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Mr Wayne Wall, Municipal Fire Prevention Officer

buloke@buloke.vic.gov.au
Cc:

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19-12-2015

Buloke Shire Council (Councillors) buloke@buloke.vic.gov.au

Daniel Andrews Premier Victoria daniel.andrews@parliament.vic.gov.au
Mr Martin Pakula, martin.pakula@parliament.vic.gov.au & attorney-general@justice.vic.gov.au
Elliott Stafford and Associated lawyers@elliottstafford.com.au
Ref; 20151219-Schorel-Hlavka O.W.B. to Mr Wayne Wall - Re APPEAL-15-2502 -Re legislative enforcement powers-etc

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Wayne,
I urge you to consider a proper training course for yourself and/or get involved in firefighting with
the CFA so you may gain some knowledge and understanding what your duties and obligations are as a
Municipal Fire Protection Officer.
For example you demand in the numerous Fire Protection Notices that certain growth must not be more
than 100mm (Regardless along the highway it is at time higher than 1500 mm.) but there is to my
understanding no legislative provision for you to demand growth to be kept to 100 mm of land holders.
It is essentially a provision you have implemented to micromanage private property while disregarding
the same on public properties and not within the provisions of the Country Fire Authority Act 1958 (Vic)

You legal advisers (if they can understand and comprehend legal provisions that is appropriately)
may like to read up on Garcia v New York Health Departnet (http://thefullertoninformer.com/newyork-court-issued-a-decision-today-that-overtured-a-mandate-that-had-required-all-children-age-6-monthsthrough-59-months-to-be-forcibly-vaccinated/) in which the Court sets out that an administrative body

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cannot assume legislative powers, which in effect you appeared to have by violating the
provisions of the Country Fire Authority Act 1958 (Vic) by demanding that all combustible remove
material from property whereas the Act (s41) itself exclude certain items. Also where is the evidence that
a growth at 100mm or lower is any protection against fire danger and indeed so provided for by the
legislature? It appears to me that you and perhaps also other Municipal Fire Prevention Officers also, have
exceeded the delegated powers provided for by the Parliament and simply uses it as your personal power
base top dictate whatever you may deem suitable to yourself. As the Court in the above mentioned case
made clear that where a provision is Ab Initio from onset than any other legal arguments must fail. Any
invalid Fire Protection Notice cannot be in legal terms amended as if the Fire Prevention Notice was
invalid (a nullity) Ab Initio then a later purported amendment cannot overcome this invalidity in law.

In my view your overall conduct may amount to place communities as well as motor vehicle and
other traffic as well as CFA firefighters at undue and unnecessary risk where you seek so to say
micro manage private properties and act negligee/derelict of your duties to ensure that fire danger
is as much as possible kept to a minimum. Obviously the question also will be under what legal
authority can Buloke Shire Council demand payments to itself (regarding purported Infringement
Notices) regarding alleged enforcement of State legislation! I have currently an elaborate FOI
request outstanding regarding this and other issues.
I look forwards to your positive reply!
This document is not intended and neither must be perceived to refer to all details/issues.

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MAY JUSTICE ALWAYS PREVAIL

(Our name is our motto!)
Awaiting your response,

G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)

p1
19-12-2015
Mr G. H. Schorel-Hlavka O.W.B.
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