliance, and this as if you allow to have slips then
42   where does it stop. Two wrongs doesn’t make it right and therefore (not that I imply Mr Geoff
43   Shaw acted wrongly) even if he had made an error it cannot justify you to fail to comply and act
44   within Standing orders and hence the vote of the Legislative Assembly I view cannot stand and
45   should be set aside. After all it is about “fair, just and appropriate” I understand being the
46   mantra of Premier Denis Napthine?
47   Is there any appropriate training for Members of Parliament about constitutional
48   principles? As to me if even the Leader of the Opposition appears not to grasp legal principles
49   embedded in the constitution, then there is a basic failure of education regarding this!
50   Where Members of Parliament cannot even act sensibly amongst each other than how can they
51   expect the community to trust their wisdom (if there is any) to provide sensible rules for others?
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 1   So much more to state, but for the moment you should be concerned to what I expose, and I look
 2   forwards to your positive response.
 3   .
 4   This correspondence is not intended and neither must be perceived to be legal advice and
 5   may not be the same were factual details be different than those understood to be by the writer.
41           Mr. BARTON: If the tonnage dues are not an infringement upon the principles of intercolonial freetrade, I
42         take it that they would remain in force after the establishment of the Commonwealth; but if the State
43         proposed to take in hand legislation on the subject, it would not be permitted to legislate on that subject
44         without the consent of the Parliament of the Commonwealth.
46           Mr. BARTON: Possibly the only trouble there would be, that a period of six months would elapse before
47         the Commonwealth Parliament was called together after it is established. So far as the tonnage dues,
48         mentioned by Mr. Henry, did not infringe upon the principles of intercolonial freedom of trade, there would
49         be no difficulty.
 1          Mr. GLYNN: I think the last few words of this clause are too comprehensive in their meaning. In South
 2         Australia there is a lot of land which is leased with the right of purchase, and I can see that under the latter
 3         portion of this clause there is considerable danger of defeating the effect of direct taxation.
 4           Mr. O'CONNOR: In a case of that kind the reversion which is in the Crown would not be taxed, but
 5         the letting value would be taxed.
 6           Mr. BARTON: I might mention that the property of the Commonwealth in that land is the reversion upon
 7         the lease. The reversion upon the lease would not be [start page 1002] taxable, but the interest of the lessee in
 8         the property would be taxable.
10           Mr. HENRY: I would like to raise a question as to the right of the Commonwealth to tax materials
11         for State purposes. In the event of a colony importing rails, machinery, engines, &c., for State
12         purposes, I would like to know whether such exports are to be free from Customs duties. Will the
13         Federal Parliament have a right to levy duties on materials imported for State purposes?
14          Mr. BARTON: This is a matter that was discussed very fully in the Constitutional Committee, and I think
15         my hon. friend Sir George Turner will remember that I consulted the members of the Finance Committee
16         upon it, intimating to them the opinion of the Constitutional Committee on the point. The words:
18          do not refer to the importation of goods at all, and any amendment to except the Customs would be
19         unnecessary. This clause states that a State shall not, without the consent of the Parliament of the
20         Commonwealth, impose taxation on property of any kind belonging to the Commonwealth, meaning by that
21         property of any kind which is in hand, such as land within the Commonwealth. That has no reference to
22         Customs duties.
23 Sir GEORGE TURNER: Will articles imported by the States Governments come in free?
24           Mr. BARTON: The question then arises whether articles imported by the States Governments are to
25         come in free, but this section has nothing to do with that. Under this Bill and in the measure of 1891 I
26         believe duties would have been collectable upon imports by any State, and after the consultation which
27         I had with the hon. member and his colleagues on the Finance Committee the Constitutional
28         Committee decided not to make any exemption in the case of any State.
29 The CHAIRMAN: I would ask hon. members to confine themselves to the discussion of this clause.
30           Sir GEORGE TURNER: I propose to carry out your desire, Sir, to restrict my remarks to this particular
31         clause. In Victoria, as I mentioned the other day, we have an independent body called a Harbor Trust, which
32         collects a large amount of money and, as far as I can recollect, does it in the way of tonnage dues. If we pass
33         this clause, and we deprive this body of its revenue, they will simply have to fall back upon the Government
34         of the State. What is the meaning of the phrase:
36          According to the way I read the clause it means that it is not to pass any law which would put on any fresh
37         dues.
38 Mr. MCMILLAN: I suppose the States gave these rights to the harbor trust.
39           Sir GEORGE TURNER: The State passes a law constituting a Harbor Trust and gives over to them the
40         right to collect these various revenues. What I desire is to preserve that right, whatever it may be. I am in
41         great difficulty as how this particular clause will affect that body, as well as similar bodies in other colonies
42         which collect small sums. I would be glad if my hon. friend Mr. Barton can give me any assistance with
43         regard to this matter, and tell us if this clause will or will not interfere with this existing body. If that be so I
44         shall be prepared to let the clause pass, and then, before the adjourned Convention is held, we shall have an
45         opportunity in the different colonies of ascertaining how these dues and rates are collected, and how this
46         clause will affect them, and whether we should make this amendment. In the meantime I should like Mr.
47         Barton to give me the real meaning of the clause.
 1           Mr. BARTON: As far as I can gather from this clause and the clause of 1891, it seems to me to refer to
 2         any future legislation on the subject:
 5           The question of whether existing legislation would be invalidated would depend, first, upon whether
 6         the dues were an infringement of the equality of trade throughout the Commonwealth, and next upon
 7         whether the Commonwealth passed a law which-if it were in the province of the Commonwealth to past; it-
 8         was in conflict with the law of the State, in which case, to the extent of the difference between the laws, the
 9         law of the Commonwealth would prevail if section 98 were passed. It deals only with future legislation, I
10         think. but these tonnage dues may incur a prohibition if we find that they are a system of taxation,
11         because the Parliament of the Commonwealth has power to raise funds by any method of taxation. If
12         the method of carrying out that power were found to be in conflict with the law of the State, the law of
13         the Commonwealth would prevail. We have no provision for the Commonwealth taking over harbors or
14         harbor works, and it may be a question for consideration whether the Commonwealth, as it has power to
15         legislate on other subjects relating to the regulation of commerce and trade and so on, should not take over
16         harbor works too. That is what, on the face of it, seems to me to be the effect of the clause.
17           Mr. MCMILLAN: I think these tonnage dues must be excepted if the Parliament is to take over harbors.
18         Tonnage dues are simply payment for services rendered, and they do not practically come under the system
19         of taxation at all. They are levied for something done. If they are not excepted great trouble will ensue,
20         especially in regard to corporations. Is that System referred to by Sir George Turner administered by a
21         Minister of the Crown?
23           Mr. MCMILLAN: Does it apply then? These. are dues paid by the State as a State, but the case mentioned
24         is one of a corporation, in which there is a payment for services rendered. Tolls are exacted for the services,
25         call them dues or wharfage rates or whatever you like; they are the same in essence.
26          Sir GEORGE TURNER: If we do not guard against it corporate bodies may evade the Act, and the State
27         may appoint corporations to do work so as to evade it.
28 Mr. MCMILLAN: Something will have to be done or great trouble may ensue.
29           Mr. BARTON: With reference to the question of wharfage rates, members will recollect that the United
30         States Constitution contains a prohibition against the State levying tonnage duties without the consent of
31         Congress. It has been decided in the case of the Packet Company v. Catlettsburg, 105 U.S., 559:
32          A city or town on a navigable river may exact a reasonable compensation for the use of the wharf which it
33         owns without infringing the constitutional provisions concerning tonnage taxes or regulations of commerce.
34 That would appear to be rather in favor of the exemption of the harbor trust.
35          Mr. HENRY: It is within my own knowledge that there are Marine Boards in Australia, at all events in
36         Tasmania, worked as State departments. They are nominee bodies with a Minister practically at their head.
38           Mr. HENRY: The Customs officers collect the wharfage and tonnage dues, and they pass into the hands of
39         the Government. I would like to ask Mr. Barton how it would operate in cases where the tonnage rates vary at
40         different ports in Australia? We might have one harbor with a particular rate and another with double or
41         treble that rate, so that we would not have an equality of trade. This is one of the difficulties which Mr.
42         Barton. and others, in considering this matter, should have placed before them. In this clause we are going to
43         hand to the Federal Government the right to legislate with regard to tonnage dues, and it is desirable that we
44         should know precisely what we [start page 1004] are doing and how it is going to affect the various harbor
45         trusts and marine boards.
46           Mr. BARTON: On considering the matter, I think that the tonnage dues mentioned here-we have altered
47         the word "duties" into "dues," and they seem to me like the word "tonnage dues" that used to prevail in the
48         the old country, such as tonnage dues on wines. We find the word referred to in Acts 9 Anne, and 10 George
 1         IV. They were tonnage dues granted to the Queen, and I think those referred to here were the same in the
 2         United States Constitution. Whether that be so or not, the tonnage dues referred to in the clause seem to be
 3         charges for services performed. For instance, a Harbor Trust is formed and carries out improvements and as a
 4         means of recouping themselves the harbor authorities charge dues. Wharfage dues are for the use of a
 5         wharf and have they not a similar meaning in the modern acceptation of the term? One is an impost
 6         for the use of a wharf, the other for the use of a harbor on which money has been spent for the purpose
 7         of rendering it more adapted for shipping. If that is so the words may be left out, and if they are left
 8         out any tonnage due which is not a charge for services performed would be an impost interfering with
 9         the freedom of trade and intercourse, and would come under section 86; that is to say, as soon as
10         uniform duties have been imposed, trade and intercourse shall be absolutely free, If they interfere they
11         could only do so so far as they are of the nature of taxes. If they are only charges for services
12         performed, as I explained in connection with clause 83, then there can be no objection to them. because
13         charges for use of a wharf are much in the same position as charges of the post office authorities for
14         the carriage of letters; they are payments for services. If that view is taken I shall offer no objection to
15         it.
17           Mr. BARTON: Any mere service that the Commonwealth does not take over is still in the hands of the
18         State. Clause 86 can only be infringed by something which means an interference with the freedom of
19         trade and intercourse. Anything that is fairly construable as a payment for services performed is not
20         handed over-the mere service can be charged for as before, because it is not an interference with trade
21         and intercourse. In such cases as that, mere service can be charged for as before, because it is not an
22         interference with trade or intercourse. I think we may well accept that view and leave out the words:
 1   As this correspondence is addressed to Victorian Government Solicitors Office then if you are
 2   not in any position to personally deal with the matter then I am sure you will ensure that the
 3   correspondence is forwarded to the appropriate person.
 4
 5   This correspondence is not intended and neither must be perceived to address all issues.
 6   Awaiting your response,                    G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)