Page 1

1
2
3 Buloke Shire Council & Ors 20-3-2024
4 [email protected]
5
6 Cc: Cr Alan Getley (Mayor) [email protected]
7 Cr David Pollard [email protected]
8 Cr Carolyn Stewart [email protected]
9 Cr Bernadette Hogan [email protected]
10 Cr Graeme Milne (Deputy Mayor) [email protected]
11 Cr Bronwyn Simpson [email protected]
12 Cr Daryl Warren [email protected]
13 Penelope Grant Revenue Officer [email protected]
14
15 Ref; 20240320-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors
16
17 Sir & Ors,
18 I received a correspondence from Buloke Shire Council regarding a rates claim as an
19 alleged “Rates and Valuation Overdue Notice” which on the flip side includes a reference:
20
21 QUOTE

22
23 END QUOTE
24
25 Why on earth is Buloke City Council sending me a rates notice when it seems to hold that
26 Aboriginals and Torres Strait Islanders are recognised, etc? Why not let them pay any rates?
27 Then again, Let us consider the Authority of Sydney Municipal v Commonwealth 1904 in which
28 the High Court of Australia made it very clear that councils cannot legislate as being
29 corporations!
30
31 It also made clear that councils could only collect State Land Taxation (referred to also as
32 ‘council rates”) for an on behalf of the State.
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1
2 But now comes the snag!
3
4 Hansard 2-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
5 Convention)
6 QUOTE Mr. DEAKIN (Victoria).-
7 The record of these debates may fairly be expected to be widely read, and the observations to which I
8 allude might otherwise lead to a certain amount of misconception.
9 END QUOTE
10
11 Hansard 27-1-1898 Constitution Convention Debates
12 QUOTE
13 Mr. BARTON.-I was going to explain when I was interrupted that the moment the
14 Commonwealth legislates on this subject the power will become exclusive.
15 END QUOTE
16
17 Hansard 27-1-1898 Constitution Convention Debates
18 QUOTE
19 Mr. BARTON (New South Wales).-If this is left as an exclusive power the laws of the
20 states will nevertheless remain in force under clause 100.
21 Mr. TRENWITH.-Would the states still proceed to make laws?
22 Mr. BARTON.-Not after this power of legislation comes into force. Their existing
23 laws will, however, remain. If this is exclusive they can make no new laws, but the
24 necessity of making these new laws will be all the more forced on the Commonwealth.
25 END QUOTE
26
27 Hansard 7-3-1898 Constitution Convention Debates
28 QUOTE Mr. HOWE.-
29 My only desire is to give power to the Federal Parliament to achieve a scheme for old-age
30 pensions if it be practicable, and if the people require it. No power would be taken away
31 from the states. The sub-section would not interfere with the right of any state to act in
32 the meantime until the Federal Parliament took the matter in hand.
33 END QUOTE
34
35 And well the Commonwealth legislated for 11 November 1910 that it would apply land taxation
36 and that was the end of the States “concurrent” legislative powers.
37
38 Hansard 27-1-1898 Constitution Convention Debates (Official Record of the Debates of the National
39 Australasian Convention)
40 QUOTE
41 Mr. DEAKIN.-My point is that by the requests of different colonies at different times you may arrive at a
42 position in which all the colonies have adopted a particular law, and it is necessary for the working of that
43 law that certain fees, charges, or taxation should be imposed. That law now relates to the whole of the
44 Union, because every state has come under it. As I read clause 52, the Federal Parliament will have no
45 power, until the law has thus become absolutely federal, to impose taxation to provide the necessary
46 revenue for carrying out that law. Another difficulty of the sub-section is the question whether, even
47 when a state has referred a matter to the federal authority, and federal legislation takes place on it, it
48 has any-and if any, what-power of amending or repealing the law by which it referred the question? I
49 should be inclined to think it had no such power, but the question has been raised, and should be
50 settled. I should say that, having appealed to Caesar, it must be bound by the judgment of Caesar, and
51 that it would not be possible for it afterwards to revoke its reference.
52 END QUOTE
53
54 This is not just applicable to many State reference of legislative powers but also once the
55 Commonwealth legislated within the Section 51 listed items then the States no longer had their
56 “concurrent” legislative powers and had to retire from this.
57 Hence, there is no valid State legislation regarding any kind of State Land Taxation.
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1
2 But there is more:
3
4 In AEC v Schorel-Hlavka where I represented myself in both appeals on 19 July 2006 I
5 submitted (and so unchallenged by the Commonwealth and the 9 Attorney-Generals) that there is
6 no such thing as a nationality of “Australian citizenship” on constitutional grounds in NOTICE
7 OF CONSTITUTIONAL MATTERS. And Victorian Attorney-General Rob Hulls placed in
8 writing to accept the Courts ruling which upheld both my appeals.
9 Buloke Shire Council claiming to apply State Taxation Laws clearly has a major problem!
10
11 A building can be a court building but doesn’t constitute a court, unless there is a presiding judge
12 at the bench. As I successfully challenged the notion that “Australian Citizenship” is not a
13 “nationality” but Australians are in fact “Subject of the British Crown” and the High Court of
14 Australia in Sue v Hill (albeit wrongly) had ruled that “Subjects of the British Crown” were
15 ineligible to be Members of Parliament, then as the States within Section 106 of the
16 Commonwealth of Australia Constitution Act 1900 (UK) were as follows;
17
18 106 Saving of Constitutions
19 The Constitution of each State of the Commonwealth shall, subject
20 to this Constitution, continue as at the establishment of the
21 Commonwealth, or as at the admission or establishment of the
22 State, as the case may be, until altered in accordance with the
23 Constitution of the State.
24
25 Do notice: “subject to this Constitution”
26
27 This means that the States are “subject to this Constitution” and so the implied legal principles
28 embedded in this constitution unless the constitution exempts the States from this. Meaning, that
29 State Members of Parliament also must have “Subject of the British Crown” as their
30 nationality and not some fictitious “Australian Citizenship” nationality. Again, constitutionally
31 “Australian citizenship” is to indicate the place of abode regardless of once nationality!
32 Section 25 specifically permit the States to discriminate against a “race”.
33
34 Section 51(xxvi) was in 1967 amended to include Aboriginals (including Torres Strait Islanders)
35 to be legislated against but not against the “general community”. It also means the purported
36 Racial Discrimination Act 1975 is unconstitutional as it defies the provisions of Section
37 51(xxvi).
38
39 HANSARD 28-1-1898 Constitution Convention Debates
40 QUOTE
41 That the words "The affairs of," first line sub-section (1),be omitted.
42 [start page 253]
43 Mr. BARTON.-I have no objection to taking it that way.
44 Mr. DEAKIN.-I think it must now be perfectly clear that what we desire is, not to
45 deprive, the Federal Parliament of its paramount power in every respect in regard to
46 any dealings with the races referred to, but to leave to the several states, until the
47 Federal Parliament legislates upon the alien question, the operation of all legislation
48 already passed, and the the right to legislate in the future until the Federal Parliament thinks
49 fit to supersede it by specific legislation. For instance, the Federal Parliament might well
50 pass a general law applying to these races without making any reference to their
51 employment as miners or hawkers, and any state legislation in regard to those occupations
52 which might be in existence would continue, or now legislation regarding them might be
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1 introduced. When the Federal Parliament chooses to make regulations in regard to the
2 employment of aliens as hawkers and miners, the state legislation will cease to have effect.
3 The honorable and learned member (Mr. Symon) said-Hand to the Federal Parliament all
4 powers connected with aliens, and allow them to give back certain powers to the state." We
5 say-Instead of taking these powers from the states and giving them back again, let us leave
6 them with the states until the Federal Parliament chooses to assume them."
7 Sir JOHN DOWNER (South Australia).-I do not think it makes any substantial
8 difference whether you put this provision in clause 52, or leave it where it is. The Federal
9 Parliament has first to say what races it is: necessary to make regulations about.
10 Mr. ISAACS.-That is giving a rather limited meaning to the words "deemed
11 necessary."
12 Sir JOHN DOWNER.-There must be some body which deems it necessary, and the only
13 body to which the words can refer is the Commonwealth Parliament. What very substantial
14 difference does it make whether we leave the provision as it stands or put it into clause 52?
15 True, if the provision is left where it stands, the Federal Parliament will have exclusive
16 power in connexion with this matter; but that body will only have exclusive power when it
17 chooses to exercise it. It is only when the Federal Parliament has passed legislation
18 dealing with the people about whom regulations are to be made that this exclusive
19 power will have arisen. The only matter for the committee to consider is as to the
20 expediency of leaving the provision here or of putting; it into clause 52. Wherever it is, it
21 will, upon the passing of the Constitution, operate as an intimation to the Federal
22 Parliament that this is a matter of national import, upon which they are expected to
23 legislate. Once within the Commonwealth citizens should be able to go freely from one
24 state to another; there should be no lines of differentiation between states. If races are
25 admitted into one state, and are not free to go into another, the inconveniences of
26 administration, especially on the borders, will be very great. It has been thought well that
27 there should be a uniform law throughout Australia in respect to the citizens of
28 Australia, and it was considered that this provision should be put into a separate
29 clause giving exclusive powers, in order to emphasize the fact that the Federal
30 Parliament should legislate upon this matter. In my opinion, whether you put the
31 provision into clause 52, or leave it where it is, its substantial legislative effect will be the
32 same. As to the meaning of the words, "the affairs of the people of any race with respect to
33 whom it is deemed necessary," in my opinion it is the Federal Parliament who must deem it
34 necessary.
35 Mr. ISAACS.-What is the meaning of the statement that the state cannot legislate
36 for the whole general community?
37 Mr. BARTON.-That is by way of description. A law made by the state does not apply
38 to the general community.
39 [start page 254]
40 Sir JOHN DOWNER.-My argument is that deemed necessary means deemed necessary
41 by the Parliament of the Commonwealth. Assuming that I am right, I ask to whom does this
42 clause extend? The persons named by an Act of the Commonwealth Parliament. When the
43 Commonwealth Parliament deals with this subject, its legislation will over-ride any local
44 legislation, no matter whether you put the provision in clause 52 or leave it in clause 53.
45 What the representatives from Victoria want is exactly what is provided here, but the
46 provision is put where it is for the purposes of extra emphasis, and to indicate to the
47 Federal Parliament that they are expected to make over-riding and general legislation in
48 regard to this vital question. I think honorable members are, almost without exception,
49 strongly of opinion that there should be federal legislation upon this matter, and I therefore
50 believe that it will meet the wishes of honorable members if we leave the provision exactly

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1 where it is, as a means of hurrying up the Federal Parliament and causing it to legislate in
2 this matter as soon as possible.
3 END QUOTE
4
5 Hansard 2-3-1898 Constitution Convention Debates
6 QUOTE
7 Mr. OCONNOR.-Directly it is exercised it becomes an exclusive power, and there is no doubt that it
8 will be exercised.
9 END QUOTE
10
11 I (While residing in Berriwillock) never had any aspiration’s to become a farmer, after all I was a
12 single parent with up to 5 of my children and was doing a self-study as to constitutional matters,
13 etc. I was also conducting a Special Lifeline Service regarding people who contemplated
14 suicide, murder and even mass-murder albeit never charged in the 37 years doing so any monies.
15 I even at time represented parties in litigation but then again always FREE OF CHARGE. Still, I
16 gained a basic understanding that farmers, growers, etc, were in general very hard workers, etc.
17
18 https://en.wikipedia.org/wiki/Results_of_the_1999_Victorian_state_election_(Legislative_Assembly)
19 This is a list of electoral district results for the 1999 Victorian state election. Contents. 1
20 Results by electoral district. 1.1 Albert Park; 1.2 Altona ...
21 Swan Hill[edit]

1999 Victorian state election: Swan Hill

Party Candidate Votes %

National Barry Steggall 12,378 45.2 -13.8

Independent Carl Ditterich 6,192 22.6 +22.6

Dallas
Labor 5,511 20.1 +2.7
Williams

Independent Bill Maher 1,435 5.2 +5.2

One Nation Bill Croft 1,383 5.1 +5.1

Independent Gerrit Schorel 257 0.9 +0.9

Independent Leigh Bonney 219 0.8 +0.8

Total formal votes 27,375 96.3 -2.0

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Informal votes 1,066 3.7 +2.0

Turnout 28,441 94.5

1
2 I held that my special knowledge regarding constitutional matters could be of benefit to the
3 farming community in particular and in 1999 stood for the State (political) election of Swan Hill.
4 However, electors seem to rather vote for a party no matter how useless then for someone who
5 actually could be for their benefits. Indeed, in my presentation in Wycheproof I specifically
6 referred to Aboriginal litigation against farmers.
7
8 I understand that former Premier of Victoria Daniel Andrews made a secret pact with
9 Aboriginals/Torres Strait Islanders that they could have a say in the running of councils, etc.
10 I will not quote the entire 16 September 2023 to Buloke Shire Council but just a part of it below,
11 albeit the entire document can also be downloaded from:
12 https://www.scribd.com/inspectorrikati
13
14 QUOTE 20230916-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors
15 Buloke Shire Council & Ors 16-9-2023
16 [email protected]
17
18 Cc:
19 Cr Alan Getley (Mayor) [email protected]
20 Cr David Pollard (Deputy Mayor) [email protected]
21 Cr Carolyn Stewart [email protected]
22 Cr Bernadette Hogan [email protected]
23 Cr Graeme Milne [email protected]
24 Cr Bronwyn Simpson [email protected]
25 Cr Daryl Warren [email protected]
26
27 Mayor Tim Mayer [email protected]
28
29 Ref; 20230916-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors
30
31 Objection to so called council rates, etc.
32 Sir,
33 before setting out my objection to so called council rates there is a saying: “The straw that
34 broke the camel’s back.”. It doesn’t mean that someone actually hit a camel with a straw!
35
36 https://www.skynews.com.au/opinion/peta-credlin/west-wimmera-shire-mayor-concerned-
37 over-andrews-governments-indigenous-land-rights-
38 deal/video/9d8c6664fa11d37893134a6d669c5c7a
39 West Wimmera Shire Mayor concerned over Andrews government's ...
40 3 Aug 2023 ... West Wimmera Shire Mayor Tim Meyer says the Andrews government
41 signing a land rights agreement isn't as much of a "shock" as what is in the ...
42
43 https://www.skynews.com.au/opinion/peta-credlin/west-wimmera-shire-mayor-concerned-over-
44 andrews-governments-indigenous-land-rights-deal/video/9d8c6664fa11d37893134a6d669c5c7a
45 QUOTE
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1 West Wimmera Shire Mayor concerned over Andrews government’s Indigenous land
2 rights deal
3 August 03, 2023 - 8:06PM
4 West Wimmera Shire Mayor Tim Meyer says the Andrews government signing a land
5 rights agreement isn’t as much of a "shock" as what is in the deal, saying it contains 39
6 actions the council must fund through provisions of their own revenue.
7 END QUOTE
8
9 I will below refer to this matter further.
10
11 As for any councillor who may have a passion for the voice of the people then well do not bother
12 to seek to vilify me on the internet but rather do as I do provide FREE OF CHARGE the best
13 services to Australians in general, in particularly property holders in Buloke! Previously Buloke
14 Shire Council wasted about $18,000 on litigation against me (see below limited set out) that I
15 view could have been avoided had Buloke Shire Council used “common sense”. I have however
16 gained respect for West Wimmera mayor Mayor Tim Mayer because he at least is seeking to
17 stand up for the residents within his area, etc. If just all councillors did so a lot of harm could be
18 avoided!
19 END QUOTE 20230916-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors
20
21 Western Australia and other historical records shows that the Southern Land was in 1626 named
22 by the Dutch “New Holland”. The Dutch at times shipwrecked and began to sire children with
23 Aboriginal woman and this resulted to records showing: copper colour children with blond hair
24 and Dutch type of houses and cultivated land. In 1658 the Dutch then claimed “New Holland for
25 the Dutch government. I have not found any details that the Dutch were granting “land rights” to
26 the Aboriginals.
27 In 1788 then Captain Cook claimed in what is now New South Wales, part for the British, albeit
28 over time this somehow became the whole of New Holland. It was in 1879 that Queensland
29 annexed the Murray Islands, but the Framers of the Constitution made it clear that Queensland
30 would have to sort out any land rights governing Torres Strait Islanders before federation. As
31 such, the Framers of the Constitution didn’t provide for any land rights claims to be made
32 AFTER federation.
33
34 The communist Voice proposal failed in the proposed Section 129 Referendum and for good
35 reasons, as it would have clashed with Subsection 51(xxvi) and Section 25 as well as with the
36 general principle embedded in the constitution that all persons born in the Commonwealth of
37 Australia were equal, etc. In my view there is no constitutional validity of any land rights
38 provisions.
39
40 We had however ample of politicians who for the sake of trying to be or stay in power were so to
41 say willing to sell their soul to the devil.
42 Farmers who for generations had worked on the land suddenly were confronted with land rights
43 claims where the governments were paying for their litigation but not for the farmers.
44 Graziers, etc, suddenly found that public land excluded them while Aboriginals were given
45 special treatments. Just that constitutionally this violated Subsection 51(xxvi)!
46 In Western Australia the State Government had its Heritage Act that farmers, etc, had to pay for
47 Aboriginals to ascertain if the farmer could put a fence post in the land or not, etc, at huge cost to
48 the farmers. Yet, this kind of legislation was totally and utterly unconstitutional.
49 For me, the electors in the 1999 Swan Hill election had clearly desired to vote for a candidate
50 who belonged to a political party, and as such, the harm then and continued to be inflicted was
51 the product of their own decisions who they voted for.
52
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1 I became well aware that politicians generally promise anything to be elected/re-elected

2 regardless they never may intent to keep their word.
3 Due to one of my daughters first (female) cousin being married to an Australian of Aboriginal
4 descent and they had 5 children, I held to important for my daughter to have contact with
5 Aboriginals whenever we were in Melbourne. As result we had often visits to Aboriginal
6 community in St Kilda and I learned quickly that Aboriginals simply so to say wanted to be left
7 alone and not that the media was portraying them in a different negative light. However, when I
8 did have meetings with other Aboriginals there were some who had radical idea’s to get rid of all
9 non-Aboriginals from the Commonwealth of Australia whereas the Elders made clear to me they
10 had no such interest whatsoever. My understanding was they opposed the radicals and this
11 included those pursuing what later became the Voice. However, it also became clear to me that
12 politicians wanted to force ahead to get Aboriginals and Torres Strait Islanders to rule the roost.
13 Why would Torres Strait Islanders, who joined what is now known as the Commonwealth of
14 Australia in 1879 (by annexation), where the Dutch already lived here before 1658 and claimed
15 the land for the Dutch Government? Much is claimed that the British invaded Australia in 1788
16 but that is absurd as the Dutch already lived since before 1658 in what is now the
17 Commonwealth of Australia and as such the British never stole (as alleged) the land from
18 Aboriginals!
19 We had this Aboriginal Flag as if this is a real Aboriginal Flag, but simply was a creation of
20 someone about 5 decades ago not just for Aboriginals but also for environment issues. With the
21 hundreds of tribes in Australia speaking in different tribe languages there hardly could have been
22 a nation, as not uncommon killing other tribes is merely part of historical records.
23 As I understand it Aboriginals were never “First Nations” as long before them were the
24 Negritoes and subsequently other races living in what is now the Commonwealth of Australia.
25
26 Much is claimed that Aboriginals were good in looking after the forest, etc. Well in today’s time
27 we have fire brigades and yet still often private houses and others are burning down. Now
28 consider this what was happing to Aboriginals living in the forest and then are burned to death
29 because some Aboriginals were burning the forest!
30
31 Aboriginals claimed to be “traditional custodians” and then this became “traditional custodians
32 owners” even so NO such terms exist in the constitution, but it seems that even the High Court
33 of Australia such as in MABO were not interested in the real history of the land and the original
34 inhabitants, as you cannot have “indigenous Aboriginals” when they never were “indigenous” to
35 begin with. Effective genuine land holders were ripped off on the basis of a gigantic fraud.
36
37 Allegedly, there is an about 3% or so Aboriginal living in the Commonwealth of Australia albeit
38 about 70% of them are residing with non-aboriginals and have made their own ways in life. Yet,
39 allegedly about $39 Billion is funded for this about 1%. And where is Centrelink demanding that
40 those unemployed Aboriginals are like others looking for work, etc? It simply (albeit
41 unconstitutionally) provides for special provisions. Some Aboriginal groups as I understand it
42 are enriching them of the monies provided to Aboriginals while the real Aboriginals in need are
43 in general left without.
44
45 I have a property in Berriwillock that I started to renovate and one of my sons a qualified motor
46 mechanic showed interest to possibly move there, however my wife became serious ill as a heart
47 patient and so I had to suspend any renovations since she ended up in hospital ICU in October
48 2019. Well this son now lives in our car he has parked near where he works because he simply
49 ended up homeless. He is currently in hospital due to Pancreatic cancer and was advised he has
50 perhaps 5 months to 5 years to live. Where is the equality by the government to look after every
51 person born in the Commonwealth of Australia? It doesn’t exist.
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1
2 And Buloke Shire Council thinking that I am going along with their rot to give unconstitutional
3 preference treatment to Aboriginals and Torres Strait Islanders is making a huge mistake.
4
5 The Framers of the Constitution were well aware that one couldn’t leave constitutional issues to
6 the politicians in power but that ordinary citizens should be able to challenge on constitutional
7 grounds.
8
9 Hansard 20-4-1897 Constitution Convention Debates
10 QUOTE Mr. HIGGINS:
11 I think it is advisable that private people should not be put to the expense of having
12 important questions of constitutional law decided out of their own pockets.
13 END QUOTE
14
15 Hansard 19-4-1897 Constitution Convention Debates
16 QUOTE Mr. CARRUTHERS:
17 This is a Constitution which the unlettered people of the community ought to be able to
18 understand.
19 END QUOTE
20 .
21 Hansard 21-9-1897 Constitution Convention Debates
22 QUOTE
23 The Right Hon. C.C. KINGSTON (South Australia)[9.21]: I trust the Drafting Committee
24 will not fail to exercise a liberal discretion in striking out words which they do not
25 understand, and that they will put in words which can be understood by persons commonly
26 acquainted with the English language.
27 END QUOTE
28
29 Hansard 8-3-1898 Constitution Convention Debates
30 QUOTE Mr. ISAACS.-
31 We want a people's Constitution, not a lawyers' Constitution.
32 END QUOTE
33
34 Hansard 22-2-1898 Constitution Convention Debates
35 QUOTE Mr. SYMON (South Australia).-
36 That this is not like an Act of Parliament which we are passing. It is not in the position which Mr. Barton has
37 described, of choosing or setting up a code of laws to interpret the common law of England. This
38 Constitution we are framing is not yet passed. It has to be handed over not to a Convention similar to
39 this, not to a small select body of legislators, but to the whole body of the people for their acceptance or
40 rejection. It is the whole body of the people whose understanding you have to bring to bear upon it,
41 and it is the whole body of the people, the more or less instructed body of the people, who have to
42 understand clearly everything in the Constitution, which affects them for weal or woe during the whole
43 time of the existence of this Commonwealth. We cannot have on the platform, when this Constitution is
44 commended to the people, lawyers on both sides, drawing subtle distinctions, which may or may not be
45 appreciated by the people.
46 END QUOTE
47
48 I in 2001 decided to stand for the Federal Seat of Jagajaga and made clear that the “compulsory”
49 part of voting was unconstitutional. I also made clear that “State Land Taxation (including
50 council rates) were unconstitutional.
51 The Australian Electoral Commission subsequently charged me with FAILING TO VOTE and I
52 responded with a NOTICE OF CONSTITUTIONAL MATTERS that was also served on the 9
53 Attorney-Generals.
54 The AEC then charged me again with FAILING TO VOTE in the 2004 federal election.
55 On 4 August 2005 the Commonwealth pursued that it relied upon “AVERMENT”. So, it didn’t
56 have to prove anything rather that I had to present evidence. I opposed this on the basis also that
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1 in the (NSW) Kable case the High Court of Australia had made clear Commonwealth law
2 regarding litigation in State courts exercising federal jurisdiction cannot be forced against State
3 courts unless the State Parliament had provided for it. Technically this also means that the ATO
4 cannot rely upon “AVER” against any party as it must present “evidence’ to support its
5 litigation. However, on 17 November 2005 a magistrate made known to ignore previous court
6 orders that were in my favour and found me guilty on both charges. I upon this filed appeals and
7 succeeded in both. It must be made clear, again, that neither the Commonwealth or the 9
8 Attorney-Generals in any way challenged my appeals! The legal affect is that I successfully
9 challenged the High Court of Australia Sue v Hill alleged “Australian citizenship” being a
10 “nationality” as well as that the ATO, AEC or other federal body cannot rely upon
11 AVERMENT. Moreover, there can be no “court” where the person presiding over the case is not
12 a “Subject of the British Crown”. Any person claiming to be an “Australian citizen” as a
13 “nationality” cannot be a judicial officer and neither can therefore be sitting as a judge. Without
14 a presiding judge there can be no court!
15
16 As the High Court of Australia (again) made clear that a council (corporation) cannot legislate
17 then their so called by-laws have no constitutional validity. While the States having found the
18 referendum for councils to have failed then tried to get around this by legislating that councils
19 are a “local government” reality is that the States cannot create a level of government, certainly
20 neither a “local government” where the State Government themselves are “local government and
21 the Federal Government is the “central government”.
22
23 I do not know how many land owners had been provided with an actual valuation of their
24 property that sets out precisely what was valued and not that perhaps the valuation related to
25 some other land or part of another land but wrongly included in the valuation. And, in any event
26 the valuation is a land valuation used for State Land Taxation and that clearly has been
27 unconstitutional since 11 November 1910.
28
29 QUOTE

30
31 END QUOTE
32
33 Just consider the absurdity (without seeking to imply that State Land Taxation is valid) that the
34 State purportedly allow a council to increase by 3.50% where for example during the covid scam
35 many businesses were decimated. The same where interest rates were nearly 0% and yet councils
36 are claiming 10% interest rates for any unpaid charges! What a rip off.
37 But Buloke Shire Council charges $400 for garbage collection this even so for more than a
38 decade it didn’t collect any garbage from the property! Moreover, councils were increasing
39 garbage cost for “climate change” mantra this while dumping the recycling materials with the
40 general waste and burning it with the rest of the garbage tip.
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 Page 11

1
2 As I referred to above that once the Commonwealth commences to legislate the States no longer
3 can do so, etc, on the3 same subject matter and so the question is who really has the legislative
4 powers as to “environment”? We seem to have that the Commonwealth ventured out about
5 “climate change” this even so the Framers of the Constitution made clear this was a State power
6 specifically denied to the Commonwealth. And yet even councils have joined in to pursue the
7 fake “climate change” mantra at huge cost to property owners. Would it not better to sort out
8 who really has the legislative powers as to environment?
9
10 In Czech Republic during 2023 drought it was found that the river level had so drastically
11 dropped that stones that had been dated more than 600+ years ago to mark the then draught were
12 visible. Meaning, that long before the industrial revolution drought was the same as now.
13 With the “climate change” absurdity it was discovered that drones recorded people to
14 deliberately put fire to forest, and some were discovered to be “climate change” protesters! So,
15 the fires were deliberately lit, as to pretend a “climate change” fire.
16
17 The purported “Local Government Act 1989” is no valid legislation at all. As a matter of fact the
18 purported Victorian Constitution Act 1975 is no constitution at all.
19
20 HANSARD 9-2-1898 Constitution Convention Debates
21 QUOTE
22 Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
23 END QUOTE
24
25 HANSARD 10-03-1891 Constitution Convention Debates
26 QUOTE
27 Dr. COCKBURN: All our experience hitherto has been under the condition of
28 parliamentary sovereignty. Parliament has been the supreme body. But when we embark
29 on federation we throw parliamentary sovereignty overboard. Parliament is no longer
30 supreme. Our parliaments at present are not only legislative, but constituent bodies. They
31 have not only the power of legislation, but the power of amending their constitutions. That
32 must disappear at once on the abolition of parliamentary sovereignty. No parliament
33 under a federation can be a constituent body; it will cease to have the power of
34 changing its constitution at its own will. Again, instead of parliament being supreme, the
35 parliaments of a federation are coordinate bodies-the main power is split up, instead of
36 being vested in one body. More than all that, there is this difference: When parliamentary
37 sovereignty is dispensed with, instead of there being a high court of parliament, you bring
38 into existence a powerful judiciary which towers above all powers, legislative and
39 executive, and which is the sole arbiter and interpreter of the constitution.
40 END QUOTE
41
42 QUOTE

43
44 END QUOTE
45
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 Page 12

1 As I raise constitutional issues regarding the true meaning and application of the Commonwealth
2 of Australia Constitution Act 1900 (UK) then VCAT not being a court invested with federal
3 jurisdiction cannot be involved.
4 The purported Valuation Land Act 1960 was passed by alleged Members of Parliament that
5 claimed to be “Australian Citizenship” as a “nationality” and as such cannot be valid. Also,
6 besides that the fact that the States no longer had State Land Taxation powers since 11
7 November 1910 then any State purported Valuation Land Act 1960 cannot be applicable. As
8 such no Appeal is applicable as there is no validity in any alleged council rates and valuation.
9
10 QUOTE

11
12 END QUOTE
13
14 The Fire Service Property Levy again is based upon the “Capital Improved Value (CIV) of your
15 property) and again there is no constitutional validity for this as it really implies nothing more
16 but another form of unconstitutional State Land Taxation.
17
18 QUOTE

19
20 END QUOTE
21
22 The sheer and utter nonsense is also that fire levy charges are varying from council to council
23 and for what reason if it were to be monies for the fire authority? Clearly, it seems that it is no
24 more but another grab of monies from property owners.
25
26 There is also the issue that besides the issue that the States have no legislative powers as to State
27 Land Taxation, that even if it had (which again is not conceded) than any monies raised by
28 councils should be deposited in the State Consolidated Revenue Funds and not merely in the
29 pockets of whomever! With the 2008 financial collapse it was reported that many councils had
30 invested in insurances in the USA, etc. Moment, councils charging landholders monies and
31 instead of depositing it in the State Consolidated Revenue Funds they were gambling part of it
32 on investments.
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 Page 13

1 The Framers of the Constitution actually made clear that Appropriation Bills and Taxation Bills
2 would have to be presented and approved to the Parliament for the following financial year
3 before it commenced and no changed could be made once the new financial year had
4 commenced. The States created “subject to this constitution” therefore had inherited the same
5 principles. Just that we find in Victoria the debt is astronomical and underlines gross
6 mismanagement.
7
8 I for many years wrote to Buloke Shire Council about matters but in general it blatantly ignored
9 to respond to my satisfaction. It simply seems to be that Buloke Shire Council places itself above
10 the rule of law as after all it can litigate freely and waste monies it extort from property owners.
11
12 Previously Buloke Shire Council reportedly spend about $18,000.00 on litigation against
13 me, and ended up without a cent!
14
15 The following document also sets out constitutional issues!
16 The ATO ignored my writings and in the process has all along been stealing tens of
17 thousands of dollars from a very ill little old lady, which justify to reverse the tables
18 and let the ATO be the one to be held legally accountable.
19 You can download the document from:
20 https://www.scribd.com/document/713026647/20240313-Mr-G-H-Schorel-Hlavka-O-W-
21 B-to-ATO-David-Allen-DC-of-Taxation
22
23 Let it be very clear that I representing myself succeeded in defeating the charges FAILING TO
24 VOTE this because I knew my constitutional rights.
25
26 While Buloke Shire Council claims to be a “Law Enforcement Agency” reality is that it fails to
27 enforce the law against itself, etc.
28
29 Generally farmers, growers, etc, lack the time let alone the knowledge to fight any constitutional
30 issue as I do and well the time has come for me to pursue the “public interest” of all citizens
31 and pursue the true meaning and application of the legal principles embedded in the
32 Commonwealth of Australia Constitution Act 1900 (UK).
33
34 A council may seek to rely upon any unconstitutional alleged/purported legal provision to make
35 demands but in the end council would have to prove its case as I for one do not accept the
36 jurisdiction of any court unless and unless if ever it all acts within the confines of the
37 constitution, and not despite of it!
38
39 If Council had any genuine position to make any claim then it should do so within the provisions
40 of the constitution and not despite of it.
41
42 There is no doubt that the Framers of the Constitution were well aware that municipal councils at
43 times were referred to as “local government” but that didn’t mean they were or could be a level
44 of government. And again the High Court of Australia in Sydney Municipal v Commonwealth
45 made this very clear.
46
47 https://constitutionwatch.com.au/fee-simple/
48 Fee Simple. - Constitution Watch
49 12 July 2022 ... What is an Estate in Fee Simple? Commonwealth v New South
50 Wales [1923] HCA 34 (1923) 33 CLR 1. (9 August 1923) .
51
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 Page 14

1 There is an excellent article at https://constitutionwatch.com.au/fee-simple/ which also refers to

2 Commonwealth v New South Wales [1923] HCA 34; 919230 33 CLR 1 (9August 1923)
3 QUOTE
4 Fee Simple.
5 Posted onMay 10, 2022AuthorEditor
6 What is an Estate in Fee Simple?
7
8 Commonwealth v New South Wales [1923] HCA 34 (1923) 33 CLR 1
9 (9 August 1923)
10 HIGH COURT OF AUSTRALIA
11 KNOX C.J., ISAACS, HIGGINS, GAVAN DUFFY AND STARKE JJ.
12 THE COMMONWEALTH OF AUSTRALIA PLAINTIFF
13 AGAINST
14 THE STATE OF NEW SOUTH WALES AND ANOTHER DEFENDANTS
15 1920-1923: SYDNEY, Dec. 1-3, 1920; Mar. 21-29, 1922; Aug. 9, 1923 33 CLR 1
16 Extracts from Commonwealth Law Reports Volume 33 / 33 CLR 1:-
17 (1920) 33 CLR 1 at 42
18
19 ISAACS J. In Challis's Real Property, 3rd ed., p. 218,
20 it is stated with perfect accuracy:—
21 “In the language of the English law, the word fee signifies an estate of inheritance as distinguished
22 from a less estate; not, as in the language of the feudists, a subject of tenure as distinguished from
23 an allodium.”
24 “Allodium being wholly unknown to English law, the latter distinction would in fact have no
25 meaning.” “A fee simple is the most extensive in quantum, and the most absolute in respect to the
26 rights which it confers, of all estates known to the law.”
27 “It confers, and since the beginning of legal history it always has conferred, the lawful right to
28 exercise over, upon, and in respect to, the land, every act of ownership which can enter into
29 the imagination, including the right to commit unlimited waste; and, for all practical
30 purposes of ownership, it differs from the absolute dominion of a chattel,
31 in nothing except the physical indestructibility of its subject.”
32 “Besides these rights of ownership, a fee simple at the present day confers an absolute
33 right, both of alienation inter vivos and of devise by will.” 2
34 Extracts from Commonwealth Law Reports Volume 33 / 33 CLR 1:-
35 (1920) 33 CLR 1 at 45
36 ISAACS J.
37 With respect to the expression “fee simple”, the view enunciated in the joint opinion that “fee
38 simple” indicates the quantum of estate, and not feudal tenure, is confirmed by the observation of
39 Viscount Haldane for the Privy Council in the White Cap Case (Amodu Tijani v. Secretary,
40 Southern Nigeria[50]), where the learned Lord refers to—
41 “an estate in fee” as “the most comprehensive estate in land which the law recognizes.”
42 On the same page Lord Haldane also speaks of a case where “the title of the Sovereign is a pure
43 legal estate, to which beneficial rights may or may not be attached.”
44 The same learned Lord in Matamajaw Salmon Club v. Duchaine[51] says that in England “there
45 has always been permitted great latitude in splitting up the title to the fee simple.” The same learned
46 Lord, again for the Privy Council, had already in Smith v. Vermillion Hills Municipality[52]
47 recognized the principle when he spoke of certain land—
48 “the fee of which is in the Crown.”
49 It is obviously right, therefore, to say that under sec. 85 (I.) the Commonwealth holds the land for
50 an estate of fee simple in possession, that having no reference to any tenure under the State. The
51 title transferred by sec. 85 is taken from the State, as I have already said, adversely to State law and
52 by a law superior, and by that superior law is vested in the Commonwealth; and, as that superior
53 law is the sole source of title, it follows that nothing henceforth can depend on State registration
54 laws or State laws of any kind.
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 Page 15

1 But as the land—not being in Commonwealth “territory” properly so called, that is, outside a
2 State—remains in the State boundaries, it was necessary to provide that the governmental powers
3 of the Commonwealth—exclusive in themselves—should, for the purpose for which the land was
4 transferred, be entirely free from State jurisdiction. To this end sec. 52 (I.) was shaped in the form
5 in which it exists. It enacts that the Commonwealth Parliament shall have exclusive power to
6 legislate for—
7 “the seat of government of the Commonwealth, and all places acquired by the Commonwealth for
8 public purposes.”
9 Even in America, it may be necessary to repeat, where no such explicit law exists, it is held that the
10 Congress may validly legislate for the protection of its public lands, even within a State.
11 As Brown J. said for the Court, in Camfield v. United States[53], “a different rule would place the
12 public domain of the United States completely at the mercy of State legislation.” This was a
13 decision in 1897, and the later Commonwealth Constitution has provided specifically, and in larger
14 terms, for the Federal power. The grant of exclusive power carries an inevitable inference with it. It
15 shows that the proprietorship and the sovereignty were intended to go together in this respect.
16
17 4 pages, use toolbar at top to open.
18 END QUOTE
19
20 While the States seek to interfere with land ownership and at times to make a deal with a private
21 corporation who desires to get their hands on a fee simple property but cannot do so against the
22 desire of the true owner nevertheless one should never accept anything less than:
23
24 “It confers, and since the beginning of legal history it always has conferred, the lawful right to
25 exercise over, upon, and in respect to, the land, every act of ownership which can enter into
26 the imagination, including the right to commit unlimited waste; and, for all practical
27 purposes of ownership, it differs from the absolute dominion of a chattel,
28 in nothing except the physical indestructibility of its subject.”
29 “Besides these rights of ownership, a fee simple at the present day confers an absolute
30 right, both of alienation inter vivos and of devise by will.”
31
32 To therefore let Aboriginals and Torres Strait Islanders interfere with the property Fee Simple
33 rights of farmers, graziers, etc, is utter and sheer nonsense, and violate Section 51(xxvi).
34 Likewise, the State lacks the powers to allow pure strangers to interfere with the farmer, grazier,
35 etc, Fee Simple rights in this regard also.
36
37 Neither in my view can the alleged value of the property under Fee Simple be used for taxation
38 purposes. As the High Court of Australia made clear that “property” includes everything that is
39 under the land in the soil and above it. It would be impossible for most properties to be evaluated
40 to its real value. A property owner could leave most of the property bare while hiding gold bars
41 below it. Why then would someone who improves the property be taxed on improving the
42 property but not its actual value. Then we have people who purchase a property unaware that the
43 residence on it may need to be demolished due to all kinds of reasons, being it termites, unstable
44 ground, etc. As such, any property valuation really may be a mere guess.
45 Neither can it be claimed that the council rates are somehow Commonwealth taxation because
46 the Commonwealth must apply taxation in a UNIFORM manner.
47
48 Hansard 16-2-1898 Constitution Convention Debates
49 QUOTE Mr. ISAACS (Victoria).-
50 In the next sub-section it is provided that all taxation shall be uniform throughout the Commonwealth.
51 An income tax or a property tax raised under any federal law must be uniform "throughout the
52 Commonwealth." That is, in every part of the Commonwealth.
53 END QUOTE
54 Hansard 19-4-1897 Constitution Convention Debates
55 Mr. MCMILLAN: I think the reading of the sub-section is clear.
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 Page 16

1 The reductions may be on a sliding scale, but they must always be uniform.
2 END QUOTE
3 And
4 Hansard 19-4-1897 Constitution Convention Debates
5 QUOTE
6 Sir GEORGE TURNER: No. In imposing uniform duties of Customs it should not be
7 necessary for the Federal Parliament to make them commence at a certain amount at once.
8 We have pretty heavy duties in Victoria, and if the uniform tariff largely reduces them at
9 once it may do serious injury to the colony. The Federal Parliament will have power to
10 fix the uniform tariff, and if any reductions made are on a sliding scale great injury
11 will be avoided.
12
13 Hansard 17-3-1898 Constitution Convention Debates
14 QUOTE Mr. BARTON.-
15 But it is a fair corollary to the provision for dealing with the revenue for the first five years
16 after the imposition of uniform duties of customs, and further reflection has led me to the
17 conclusion that, on the whole, it will be a useful and beneficial provision.
18 And
19 Hansard 17-3-1898 Constitution Convention Debates
20 QUOTE Mr. BARTON.-
21 On the other hand, the power of the Commonwealth to impose duties of customs and of
22 excise such as it may determine, which insures that these duties of customs and excise
23 would represent something like the average opinion of the Commonwealth-that power, and
24 the provision that bounties are to be uniform throughout the Commonwealth, might, I
25 am willing to concede, be found to work with some hardship upon the states for some
26 years, unless their own rights to give bounties were to some extent preserved.
27
28 Hansard 31-3-1891 Constitution Convention Debates
29 QUOTE Sir SAMUEL GRIFFITH:
30 2. Customs and excise and bounties, but so that duties of customs and excise and bounties
31 shall be uniform throughout the commonwealth, and that no tax or duty shall be imposed
32 on any goods exported from one state to another;
33 END QUOTE
34
35 Therefore, it never can be claimed that any “council rates” that varies from council to council is
36 constitutionally valid.
37 Also, councils cannot exclude the so called “not for profit (non profit) organisation/corporations
38 because this would defy the “uniform” requirement.
39
40 QUOTE 20231028-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors-Supplement 1
41 Buloke Shire Council & Ors 28-10-2023
42 [email protected]
43
44 Cc: Cr Alan Getley (Mayor) [email protected]
45 Cr David Pollard (Deputy Mayor) [email protected]
46 Cr Carolyn Stewart [email protected]
47 Cr Bernadette Hogan [email protected]
48 Cr Graeme Milne [email protected]
49 Cr Bronwyn Simpson [email protected]
50 Cr Daryl Warren [email protected]
51
52 Ref; 20231028-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors-Supplement 1
53
54 Objection to so called council rates, etc.
55 Sir,

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 Page 17

1 firstly I object to the purported Notice 17338 Fire Prevention Notice on legal grounds as I
2 will set out below, and request/demand the notice is withdrawn.
3
4 I noticed that in its 13 October 2023 correspondence Buloke Shire Council (Penelope Grant)
5 stated that the pension rate is not applicable due to that the property is not my place of residence.
6 And yet, Buloke Shire Council has been charging me for more than a decade for collection of
7 waste even so no one resided at the property.
8
9 As I outlined in the past people caused damage and stole most of my tools and equipment from
10 the property and if they have any conscious should return it all in a safe and secure manner, etc,
11 but to be very honest I do not think this will happen. I may not practice any religion but at least
12 have the view to act honourable!
13
14 It is now time for farmers/ growers and other citizens to take a stand and hold those who
15 committed TREASON/TERRORISM, including their collaborators and minions legally
16 accountable.
17
18 Some may recall I was an INDEPENDENT candidate in the 18 September 1999 State election
19 for Swan Hill. During my speech in Wycheproof I then referred to how Aboriginals were
20 pursuing land rights while farmers had to cop the expenses to fund their own defence.
21
22 Let anyone being federal, State/Territory or whomever prove that Aboriginals are in fact
23 indigenous and just like anyone else who was born in Australia being “natives”.
24
25 This is very critical because I understand that the Victorian Government has somehow made
26 (unconstitutional) deals with some Aboriginals that they can dictate over property owners what
27 they can or cannot do. Actually, it seems that they now somehow may enter anyone’s home
28 without a warrant. So, forget about the safety of your child because privacy is no more if this is
29 left unattended!
30 Well consider the following:
31
32

33
34
35 I provided Buloke Shire Council (in my writings) with a sign ENTRY PROHIBITED and that
36 is ultimately what governs. As some people at times remove signs I use this manner to underline
37 the warning about ENTRY PROHIBITED.
38 END QUOTE 20231028-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors-Supplement 1
39
40 Hansard 1-3-1898 Constitution Convention Debates
41 QUOTE Sir JOHN DOWNER.-
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 Page 18

1 I think we might, on the attempt to found this great Commonwealth, just advance one step,
2 not beyond the substance of the legislation, but beyond the form of the legislation, of the
3 different colonies, and say that there shall be embedded in the Constitution the righteous
4 principle that the Ministers of the Crown and their officials shall be liable for any
5 arbitrary act or wrong they may do, in the same way as any private person would be.
6 END QUOTE
7
8 This means that any legislation such as the County Fire Authority Act, etc, are in violation of the
9 constitution where they are not deemed applicable to a Minister and any official!
10
11 It is very important that citizens do not cave into the terrorism of any council. Hold
12 them legally accountable. Perhaps this document may provide an insight how to do
13 so.
14 You can download the document from:
15 https://www.scribd.com/document/682156215/20231104-Mr-G-H-Schorel-Hlavka-O-W-
16 B-to-Lawyers-Molly-Metcalf-Becklegal-Supplement-2
17
18 In this document I extensively indicated the limitations of a “Law Enforcement Agency” so any
19 alleged “Law Enforcement Officer”. While Mr Wayne Wall as I understood it claimed to have
20 the right to enter a property, this however is not at all as such applicable.
21
22 During the American Civil War soldiers would come onto farms and take away the farmers
23 horses, wagons, etc. After the war farmers successfully sued for compensation, this as their
24 rights were not extinguished.
25
26 In Australia with the covid scam we had lockdowns, etc, and while the High Court of Australia
27 in Palmer v WA claimed that the State had the powers in reality it concealed the following:
28
29 Hansard 7-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
30 Convention)
31 QUOTE Mr. BARTON (New South Wales).-
32 I do not think the word quarantine, for instance, which is used in the sub-section of the 52nd
33 clause, is intended to give the Commonwealth power to legislate with regard to any
34 quarantine. That simply applies to quarantine as referring to diseases among man-kind.
35 END QUOTE
36
37 QUOTE 417451893_10227855341183746_6398336772358739017_n

38
39 END QUOTE 417451893_10227855341183746_6398336772358739017_n
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 Page 19

1
2 https://www.lewrockwell.com/lrc-blog/the-infectious-myth-busted-part-7-the-common-
3 cold-vacation/
4 The Infectious Myth Busted Part 7: The Common Cold “Vacation”
5
6 While Buloke Shire Council claims to be a “Law Enforcement Agency” I for one questions its
7 integrity in that regard.
8
9 For example:
10
11 QUOTE 20230916-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors
12 http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=ASSE
13 MBLY&speech=23716&activity=Second+Reading&title=SAFE+DRINKING+WATER+BILL&date1=7&date2=
14 May&date3=2003&query=true%0a%09and+%28+data+contains+'safe'%0a%09and+data+contains+'water'+%29
15 QUOTE
16 Mr ANDREWS (Mulgrave)- It is a pleasure to speak in support of the Safe Drinking Water Bill.
17 This bill forms part of the government's strategic approach to water management, with
18 specific attention being paid to water quality and risk management as matters of public
19 health. It is worth noting that this is a debate about public health and about making
20 sure that each community across our state has access to the highest quality water. It is
21 also worth noting that this bill has been introduced by the Minister for Health as a matter
22 of public health.
23 The bill has four specific objectives. Before going on to those I welcome the support
24 shown by the Liberal and National parties for this bill. Every endeavour has been made to
25 try to provide as much information as possible.
26 END QUOTE
27
28 Well, as I understand it, GWMWater still has not provided “safe drinking water” to various
29 area’s this even so it was claimed that they would receive funding to perform the upgrade from
30 untreated water to safe drinking water and water service providers could engage other water
31 service providers to assist in performing the required work.
32 One then has to ask what happened to the monies?
33 I disputed the water charges and in 2014 the Victorian Ombudsman held it was a legal issue.
34 GWMWater therefore only alternative was to litigate against me. They never did but purportedly
35 keep increasing their alleged claims against me.
36 Last year I made an extensive submission and have been advised that GWMWater now intends
37 (finally) to upgrade the water supplies from untreated to safe drinking water. Currently it is still
38 violating legal requirement!
39 I, some years ago, did write to Buloke Shire Council as to this being clearly a “health” issue but
40 nothing came from it. Why not?
41

42
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1 The shown web site no longer operates as such)

2 What we have is that parents may have been working hard to provide for the family unaware that
3 the water they were using may have been extremely dangerous for the child(ren).
4
5 The same with the sickening mandates. Let it be clear that Brett Sutton as I understand it as a
6 Chief Health Officer was NOT a medical doctor, and apparently had not even any scientific
7 basis to justify any mandates, besides they were unconstitutional.
8
9 How many parent may be aware that many of the school children vaccinations may be
10 unconstitutional and often can cause harm such as SIDS, AUTISM, etc? My blog has
11 considerable information about it all. And I do NOT charge for anyone to download it.
12 END QUOTE 20230916-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors
13
14 Yet, even 20 years later parts of the Mallee is still to my knowledge at least without “safe
15 drinking water” which then can endanger visitors , besides local residents, as well as for example
16 fire fighters. Visitors may be unaware that the “untreated” water is what they may drink from
17 taps. Firefighters may end up with illnesses due to being exposed to use untreated water for
18 firefighting. Any residence on which the untreated water is used could become also a health
19 hazard and local residents themselves may end up with diseases from using untreated water.
20 Besides this also locals are caused to incur additional cost to access bottles of safe drinking
21 water.
22
23 Despite my complaint to Buloke Shire Council many years ago, to my understanding it did
24 nothing to ensure that the legislation was properly enforced. This, even so way back in 2003 then
25 Health Minister Daniel Andrews made clear that if a water provider was unable to perform the
26 improvements needed, for which the State provided monies, then the water provider should
27 request the assistance of another water provider to carry out the works required.
28 I understand that GWMWater is owned by the State of Victoria and perhaps it places itself above
29 the rule of law. Nevertheless it underlines that Buloke Shire Council as a Law Enforcement
30 Agency failed to enforce the rule of law and in the process unduly placed many people at risk!
31

32
33
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1 Victoria legislated that all recycle water system must be properly identified with purple coloured
2 taps, etc. I decided in 2016 to have all taps on the property replaced, regardless if water came
3 from a water tank or not so that no person, in particular a child could drink from any
4 contaminated “untreated” water, this to avoid any possible ill health to a person drinking water in
5 the perception it is safe drinking water. Yet, I have not seen any such water taps elsewhere
6 despite being supplied with “untreated” water. Which in my view underlines that Buloke Shire
7 Council as a Law Enforcement Agency thumb its nose upon law enforcement unless tit see an
8 opportunity to extort monies from property owners, etc.
9
10 QUOTE 20180913-Schorel-Hlavka O.W.B. to Buloke Shire Council
11 Buloke Shire Council
12 C/o Mr Wayne Wall, Municipal Fire Prevention Officer 13-9-2018
13 [email protected]
14
15
16 Ref; 20180913-Schorel-Hlavka O.W.B. to Buloke Shire Council
17 Sir,
18 I ([on 10-9-2018) received a correspondence dated 4th September 2018 regarding FIRE
19 PREVENTION. The letter purports a $20 fee if a Fire Prevention Notice is issued. I have recently
20 requested Buloke Shire Council to provide me details as to the legality of certain charges, where I made a
21 submission to the Financial Service Royal Commission that council is charging for garbage collection
22 even so the property had been vacant for years and hence no collection of garbage eventuated.
23 Further, the correspondence refers to inspections commencing October but does not indicate any
24 particular date which area is when inspected. I contemplate to travel to the Berriwillock Property at latest
25 on 18 October 2018 to spend some days there to attend to the fire prevention issues, etc. As such any
26 inspection by council would have to be say after Monday 22 October 2018. As Buloke Shire is a large are
27 then obviously not every property can be inspected on a single one day, hence it would be a simple matter
28 for Buloke Shire Council to ensure the inspection of my Berriwillock property is done in coordination
29 with myself after Monday 22 October 2018.
30 Ordinary when I made a 700 plus round trip I have my vehicle serviced and in particular my brakes in
31 view of towing a trailer and within my financial means this will be in the first part of October. Hence the
32 18 October date. This also as I seek to arrange my son Richard to assist me for any work to be carried on
33 at the property.
34 It is also important that any clearing is performed as late as possible this as to avoid fresh growth that
35 would require yet another long distance trip. Therefore I view that the 18 October 2018 planned trip will
36 be late enough, considering that in the past I in November did clearing.
37 Also I am working on my ride on mower to get this ready for the trip to Berriwillock.
38 A major problem I found is that Berriwillock tip seems to be closed and so while I am charged
39 Municipal charge $170.00 as well as Garbage Charge $414.000 no tip facilities in Berriwillock
40 appears to be provided. This to me is an unacceptable situation. In my view Buloke Shire
41 Council has a duty and obligation to provide reasonable access to a local tip. It would be utter
42 and sheer nonsense to charge fees when no service is provided.
43
44 I look forwards to your positive response to my writings.
45
46 As I understood it in previous litigation that Buloke Shire Council is making a handsome profit with the
47 issue of Fire Prevention Notices and as such I question the need to charge a $20 fee for this also. In my
48 view this is rather a way to circumvent the rates cap set by the State Government and I view has no valid
49 legal basis.
50
51 This document is not intended and neither must be perceived to refer to all details/issues.

52 MAY JUSTICE ALWAYS PREVAIL®

53 (Our name is our motto!)
54 Awaiting your response, G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)
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1 END QUOTE 20180913-Schorel-Hlavka O.W.B. to Buloke Shire Council

2
3 QUOTE 130829-Schorel-Hlavka to Buloke Shire Council care of Wayne Wall
4 QUOTE 130128-G H Schorel-Hlavka O.W.B. to Premier TED BAILLIEU Re FIRE-WATER-TAXES-etc
5 FIRE DANGERS
6 When I drove recently to my country property in Berriwillock, towing a trailer with a ride-on mower, it was
7 noticeable that rest stops are far and few in-between the 370 kilometres. Ample of signage telling you to take
8 a power nap, but where?
9 Mr Ian Wight as the V/Line bus driver may himself be well aware of, the fires that were along the Calder
10 Highway where motorist pulled over in the high grass and the heat of the motor vehicle caused a grass fire,
11 on either side of the road.
12 The Parliament seemed to have introduced that municipal/shire councils can fine landholders about
13 $1,408.00 for failing to keep weed/grass below a certain height, but what is remarkable is that while my
14 property boundary fence is some 7 meters from the bitumen road, you find along Calder Highway the shire
15 itself failing sufficient clearance. At some placed it was about 1 1/2 metre high. Indeed in Loddon Shire there
16 was over long distances no attempt to have it cut down.
17 So here we have the shire so to say terrorising ratepayers about keeping weed/grass down while it is the
18 greatest offender but somehow that is alright if it causes the loss of lives. How on earth can this be justified, I
19 ask? Fire-fighters like Mr Ian Wight should not have to place their lives at risk because Shires are ignorant to
20 the dangers of fire while seeking to issue Infringement Notices to rate payers purporting to act rightfully. In
21 my view it should be the local fire captain who should be paid to do inspections, and then be able to take to
22 task the Shire if it fails to keep weed/grass along the highways under control. You cannot have a Shire being
23 both judge/jury and executor. We must never allow fire-fighters to be unduly placed in harm’s way because a
24 shire cannot bother to keep itself on top of any fire dangers. All the shire seems to be doing is to be on the
25 back of ratepayers while it basically disregarding the real dangers. For the record I made numerous photos of
26 the high weed/grass along the highway.
27
28 Proposed Road signage:

29

30
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1 END QUOTE 130128-G H Schorel-Hlavka O.W.B. to Premier TED BAILLIEU Re FIRE-WATER-TAXES-

2 etc
3 Again, as there appears to be a lack of spaces to pull over, drivers unaware of the fire danger of
4 their exhaust when driving into the grass shoulder of a highway, that can cause and indeed does
5 create at times fires. more then 20 years ago, during the night, I noticed near Ultima a fire, and
6 called the fire brigade and then about 2 days later (on my way back) noticed at the same spot the
7 fire starting up again, apparently from a tree that still had been smouldering, and so called the
8 fire brigade again to the spot.
9
10 I also reported fire matters at the time at other locations and very much concerned about the risk
11 of people losing their lives, besides property damage. However, we must also have a responsible
12 council that will itself act appropriately and not be the greatest offender, as well as it must act in
13 a reasonable manner. I noticed that the correspondence states:
14 QUOTE 20-8-2013 CORRESPONDENCE
15 Buloke Shire is preparing again for the coming fire season and will be starting property inspections in towns
16 across the Shire in early September.
17 END QUOTE 20-8-2013 CORRESPONDENCE
18
19 Early September could be even on 1 September 2013, and I view this hardly is a reasonable time
20 for notification. It may not be done on 1 September 2013, but that is not for me to know.
21 Hence, we have to consider the following also:
22 QUOTE 20-8-2013 CORRESPONDENCE
23 Given the wet weather experienced over the winter months the spring growing season is likely to be
24 vigorous so you will need to keep an eye on your property to ensure that it is maintained in a safe condition.
25 END QUOTE 20-8-2013 CORRESPONDENCE
26
27 It appears to me that this is not some incident that arose suddenly in the last few days, rather that
28 someone just happen to decide to now bring the inspections forwards, as I understand this used
29 to be in October, and hence made my wife aware that in October I would have to go to
30 Berriwillock for the preparation of the fire season, and as such any medical appointments she
31 needs to have must be before October.
32 .

33 In my view, this rain wasn’t just coming now, but was obviously happening for some months
34 and as such one has to ask why on earth no earlier warning but leave it with no more but the
35 coming weekend at the very least in time notification. Surely, if Buloke Shire was sincere about
36 fire danger it would work with landowners as to ensure they had ample of time of notification.
37 .

38 While councillors may spend their monies, being that of ratepayers as if there is no tomorrow,
39 such as adverting for the Yes referendum that didn’t proceed, It would in my view be more
40 responsible if councillors were to consider that any genuine attempt to prepare for a fire season
41 must be in a progressive manner and not so to say backstabbing as to get some fine for
42 landholders due to insufficient lack of time.
43 There are many people who as I am retired and need to budget for expenses, and so well aware
44 in advance that a October trip had to be financed. Again, councillors may use rate payers monies
45 but I do not have this luxury and need to budget for it. As such, having to pay rates in
46 September, I worked upon the basis that with expected fire inspections in October, then I would
47 be travelling to Berriwillock in early October as to avoid a fire notice being issued. For this, I
48 seek that any inspection is done, if needed to be done in September, as late as possible in
49 September, so that my planned travel to Berriwillock in early October can still be catered for.
50
51 Let’s be clear about it, I purchased the ride on mower and only use it for Berriwillock, and so in
52 that regard have the ride on mower available when I can travel.
53
54 As for the Shire it self failing to keep road side overgrow down, I view that the councillors
55 should be personally held accountable, and not rate payers having to fork out the fines. After all,
56 if councillors can justify property owners to be fined then they as councillors should be equal
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1 under the law. After all the law must be applied to all and not give Shire’s an exemption where
2 in fact roadside fires are more common along highways.
3
4 QUOTE 20-8-2013 CORRESPONDENCE
5 Fines prescribed by the Victorian Government set the penalty for failure to comply with the notice at 10
6 penalty units which is a minimum fine of $1,443.60(The current value of a penalty unit is $144.36) Council
7 has no discretion to vary this penalty and. if it requires to refer the matter to a Magistrates Court, a Magistrate
8 can impose a penalty up to 120 penalty units for imprisonment or both.)
9 END QUOTE 20-8-2013 CORRESPONDENCE
10
11 Again, we need to act reasonable and responsible and neither expect that a landowner has to
12 make an additional trip because of the fire danger not existing in September and then any
13 grass/weed may still grow afterwards. The issue is to leave matters to the latest when there is a
14 possible fire danger and not have it in say the midst of the rain season for no more but to try to
15 be difficult whereas the Shire itself as I indicated failed to comply with slashing appropriately.
16 If the risk to lives and property is a real issue and not some pretended issue then I expect the
17 fullest corporation. After all I highlighted in the past that the shire having done away with its that
18 there had been grass fires on the soft shoulder and as such, in my view its conduct is utterly
19 deplorable not to seek mto implement signage that own services of slashing grass/weed shows an
20 ignorance to lives and safety. Who needs a council if it is not willing to represent all rate payers
21 in the rightful manner.
22 END QUOTE 130829-Schorel-Hlavka to Buloke Shire Council care of Wayne Wall
23
24 More than a decade later Buloke Shire Council as a purported Law Enforcement Agency has
25 nevertheless continued its marry ways without any, at least to my knowledge, to address the
26 issues I raised.
27
28 The following image is where Mr Wayne Wall Law Enforcement Officer when cross examined
29 by me admitted that it was a fire danger:
30

31
32
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1 This is regarding the property that is across my property known as 10 Anderson Avenue
2 Berriwillock, yet he then pursued me as if my property was a real fire danger:
3

4
5
6 This even so I left the property as follows:
7

8
9
10 So, he went sneaking around the property if he could find something to pursue me to fine me
11 while totally disregarding the real fire dangers across the road.
12 He even pursued me for failing to slash the nature strip, this even so I am not a “slave” who can
13 be forced to slash for free the nature strip belonging to the council.
14
15 QUOTE 20150101-Schorel-Hlavka to Buloke Shire Council care of J Groves
16 Below I set out some matters as to how on 2 October 2013 and the following day on 3
17 October 2013 weed along Calder Highway in Buloke Shire Council was at places higher
18 than 1 metre!
19 Even if Buloke Shire Council were to argue that it had contractors which must have failed
20 to mowe/slash as was required in the end it cannot then argue against a resident who relies
21 upon a neighbour as Buloke Shire Council does on a contractor. In particular where the
22 neighbour slashed/mowed the property and so indicated it was the same as his own
23 property and he was not issued with a fire notice nor any Infringement Notice then I view

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1 Buloke Shire Council so to say went overboard to issue an Infringement Notice where
2 clearly the property had been mowed ion 2 occasions in October 2014. The same couldn’t
3 be claimed by Buloke Shire Council whereas the images below indicate the weed along
4 Calder Highway was at some places higher than 1 metre. And because this is a major
5 transport route the fire danger ALONG Calder Highway is considerable.
6 Despite that I designed the image below as to warn motorist of the fire danger when pulling
7 over onto a soft shoulder of the highway nevertheless it appears to me Buloke Shire
8 Council has done nothing to seek such a signage implemented. Regardless there are at
9 times fires along the shoulder of Calder Highway.
10 I will below also deal with the “untreated” water issue.
11
12 When I was travelling along the Calder Highway near the Nullawil sign (see photo below) this is
13 the height of the weed/grass along it. It nearly touched the lower part of the sign!

14
15
16 Photo (below) taken on 2 October 2013 just outside Berriwillock along the Calder Highway.
17 The weed/grass is level to the side mirror of my motor vehicle, that high!
18 Clearly over a metre high weed/grass!

19
20
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1 Photo (below) taken on 2 October 2013 just outside Berriwillock, along the Calder Highway.
2 Clearly over a metre high weed/grass!

3
4
5 Berriwillock property (below), at arrival on 2 October 2013. Weed a lot lower then along the
6 highway! Weed/grass is a mere about 200 mm high, a lot lower then it is at the Calder Highway!

7
8
9 Weed/Grass along Calder Highway in Shire of Buloke (Photo below)
10 Clearly over a metre high weed/grass!
11

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1
2
3 Weed/Grass along Calder Highway in Shire of Buloke (Photo below)
4 Clearly over a metre high weed/grass!
5

6
7 How my property was left after slashing the weed/grass. (Photo below)

8
9
10 The 4 pictures below are of Banyule City Council, how it seems to comply with the Fire
11 Authority Act 1958!

12
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1
2 Look at the photo below how high the weed/grass is!
3

4
5
6 Look at the photo below how the slashed weed/grass is left as a fire danger!
7

8
9 END QUOTE 20150101-Schorel-Hlavka to Buloke Shire Council care of J Groves
10

11
12
13 The image above shows the real fire danger along Calder Highway!
14
15 QUOTE 20191018-Mr G. H. Schorel-Hlavka O.W.B. to Mayor, Buloke Shire Council-Cr Carolyn Stewart-
16 Supplement 2
17 Buloke Shire Council 18-10-2019
18 Mr Wayne Wall
19 OBJECTION TO FIRE PREVENTION NOTICE (under section 41B)
20 Mobile: 0488 032 063 Email: [email protected]

21 Deputy Mayor, Cr Daryl Warren (Mount Jeffcott Ward)

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1 Mobile: 0427 194 422 Email: [email protected]

2 Cr Graeme Milne (Mount Jeffcott Ward)

3 Mobile: 0419 126 911 Email: [email protected]

4 Cr David Pollard (Lower Avoca Ward)

5 Mobile: 0458 918 638 Email: [email protected]
6 Cr John Shaw (Lower Avoca Ward)
7 Mobile: 0488 034 182 Email: [email protected]

8 Cr Ellen White (Mallee Ward)

9 Mobile: 0417 560 706 Email: [email protected]

10 Cr David Vis (Mallee Ward)

11 Mobile: 0488 032 723 Email: [email protected]

12
13 20191018-Mr G. H. Schorel-Hlavka O.W.B. to Mayor, Buloke Shire Council-Cr Carolyn Stewart-Supplement 2
14
15 Sir,
16 I today received a Fire Prevention Notice dated 14 October 2019 and it seems to me that
17 Mr Wayne Wall may act out of spite rather then to show appropriate compassion.
18 Mr Wayne Wall notified that he would do inspections in October. This must be understood then
19 to include the entire month of October.
20 Mr Anthony Judd CEO Buloke Shire Council in his 27-8-2019 communication to me indicated
21 that
22 QUOTE

23
24 END QUOTE
25 Currently I had no feedback as to this investigation.
26 END QUOTE 20191018-Mr G. H. Schorel-Hlavka O.W.B. to Mayor, Buloke Shire Council-Cr Carolyn
27 Stewart-Supplement 2
28
29 Regardless of contacting Buloke Shire Council, the Fire Brigade, etc, generally no appropriate
30 response is provided. One can file an appeal, as I did against the Notice but find absolutely no
31 response. This in my view is that those in power know they can stuff around citizens while they
32 themselves are not facing any cost regardless of their own wrongdoings.
33

34
35 Who needs a court when Buloke Shire Council now apply penalty unilaterally?
36
37 QUOTE 20190831-Mr G. H. Schorel-Hlavka O.W.B. to Mayor, Buloke Shire Council-Cr Carolyn Stewart-
38 Supplement 1
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1
2
3 Despite my various writings Mr Wayne Wall continues the nonsense of the past referring combustibles in
4 general albeit he removed the wording referring to the nature strip in the above Fire Prevention Notice.

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 Page 32

1
2
3 The Fire Prevention Notice referring (below) to naturestrip invalidates the Fire Prevention
4 Notice (See Dawson J below quoted statement about this.)
5
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1 131119-Buloke Fire notice

2
3
4 Jacobsen v Rogers [1995] HCA 6; (1995) 182 CLR 572; (1995) 69 ALJR 131; (1995) 37 ALD 321; (1995) 76 A
5 Crim R 400 (17 February 1995)

6 QUOTE

7 MASON CJ, DEANE, DAWSON, TOOHEY AND GAUDRON JJ

8 13. It is, we think, important to recognize that the Crown, being relevantly the executive branch of
9 government, carries out in modern times multifarious functions involving the use and occupation of many
10 premises and the possession of many things. It carries out those functions through servants and agents
11 who, notwithstanding that they act with the authority of the Crown, have no immunity from the
12 ordinary criminal law (15 See Bropho v. Western Australia (1990) 171 CLR at 21, 26; A. v. Hayden
13 [1984] HCA 67; (1984) 156 CLR 532 at 580-582). The Crown itself may not be subjected to criminal
14 liability, save in the most exceptional circumstances (16 See Cain v. Doyle [1946] HCA 38; (1946) 72 CLR
15 409 at 424), but those who actually occupy Crown premises or hold Crown property are in a different
16 position. There may exist on Crown premises things which, whether the property of the Crown or not, will
17 afford evidence as to the commission of an offence or which are intended to be used for the purpose of
18 committing an offence, whether he offence is one committed or to be committed by a servant or agent of the
19 Crown or someone else.”

20 END QUOTE

21 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28 (28 April 1998)
22 Dawson J pointed out in Hunter Resources Ltd v Melville when discussing the
23 statutory provision in that case: "substantial compliance with the relevant
24 statutory requirement was not possible. Either there was compliance or there
25 was not."
26
27 The reasoning of Fullagar J in Clayton v. Heffron (supra) in relation to the provisions of s 5B
28 of the Constitution Act 1902 (NSW) is material in this context:
29 "A manner and form are prescribed by section 5B, and that manner and form must be observed if a valid law
30 is to be produced. Any prescription of manner and form may be repealed or amended, but, while it stands, the
31 process prescribed by it must be followed. That was decided Trethowan's case and I think that the whole of
32 what is prescribed by section 5B relates to manner and form. It does not seem to me to be possible to say that
33 some of the requirements of the section are matters of manner and form while others are not. The section

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1 describes one entire process - a series of steps, one following on another - and only the completion of the
2 entire process can produce a valid law." (Supra at 262)
3
4 Fraus est celare fraudem. It is a fraud to conceal a fraud. 1 Vern. 270.
5
6 Where then councillors are so to say covering up for fraudulent conduct then they can in my
7 view be held legally accountable.
8
9 It should be clear that this Fire Prevention Notice is sheer and utter nonsense. Yet is as I
10 understand it is being issued every year to about 500 or so residents regardless that the Country
11 fire Authority Act doesn’t include a nature strip and excludes buildings, etc.
12 .
13 As such the sheer and utter nonsense of the Fire Prevention Notice means that a property owner
14 would have to remove all combustible items of the property. When one consider that buildings
15 are generally containing combustible items, so a motor vehicle, trees, wooden fence posts,
16 firewood, etc, then technically on basis of the Fire Prevention Notice this all must be removed
17 from the property. In my view the judgments Buloke Shire Council obtained against numerous
18 residents was nothing less then fraud. This as where the notices were issued in violation to the
19 legal provisions of the Country Fire Authority Act and yet not disclosed by the prosecuter in
20 each case then this is in my view FRAUD.
21
22 The following applies as much to Federal laws of the Commonwealth of Australia as it does to
23 federal laws in the USA; http://familyguardian.tax-
24 tactics.com/Subjects/LawAndGovt/ChallJurisdiction/AuthoritiesArticle/AuthOnJurisdiction.htm
25 QUOTE
26 37 Am Jur 2d at section 8 states, in part: "Fraud vitiates every transaction and all contracts.
27 Indeed, the principle is often stated, in broad and sweeping language, that fraud destroys
28 the validity of everything into which it enters, and that it vitiates the most solemn contracts,
29 documents, and even judgments."
30 END QUOTE
31

32
33
34 Brief of evidence to be posted on or before 9 November 2015!
35 Purported Brief was dated 25 November 2015 and as such in violation to the Court order!
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2
3

4
5
6 I stated purported Brief, this as the Brief was showing a hearing date 18 March 2013!
7

8
9 Meaning that the Brief was made before 18 March 2013 in regard of a hearing for 18 March
10 2013 even so the alleged infringement eventuated in December 2014. With images in the Brief
11 allegedly of December 2014
12 :
13 But there is more to it!
14

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1 Counsel for Buloke Shire Council submitted as evidence a chart purportedly showing locations
2 where images (photo’s) had been taken. During evidence in Chief Mr Wayne Wall confirmed
3 this and so the photo’s filed as evidence. When it was my turn to cross-examine I submitted that
4 I sought to cross-examine after the second witness Mr Morris had given evidence but that was
5 denied. MI then cross examined Mr Wayne Wall and stated: I put it to you that you are not
6 telling the truth, are you? Mr Wayne Wall then insisted he was. I then asked him to look at 2 of
7 the photo’s he had given evidence they were of my property and I pointed out that the photo’s
8 were not at all of the same house on the property. Mr Wayne Wall then conceded that indeed one
9 was not of my property. I asked him where the one not of my property was taken and his
10 response was he didn’t know. Yet these photo’s had been part of a brief previously during the
11 ex-parte hearing in the Magistrates Court of St Arnaud. When then Mr Morris was called to give
12 evidence in chief he commented that he agreed with everything Mr Wayne Wall had stated. This
13 to me underlined that Mr Wayne Wall and Mr Morris had conspired to pervert the course of
14 justice to have concocted that the photo that Mr Wayne Wall had admitted during cross
15 examination not to be of my property (then unknown to Mr Morris) was deemed to be
16 nevertheless by Mr Morris. Mr Morris in the end also conceded that one photo was not of my
17 property. Now consider that Buloke Shire Council so Counsel claimed $18,000 on litigation
18 against me and yet they couldn’t even manage to comply with legal provisions, court orders and
19 not even check the photo’s being in fact what was claimed to be. I take it very serious that 2
20 employees of Buloke Shire Council conspired to pervert the course of justice to seek to achieve a
21 conviction.
22 QUOTE Sorell v Smith (1925) Lord Dunedin in the House of Lords
23 In an action against a set person in combination, a conspiracy to injure, followed by actual injury,
24 will give good cause for action, and motive or instant where the act itself is not illegal is of the essence
25 of the conspiracy.
26 END QUOTE
27
28 Mr Wayne Wall during my cross-examination admitted that the images (reproduced above on
29 pages 7 & 8 constituted a fire danger. Mr Wayne Wall claimed that he had written to VicRoads
30 but had not followed up. I recall Mr Wayne Wall to claim during a visit to my Berriwillock
31 property that he had no legal powers to act against the Ministry of Housing. The truth is that the
32 Country Fire Authority Act specifically provide the powers for a council to have the fire danger
33 attended to at cost of the Authority responsible for it. As such Mr Wayne Wall simply didn’t
34 even know and understand the proper application of the Fire Authority Act. During cross-
35 examination he admitted that he had no legal training, etc. So Mr Wayne Wall as a By Law
36 Officer lacks any proper legal training to understand/comprehend relevant matters and yet
37 residents are recommended by Buloke Shire Council lawyers to consult Mr Wayne Wall, as they
38 advised me to do so.
39 What councillors should understand is that they have blatantly disregarded their very obligation
40 to look after the safety and interest of residents by allowing Mr Wayne Wall to so to say terrorise
41 residents with notices that are in violation of legal provisions while he blatantly ignored to
42 ensure that fire danger conditions were appropriately attended to. Considering this has gone on
43 for years on end it is well overdue councillors acted appropriately against this elaborate fraud as
44 well as avoid by this to risk their own lives and that of others as well as CFA volunteers to
45 become injured or even die due to fires as result of gross mismanagement!
46 END QUOTE 20190831-Mr G. H. Schorel-Hlavka O.W.B. to Mayor, Buloke Shire Council-Cr Carolyn
47 Stewart-Supplement 1
48
49 Again:
50 QUOTE 20190831-Mr G. H. Schorel-Hlavka O.W.B. to Mayor, Buloke Shire Council-Cr Carolyn Stewart-
51 Supplement 1
52 Mr Wayne Wall during my cross-examination admitted that the images (reproduced above on
53 pages 7 & 8 constituted a fire danger. Mr Wayne Wall claimed that he had written to VicRoads
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1 but had not followed up. I recall Mr Wayne Wall to claim during a visit to my Berriwillock
2 property that he had no legal powers to act against the Ministry of Housing. The truth is that the
3 Country Fire Authority Act specifically provide the powers for a council to have the fire danger
4 attended to at cost of the Authority responsible for it. As such Mr Wayne Wall simply didn’t
5 even know and understand the proper application of the Fire Authority Act. During cross-
6 examination he admitted that he had no legal training, etc. So Mr Wayne Wall as a By Law
7 Officer lacks any proper legal training to understand/comprehend relevant matters and yet
8 residents are recommended by Buloke Shire Council lawyers to consult Mr Wayne Wall, as they
9 advised me to do so.
10 END QUOTE 20190831-Mr G. H. Schorel-Hlavka O.W.B. to Mayor, Buloke Shire Council-Cr Carolyn
11 Stewart-Supplement 1
12
13 So, there was a clear fire danger but he never followed it up. It seems to me that with Buloke
14 Shire Council not being able to make monies from this it simply is not the least concerned as a
15 Law Enforcement Authority as to deal with real fire dangers.
16
17 Again:
18 https://constitutionwatch.com.au/fee-simple/
19 Fee Simple. - Constitution Watch
20 12 July 2022 ... What is an Estate in Fee Simple? Commonwealth v New South
21 Wales [1923] HCA 34 (1923) 33 CLR 1. (9 August 1923) .
22
23 There is an excellent article at https://constitutionwatch.com.au/fee-simple/ which also refers to
24 Commonwealth v New South Wales [1923] HCA 34; 919230 33 CLR 1 (9August 1923)
25 QUOTE
26 Fee Simple.
27 Posted onMay 10, 2022AuthorEditor
28 What is an Estate in Fee Simple?
29
30 Commonwealth v New South Wales [1923] HCA 34 (1923) 33 CLR 1
31 (9 August 1923)
32 HIGH COURT OF AUSTRALIA
33 KNOX C.J., ISAACS, HIGGINS, GAVAN DUFFY AND STARKE JJ.
34 THE COMMONWEALTH OF AUSTRALIA PLAINTIFF
35 AGAINST
36 THE STATE OF NEW SOUTH WALES AND ANOTHER DEFENDANTS
37 1920-1923: SYDNEY, Dec. 1-3, 1920; Mar. 21-29, 1922; Aug. 9, 1923 33 CLR 1
38 Extracts from Commonwealth Law Reports Volume 33 / 33 CLR 1:-
39 (1920) 33 CLR 1 at 42
40
41
42 ISAACS J. In Challis's Real Property, 3rd ed., p. 218,
43 it is stated with perfect accuracy:—
44 “In the language of the English law, the word fee signifies an estate of inheritance as distinguished
45 from a less estate; not, as in the language of the feudists, a subject of tenure as distinguished from
46 an allodium.”
47 “Allodium being wholly unknown to English law, the latter distinction would in fact have no
48 meaning.” “A fee simple is the most extensive in quantum, and the most absolute in respect to the
49 rights which it confers, of all estates known to the law.”
50 “It confers, and since the beginning of legal history it always has conferred, the lawful right to
51 exercise over, upon, and in respect to, the land, every act of ownership which can enter into

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1 the imagination, including the right to commit unlimited waste; and, for all practical
2 purposes of ownership, it differs from the absolute dominion of a chattel,
3 in nothing except the physical indestructibility of its subject.”
4 “Besides these rights of ownership, a fee simple at the present day confers an absolute
5 right, both of alienation inter vivos and of devise by will.”
6 END QUOTE
7
8 Again:
9 “including the right to commit unlimited waste”
10
11 Yet, the State of Victoria somehow seem to hold it can overrule the High Court of Australia and
12 claims that combustible items must be removed.
13
14 Residing in a leafy suburb Viewbank my wife was some years ago watering the trees and plants
15 when the neighbour called out to me that some water came over the fence. It did upset my wife
16 that this neighbour was picking on a bit of water, however she accepted to water the trees and
17 plans from a different position. I sometime later came home and discovered a foul smell and well
18 the entire paved walk path along the house was covered with what came from this neighbours
19 waste system. I noticed that Peter (not his real name) was in the back yard and asked if I could
20 come over to have a look. He agreed. Once in the yard I realized that the toilet sewerage pipe had
21 been blocked and I was given the understanding that a plumber had attended and couldn’t clear
22 the blockage and would return in a few days with special equipment to get rid of the blockage. I
23 offered to simply get a hose from my property as I had created a special fitting to the hose that
24 more than likely could clear the blockage. Peter agreed. I having collected the hose with the
25 special fitting then inserted it into the sewerage pipe and having connected it to the water tap
26 opened up the tap. Within seconds the pipe was clear from any blockage.
27 When I came back home my wife asked if I had made a complaint about what ended up on our
28 walking way but I explained that as this was really an unforeseen accident and unintended it was
29 not making any sense as to complain about it and I would simply clean the walking path. That is
30 how I view neighbours’ should work together.
31

32
33 The silo’s across my property in Berriwillock has seeds/grain etc, by the wind blown around, and
34 I recall in the past seeking Buloke Shire Council to take appropriate action against the
35 contamination of my property, after all Buloke Shire Council cannot have it to pursue me for the
36 growing of wheat on my property, where in fact the culprit is the silo property owner, I
37 understand is Buloke Shire Council. In fact they as I understand it expanded the area. As such, it
38 is my view that Buloke Shire Council should have required see through panels to be fitted along
39 the fence, this so light still can go through for the road along the fence but will prevent most of
40 the seeds, etc, to be blown onto my property.
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1 If councils can act against noise and other pollution where it disturb the rights of others then
2 surely it can likewise do so regarding the silo property owner. It would not be that there are
3 undue restrictions as to the FEE SIMPLE rights of the silo property owner but rather that by it
4 violating my FEE SIMPLE rights to cause uncalled wheat and other growth on my property then
5 it is to be deemed an offence against my rights.
6 Yet, for more than a decades instead of Buloke Shire Council seeking to resolve the issues
7 appropriately, all it seems to do is to harass me with litigation and claiming to fine me, this even
8 so due to the separation of powers it has no legal position to fine anyone. At most it can
9 recommend to a competent court of jurisdiction to apply a fine if the court holds this legally
10 justified.
11 The real culprit is and has been the grain silo property owner(s) and if Buloke Shire Council
12 actually had wanting to resolve matters it in my view could have done so long ago. However, it
13 appears to me Buloke Shire Council seems to be more interested to extort monies from property
14 owners and not the least concerned of itself engaging unlawfully.
15
16 This was also in my view proven when the lawyers for Buloke Shire Council violated the County
17 Court order to provide me a Brief when they instead provided an alleged brief of 2013. Then
18 they failed totally to prove to the Court it had jurisdiction as I objected to the jurisdiction of the
19 court, and subsequently in my view Counsel for Buloke Shire Council then made deceptive
20 statements to the court while he was at the bar table and had the witness to give evidence about
21 images which he knew or should have known were not at all as he claimed.
22 The first witness then went about at least in my view, to commit perjury when giving evidence
23 until I exposed it during cross examination and the second witness appeared to me to indicate
24 that he had colluded with the first witness as to get their evidence to be the same albeit the first
25 witness had changed some of his evidence that was unbeknown to the second witness.
26
27 Not uncommon a friend I will refer to as Frank (not his real name) would so to say jump in to
28 slash the property, but in 2023 I understood he was overseas and well I didn’t expect him to be
29 back to slash the property in time as to avoid further possible problems with Buloke Shire
30 Council problems and was able to ask an old friend if she and her adult son would be able to do
31 the slashing. Her sons ride-on mower was broken down, so I was informed, and so I paid for the
32 repairs and subsequently they made an about 180 kilometres round trip to slash the property. I
33 later asked them to attend to the property again, and spray the entire property. I had never before
34 sprayed the entire property but was aware that other property owners did so on their land and
35 well it seems to be avoiding problems. Just that unbeknown to me Buloke Shire Council issued
36 an Infringement Notice and when that wasn’t paid as I again was unaware of it, (not seeking to
37 concede I would have paid even if I had been aware of it) I then received a demand, etc.
38 However, as set out extensively above I do not accept that there was any validity of any notice to
39 be issues regarding the FEE SIMPLE property and neither that Buloke Shire Council can be a
40 corporation as well as some alleged “local government” in violation to the true meaning and
41 application of the Commonwealth of Australia Constitution Act 1900 (UK) and at the same
42 time can be a “Law Enforcement Agency” while blatantly disregarding law enforcement where it
43 doesn’t appear to suit itself, etc, and issues fines.
44 In my view if there were any cost to be incurred, including my cost to have others slashing the
45 property and spraying it, then this should be on account of the Silo property owner as after all
46 they are the real culprit to cause the growth on my property in violation of my rights, etc.
47 If I were to cause harm to a neighbouring property and well aware of it and nevertheless continue
48 for more than a decades to so then surely I would be facing the legal consequences. Hence, I
49 view that Buloke Shire Council even without any issue of law enforcement itself should have
50 taken reasonable action to prevent this ongoing problem to continue.
51
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1 I understood from Mr Wayne Wall that he as a council officer can access any property at will,
2 well I do not accept this sheer and utter nonsense. My ENTRY PROHIBITED signs I posted on
3 the property are at times removed as if then council employees can pretend not to be aware of it,
4 even so in my writings I copied the sign.
5 Actually not uncommon I finds that soft shoulder area’s in Buloke Shire Council are shown
6 having been subject to a fire. Meaning, that the so called Law Enforcement Agency is rather the
7 one failing to address real fire dangers.
8
9 Reality is that even if Buloke Shire Council had been acting in a sincere manner (not that I
10 concede it has been doing so) then it still be limited in what it can do or not do, regardless what
11 the Victorian Parliament have legislated for. This, because as I did set out in my 4 November
12 2023 correspondence:
13
14 It is very important that citizens do not cave into the terrorism of any council. Hold
15 them legally accountable. Perhaps this document may provide an insight how to do
16 so.
17 You can download the document from:
18 https://www.scribd.com/document/682156215/20231104-Mr-G-H-Schorel-Hlavka-O-W-
19 B-to-Lawyers-Molly-Metcalf-Becklegal-Supplement-2
20
21 On 29 November 2023 Banyule City Council officers trespassed upon our property and
22 unbeknown who was banging on the backdoor she urged me to attend because she feared
23 someone was trying to break into our house. I went outside in the backyard and located 2 persons
24 in the backyard and one gave me the understanding they had climbed over a fence we share with
25 a neighbour as to get onto our property. My wife being a heart patient, and actually she checked
26 her heart rate (as requested by her GP to do so regularly) her heart rate increased from about 72
27 to 122. That may indicate this could have caused her to lose her life. As result of this incident my
28 wife lost the ability to walk on her own and now uses a wheelchair. I understand from her
29 cardiologist that he advised that a test done in December 2023 indicated her heart pumps a mere
30 30% and both valves are leaking, and medically there is nothing that can be done for her as she is
31 too weak for an operation and all that possible can be done is to tweak with her medication.
32 Important is that those council officers also seemed to place themselves above the rule of law
33 and disregard the entry prohibited signage and without any WARRANT simply enter the
34 property time and time again placing in the process my wife’s life in danger and this even so
35 they are well aware of my wife being a heart patient. This prevented me to travel recently to
36 Berriwillock as now my wife requires my daily attendance.
37
38 As shown above, Buloke Shire Council on 6 February 2024 went back to the property and well
39 grass and weed do grow since it was slashed in November, and there is no way any absent
40 property owner can have a property slashed so to say on a daily basis when Buloke Shire Council
41 itself cannot even do so on a yearly basis of properties under its control. With the harm that was
42 inflicted upon my wife that she now is wheelchair bound it would be irresponsible for me to be
43 away for a few days just to check if there had been some growth neither do I view this is a
44 sensible requirement also because of the FEE SIMPLE rights. Here we have that shire councils
45 have their garbage tips put on fire and let it unsupervised burning throughout the night with the
46 risk that sparks could cause a major fire and get out of control into townships. Indeed, in 1991 I
47 alerted the Ultima Fire Brigade that I saw a major fired (during the night) and it turn out they had
48 put the garbage tip on fire as I understand since they do often and well I ended up copping it for
49 daring to report a fire. When the next door property residence was demolished the local fire
50 brigade attended while the timber was being burned and then they left. However, during the
51 night I discovered a grass fire coming to my residence, and having 5 children asleep this
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1 obviously was a danger and so I spend the night extinguishing the fire. It turned out that there
2 had been a cellar under the house and the fire in the cellar had continued to burn. I also
3 witnessed that at Sea Lake the garbage tip would be set on fire by council workers and they
4 would then use a bulldozer to move the cardboard boxes onto the fire also. So much for
5 recycling!
6
7 While most people in Australia have the perception that “compulsory” voting is enforceable, I
8 however proved in both appeals that it is not. Yet, despite that then Attorney-General for
9 Victoria made known to accept the court’s decision nevertheless I understand that Buloke Shire
10 Council as like other councils are fining electors for FAILING TO VOTE even so they are not
11 constitutionally required to vote if they do not desire to do so. This then questions what kind of
12 Law Enforcement Agency is there when it fines people for FAILING TO VOTE in violation to
13 their constitutional rights? The same with the State and Federal Electoral Commissions.
14 In my view it is time there is a Royal Commission in the entire sordid affair as to properly
15 investigate what is or isn’t applicable and deal with the ongoing terrorism by councils and others
16 upon citizens. After all, where we do not have constitutionally valid commissioned judges then
17 HOUSTON WE HAVE A PROBLEM! I do not accept that the State can force me to select to
18 go to court as a way to try to circumvent my constitutional and other legal rights. As I indicated
19 Carmody J never invoked jurisdiction and so it was no more than some sham hearing without
20 any legal validity.
21
22 The following legal principle applies as much to the Commonwealth of Australia as it does to the
23 USA.
24
25 Scheuer v Thodes, 416 US 232 94S Ct 1683, 1687 (1974) states:
26 “when a state officer (which includes Judges) acts under a state law in a manner violative
27 of the US Constitution, he comes into conflict with the superior authority of that
28 Constitution, and he is in that case stripped of his official or representative character and is
29 subjected in his person to the consequences of his individual conduct.
30 The State has no power to impart to him any immunity from responsibility to the supreme
31 authority of the United States”.
32
33 Again:
34 he is in that case stripped of his official or representative character
35
36 Meaning, the judge simply no longer is a judge of the court but a mere individual without
37 judicial powers the moment he/she violates the constitution, which in this case is the
38 Commonwealth of Australia Constitution Act 1900 (UK). This also applied to the judges in Sue
39 v Hill and any other judge who support that decision because the judges of the High Court of
40 Australia cannot legislate from the bench let alone purportedly amend the Commonwealth of
41 Australia Constitution Act 1900 (UK) by backdoor manner somehow claiming that the
42 Commonwealth of Australia was an independent country, etc.
43
44 Hansard 17-3-1898 Constitution Convention Debates
45 QUOTE Mr. BARTON.-
46 Providing, as this Constitution does, for a free people to elect a free Parliament-giving that
47 people through their Parliament the power of the purse-laying at their mercy from day to
48 day the existence of any Ministry which dares by corruption, or drifts through ignorance
49 into, the commission of any act which is unfavorable to the people having this security, it
50 must in its very essence be a free Constitution. Whatever any one may say to the contrary
51 that is secured in the very way in which the freedom of the British Constitution is secured.
52 It is secured by vesting in the people, through their representatives, the power of the purse,
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1 and I venture [start page 2477] to say there is no other way of securing absolute freedom to
2 a people than that, unless you make a different kind of Executive than that which we
3 contemplate, and then overload your Constitution with legislative provisions to protect the
4 citizen from interference. Under this Constitution he is saved from every kind of
5 interference. Under this Constitution he has his voice not only in the, daily
6 government of the country, but in the daily determination of the question of whom is
7 the Government to consist. There is the guarantee of freedom in this Constitution.
8 There is the guarantee which none of us have sought to remove, but every one has
9 sought to strengthen. How we or our work can be accused of not providing for the
10 popular liberty is something which I hope the critics will now venture to explain, and
11 I think I have made their work difficult for them. Having provided in that way for a
12 free Constitution, we have provided for an Executive which is charged with the duty
13 of maintaining the provisions of that Constitution; and, therefore, it can only act as
14 the agents of the people. We have provided for a Judiciary, which will determine
15 questions arising under this Constitution, and with all other questions which should
16 be dealt with by a Federal Judiciary and it will also be a High Court of Appeal for all
17 courts in the states that choose to resort to it. In doing these things, have we not
18 provided, first, that our Constitution shall be free: next, that its government shall be by the
19 will of the people, which is the just result of their freedom: thirdly, that the Constitution
20 shall not, nor shall any of its provisions, be twisted or perverted, inasmuch as a court
21 appointed by their own Executive, but acting independently, is to decide what is a
22 perversion of its provisions? We can have every faith in the constitution of that tribunal. It
23 is appointed as the arbiter of the Constitution. It is appointed not to be above the
24 Constitution, for no citizen is above it, but under it; but it is appointed for the purpose
25 of saying that those who are the instruments of the Constitution-the Government and
26 the Parliament of the day-shall not become the masters of those whom, as to the
27 Constitution, they are bound to serve. What I mean is this: That if you, after making
28 a Constitution of this kind, enable any Government or any Parliament to twist or
29 infringe its provisions, then by slow degrees you may have that Constitution-if not
30 altered in terms-so whittled away in operation that the guarantees of freedom which it
31 gives your people will not be maintained; and so, in the highest sense, the court you
32 are creating here, which is to be the final interpreter of that Constitution, will be such
33 a tribunal as will preserve the popular liberty in all these regards, and will prevent,
34 under any pretext of constitutional action, the Commonwealth from dominating the
35 states, or the states from usurping the sphere of the Commonwealth. Having provided
36 for all these things, I think this Convention has done well.
37 END QUOTE
38
39 Hansard 2-3-1898 Constitution Convention Debates
40 QUOTE
41 Mr. SYMON ( South Australia ).-
42 In the preamble honorable members will find that what we desire to do is to unite in one
43 indissoluble Federal Commonwealth -that is the political Union-"under the Crown of the
44 United Kingdom of Great Britain and Ireland , and under the Constitution hereby
45 established." Honorable members will therefore see that the application of the word
46 Commonwealth is to the political Union which is sought to be established. It is not
47 intended there to have any relation whatever to the name of the country or nation which we
48 are going to create under that Union . The second part of the preamble goes on to say that it
49 is expedient to make provision for the admission of other colonies into the Commonwealth.
50 That is, for admission into this political Union, which is not a republic, which is not to
51 be called a dominion, kingdom, or empire, but is to be a Union by the name of
52 "Commonwealth," and I do not propose to interfere with that in the slightest degree.
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1 END QUOTE
2
3 On 4 December 2002 I appeared before the Magistrates Court of Victoria at Heidelberg in AEC
4 v Schorel-Hlavka and I had filed a NOTICE OF CONSTITUTIONAL MATTER and had served
5 it also upon all 9 Attorney-Generals. I understood that Council for the Commonwealth made
6 known that to her knowledge no one ever had challenged the constitutional issues as I had raised
7 in the NOTICE OF CONSTITUTIONAL MATTER and agre4ed that the NOTICE OF
8 CONSTITUTIONAL MATTER was to be heard and determined by the High Court of Australia.
9 While the matters were part of the 2 successful appeals the High Court of Australia while aware
10 of the order after more than 21 years nevertheless has not dealt with the matter, this in my view,
11 because it simply cannot hear the matter due to implied bias. This, because the judges would
12 have to determine their own eligibility to be judges for allegedly holding “Australian citizenship”
13 as a nationality even so no such country as the Commonwealth of Australia does and can exist
14 because it is no more but a “political union”. Therefore, without duly qualified judges my
15 successful appeals remains as is and this also because lawyers have been required to be
16 “Australian citizens” as a “nationality” for being permitted to be admitted to the Bar of a non-
17 existing country that is actually a “political union”. You do not hear people in Europe claiming
18 their nationality is “European Union” neither that they come from a country called “European
19 Union”. They call themselves Dutch, Italians, French, etc, to identify the country they were born
20 in or naturalized to.
21
22 HANSARD 2-3-1898 Constitution Convention Debates
23 QUOTE
24 Mr. BARTON.-I did not say that. I say that our real status is as subjects, and that
25 we are all alike subjects of the British Crown.
26 END QUOTE
27
28 Hansard 2-3-1898 Constitution Convention Debates
29 QUOTE Mr. BARTON.
30 If we are going to give the Federal Parliament power to legislate as it pleases with
31 regard to Commonwealth citizenship, not having defined it, we may be enabling the
32 Parliament to pass legislation that would really defeat all the principles inserted
33 elsewhere in the Constitution, and, in fact, to play ducks and drakes with it. That is
34 not what is meant by the term "Trust the Federal Parliament."
35 END QUOTE
36
37 Hansard 2-3-1898 Constitution Convention Debates
38 QUOTE
39 Mr. SYMON.-Very likely not. What I want to know is, if there is anybody who will
40 come under the operation of the law, so as to be a citizen of the Commonwealth, who
41 would not also be entitled to be a citizen of the state? There ought to be no opportunity for
42 such discrimination as would allow a section of a state to remain outside the pale of the
43 Commonwealth, except with regard to legislation as to aliens. Dual citizenship exists, but it
44 is not dual citizenship of persons, it is dual citizenship in each person. There may be two
45 men-Jones and Smith-in one state, both of whom are citizens of the state, but one only
46 is a citizen of the Commonwealth. That would not be the dual citizenship meant.
47 What is meant is a dual citizenship in Mr. Trenwith and myself. That is to say, I am a
48 citizen of the state and I am also a citizen of the Commonwealth; that is the dual
49 citizenship. That does not affect the operation of this clause at all. But if we introduce this
50 clause, it is open to the whole of the powerful criticism of Mr. O'Connor and those who say
51 that it is putting on the face of the Constitution an unnecessary provision, and one which
52 we do not expect will be exercised adversely or improperly, and, therefore, it is much
53 better to be left out. Let us, in dealing with this question, be as careful as we possibly, can
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1 that we do not qualify the citizenship of this Commonwealth in any way or exclude
2 anybody [start page 1764] from it, and let us do that with precision and clearness. As a
3 citizen of a state I claim the right to be a citizen of the Commonwealth. I do not want
4 to place in the hands of the Commonwealth Parliament, however much I may be
5 prepared to trust it, the right of depriving me of citizenship. I put this only as an
6 argument, because no one would anticipate such a thing, but the Commonwealth
7 Parliament might say that nobody possessed of less than £1,000 a year should be a citizen
8 of the Federation. You are putting that power in the hands of Parliament.
9 Mr. HIGGINS.-Why not?
10 Mr. SYMON.-I would not put such a power in the hands of any Parliament. We must
11 rest this Constitution on a foundation that we understand, and we mean that every
12 citizen of a state shall be a citizen of the Commonwealth, and that the Commonwealth
13 shall have no right to withdraw, qualify, or restrict those rights of citizenship, except
14 with regard to one particular set of people who are subject to disabilities, as aliens, and so
15 on.
16 END QUOTE
17
18 Hansard 2-3-1898 Constitution Convention Debates
19 QUOTE
20 Mr. SYMON.-The honorable and learned member is now dealing with another matter.
21 Would not the provision which is now before us confer upon the Federal Parliament the
22 power to take away a portion of this dual citizenship, with which the honorable and
23 learned member (Dr. Quick) has so eloquently dealt? If that is the case, what this
24 Convention is asked to do is to hand over to the Federal Parliament the power, whether
25 exercised or not, of taking away from us that citizenship in the Commonwealth which we
26 acquire by joining the Union. I am not going to put that in the power of any one, and if it is
27 put in the power of the Federal Parliament, then I should feel that it was a very serious blot
28 on the Constitution, and a very strong reason why it should not be accepted. It is not a
29 lawyers' question; it is a question of whether any one of British blood who is entitled to
30 become a citizen of the Commonwealth is to run the risk-it may be a small risk-of
31 having that taken away or diminished by the Federal Parliament! When we declare-
32 "Trust the Parliament," I am willing to do it in everything which concerns the working out
33 of this Constitution, but I am not prepared to trust the Federal Parliament or anybody to
34 take away that which is a leading inducement for joining the Union.
35 END QUOTE
36
37 Hansard 8-3-1898 Constitution Convention Debates
38 QUOTE
39 Sir JOHN DOWNER.-Now it is coming out. The Constitution is made for the people and
40 the states on terms that are just to both.
41 Mr. DEAKIN.-It is made for the lawyers under this clause.
42 Sir JOHN DOWNER.-I do not think so. If you say "Trust the Parliament," no
43 Constitution is required at all; it can simply be provided that a certain number of gentlemen
44 shall be elected, and meet together, and, without limitation, do what they like. Victoria
45 would not agree to that. But there is a desire to draw the very life-blood of the
46 Constitution, so far as the states are concerned, by this insidious amendment, which would
47 give the Houses authority from time to time to put different constructions on this most
48 important part of the Constitution. I hope we will do as we have done in many instances
49 before, in matters that have been much debated-adhere to the decision we have already
50 arrived at.
51 END QUOTE
52
53 Hansard 8-3-1898 Constitution Convention Debates
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 Page 45

1 QUOTE Sir JOHN DOWNER.-

2 No one is more in favour of that than I am. But, at the same time, it is said-"Let the Houses
3 of Parliament act capriciously and variously from day to day-allow this 'tacking' to go on if
4 the Houses choose to agree to it-let the Houses do one thing one day and another the next,
5 and do not bother about altering the Constitution, but trust the Parliament." Of course; but
6 Parliament must only be trusted when it is within the Constitution. The Senate of to-
7 day and the House of Representatives must not be put in a position superior to the
8 Constitution.
9 END QUOTE
10
11 Farmers, growers, etc, who need to employ people to work for them ought to be the in the best
12 position what is a fair wages for work performed. Wrecking their business isn’t going to employ
13 anyone.
14 .
15 HANSARD 27-1-1898 Constitution Convention Debates
16 QUOTE Mr. SYMON.-
17 The relations between the parties are determined by the contract in the place where it
18 occurs.
19 END QUOTE
20 And
21 HANSARD 27-1-1898 Constitution Convention Debates
22 QUOTE Sir EDWARD BRADDON (Tasmania).-
23 We have heard to-day something about the fixing of a rate of wage by the federal
24 authority. That would be an absolute impossibility in the different states.
25 END QUOTE
26 And
27 HANSARD 27-1-1898 Constitution Convention Debates
28 QUOTE
29 Mr. BARTON: If they arise in a particular State they must be determined by the
30 laws of the place where the contract was made.
31 END QUOTE
32 And
33 HANSARD 27-1-1898 Constitution Convention Debates
34 QUOTE
35 Mr. BARTON.-We do not propose to hand over contracts and civil rights to the
36 Federation, and they are intimately allied to this question.
37 END QUOTE
38
39 I understand that Higgins J simply (albeit unconstitutionally) implemented minimum wages and
40 well from then on it remained. What is constitutionally appropriate seems to be ignored.
41
42 While the Victorian Letters Patent provided for the Governor to appo0int Ministers to act on
43 his/her behalf we now seem to have that the State of Victoria has outsourced the Titles Office
44 and by a private corporation could simply strip ownership[ of Title from everyone and say hand
45 it over to W.E.F. (World Economic Forum). This unconstitutional conduct underlines even more
46 that we have to reclaim our constitutional rights.
47
48 Let us not forget the elaborate covid scam that not just devastated the business of many but more
49 over destroyed the health and wellbeing of the many, including many dying!
50
51 https://www.lifesitenews.com/opinion/new-film-epidemic-of-fraud-exposes-massive-
52 covid-corruption/?utm_source=daily-world-2024-03-19&utm_medium=email
53 New film ‘Epidemic of Fraud’ exposes massive COVID corruption
54
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 Page 46

1 ‘Epidemic of Fraud’ exposes the suppression of hydroxychloroquine, a potential

2 solution to the COVID crisis, orchestrated by government entities including the FDA.
3
4 As councils really are corporations then councillors are more like ‘directors’ and should be held
5 liable for any harm they presided over to residents.
6 No one can be forced to join some corporation, neither has the corporation any powers to dictate
7 their rules against those who are not wanting to be part of this corporation as a member.
8 Yet, we have councils enforcing “child hood vaccinations” in their council health centres
9 regardless that many of those “man-kind” diseases fall outside the State’s legislative, executive
10 and administrative powers.
11
12 What we therefore witness is that councils like Buloke Shire Council portray to be a Law
13 Enforcement Agency but thumb their noses upon the constitutional rights of residents. By this
14 many children may have ended up with all kinds of illnesses like AUTISM due to the over use
15 of so called vaccinations. In my view it is time to sue the pants of every councillor who went
16 along with this barbaric conduct.
17
18 No one can deny that for more than a decade I pursued to resolve matters through
19 communication but it should be very obvious that Buloke Shire Council has been blatant
20 ignorant to avoid escalation and I am therefore left no choice but to force Buloke Shire Council
21 to prove in a competent court of jurisdiction (that is if it can find one) that it is entitled to what it
22 claims, as I for one do not accept this.
23 Buloke Shire Council charging about $400 for garbage collection when none have been collected
24 clearly underlines that it cannot charge for something merely because it desire to do so.
25 This is not some “service” and if it was, then why is no G.S.T. applied (not that I seek to concede
26 the G.S.T. is constitutionally valid?
27 The mere fact that the ATO made some deal with the Shire of Melton cannot and doesn’t
28 override the constitution. Neither can a mere court order override the legal principles embedded
29 in the constitution. A proper reading of the creation of the constitution and various judgments it
30 shows that the Commonwealth should not tax States regarding its governance as a body politics
31 but that the purchase of say railway tracks is a different issue and therefore can be subjected to
32 import duties and customs fees.
33
34 During the 1999 Victoria State election as a candidate in the State political election there were
35 farmers, growers, etc, who indicated their resentment having to pay taxes mover the dams they
36 had filled with water. Reality is that the Framers of the Constitution made clear that water that
37 falls on a property is and remains the property owner until the water leaves the property. In my
38 view any water taxation is therefore defying the rights of farmers, growers, etc.
39 Moreover, we seem to have the Federal Government involved in water purchases, etc. The
40 Framers of the constitution made it abundantly clear that the Commonwealth powers was
41 restricted within Section 100 of the constitution and further any water disputes between the
42 States was an issue for the High Court of Australia to deal with. Considering that mining
43 corporations may draw water from the artesian basins deep under the land then as this flows
44 under various states/territories it would be an issue for the High Court of Australia to deal with
45 and no State/Territory on its own may authorise some miner to draw an abundance of water from
46 underground artesian basin
47
48 https://en.wikipedia.org/wiki/Great_Artesian_Basin
49 QUOTE
50 Great Artesian Basin
51 Large Artesian aquifer in Australia
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1
2 Overview
3 Summary
4 The Great Artesian Basin (GAB), located in Australia, is the largest and deepest artesian
5 basin in the world, stretching over 1,700,000 square kilometres (660,000 sq mi), with
6 measured water temperatures ranging from 30 to 100 °C (86 to 212 °F). The basin provides
7 the only source of fresh water through much of inland Australia.
8 END QUOTE
9
10 I in 1999 had been campaigning in the seat of Swan Hill and interested in the artesian basin
11 issue, that is from a constitutional point of view and my friend Jaraslav Hlavka MIE Aust CP
12 ENG was very much having this artesian basin as a pet project. It may not make me an expert in
13 water issues, and neither do I claim to be so, but assisted me to grasp issues regarding farmers,
14 growers, etc and their plight.
15
16 Commonwealth of Australia Constitution Act 1900 (UK)
17
18 101 Inter-State Commission
19 There shall be an Inter-State Commission, with such powers of
20 adjudication and administration as the Parliament deems necessary
21 for the execution and maintenance, within the Commonwealth, of
22 the provisions of this Constitution relating to trade and commerce,
23 and of all laws made thereunder.
24
25 It should be noted the wording “there shall be” which is mandatory!
26
27 The Framers of the Constitution made clear that while the Federal government had to apply laws
28 in a ‘UNIFORM” manner, albeit on a sliding scale, they also recognised that the Inter-State
29 Commission being a non-political entity (the 4th branch of government) would make its decisions
30 based upon its technical expertise. It therefore was not bound by “UNIFORM” application but
31 could apply its decisions upon what it held in the circumstances was fair and proper for each
32 State/Territory concerned. Obviously, the real answer would be the Section 101 Inter-State
33 Commission who then with its experts could determine the entitlement of each state/territory
34 and to cap the rights to draw water from the artesian basin for mining and other purposes.
35 However, politicians rather are pork barrelling and so ignore the existence of the Inter-State
36 Commission, regardless of the term “There shall be”.
37 Hansard 8-2-1898 Constitution Convention Debates
38 QUOTE
39 Mr. OCONNOR.-No, it would not; and, as an honorable member reminds me, there is a decision on
40 the point. All that is intended is that there shall be some process of law by which the parties accused must
41 be heard.
42 Mr. HIGGINS.-Both sides heard.
43 Mr. OCONNOR.-Yes; and the process of law within that principle may be [start page 689] anything the
44 state thinks fit. This provision simply assures that there shall be some form by which a person accused will

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1 have an opportunity of stating his case before being deprived of his liberty. Is not that a first principle in
2 criminal law now? I cannot understand any one objecting to this proposal.
3 END QUOTE
4
5 Yet, we seem to have this Law Enforcement Officer who I understood not even properly trained
6 somehow unilaterally decide to fine someone to fine someone irrespective of the relevant
7 circumstances and by this terrorise the person to be able to pursue cost, etc. Yet, at the same time
8 blindlessly drive past real fire dangers because it may not enable the council to get monies from
9 it.
10

11
12 It shows that “Buloke Shire Council” and not “Buloke Shire” is the “Law Enforcement Agency”
13 and this then also places in question if “Buloke Shire” staff can be “Law Enforcement Officers”
14 rather than the councillors themselves! After all there is a difference as to whom are “council”
15 versus those employed by “Buloke Shire”! No matter what the Victorian Parliament may have
16 purportedly legislated for, it cannot violate the separation of powers legal principle, and as such
17 Buloke Shire Council cannot be a council that can issue an Infringement Penalty. At most it
18 could petition a court to apply upon conviction a penalty, but it cannot itself issue a penalty. As
19 such, the purported penalty notice has no legal basis for this also!
20
21 This document may be for many extensive but if I had to incorporate numerous quotations of the
22 Framers of the Constitution then it may result to thousands of pages. As such, this document is
23 merely a small part of what is applicable.
24

25
26
27 We need to return to the organics and legal principles embed in of our federal
28 constitution!
29
30 This correspondence is not intended and neither must be perceived to state all issues/details.
31 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

32 MAY JUSTICE ALWAYS PREVAIL®

33 (Our name is our motto!)
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