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20161017-G. H. Schorel-Hlavka O.W.B. To The Secretary Environment and Planning Committee
20161017-G. H. Schorel-Hlavka O.W.B. To The Secretary Environment and Planning Committee
20161017-G. H. Schorel-Hlavka O.W.B. To The Secretary Environment and Planning Committee
17-10-2016
The Secretary
Environment and Planning Committee
Parliament House, Spring Street
EAST MELBOURNE VIC 3002
Phone: 03 8682 2869
Email: epc@parliament.vic.gov.au
SUBMISSION
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Re: 20161017-G. H. Schorel-Hlavka O.W.B. to The Secretary Environment and Planning Committee
Sir/Madam,
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I only minutes ago was alerted that there is an inquiry and I like to participate in it.
Recently I had completed a legal battle against Buloke Shire Council regarding an Infringement
Notice which on appeal was set aside.
In my view there is no such thing as being prepared for a fire season despite elaborate meetings,
where as I proved with photos and admitted by the Municipal fire prevention Officer that
weed/grass along the Calder Highway up to about 1 metres high was a fire danger. Yet it was
never cut!
I will quote below 2 emails of recent to indicate some further problems and view that the failure
to fine Government departments/councils means the real fire danger is going un and councils
merely are using the Country Fire Authority Act 1958 as a way to make monies (using
infringement notices) rather than to ensure to deal appropriately with real fire dangers.
QUOTE 10 October 2016 correspondence
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10 Oct at 6:12 PM
buloke@buloke.vic.gov.au
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G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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Message body
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Mr Wayne Wall,
The previous email was incorrect a draft and below with corrections.
I received the notification that inspections would be held in September, and with all kinds of
delays I made it to Berriwillock, finding part of the property soaked by water. Along the Calder
Highway weed/grass as much as 1 1/2 metres high and roads flooded, and over radio 107.7 it was
advised that due to the rain council inspections (being those of Swan Hill) were suspended.
This morning my brush cutter seized up and I at Bunnings Swan Hill was advised that the brush
cutters were all withdrawn from sale, due to someone having cut his foot off, or something like
that.
As I noticed that Buloke Shire Council instead of cutting has been spraying something like
Round Up (weed killer) around the white posts along the highway I decided that I might do the
same and so purchased something like Round Up (at Swan Hill Chemical store). This as because
of the wet weather cutting the grass/weed is beyond the ability of the brush cutter (hence it seized
up) and so I might also get rid of some cactuses .
My son Richards was formally advised by the Parole Board that his application is being dealt
with. I have supported his application for him to move back to the Berriwillock property. Also
one of my daughters may possible with her 4 children move back to the Berriwillock property
and so I have already taken along goods for appropriate renovations as well as need the area
cleared for the kids.
It is my view that you ought to have notified absentee landholders that due to the weather
conditions the planned September inspections couldnt go ahead, but may be done at a later to be
announced date. I view you needed to show a responsible conduct so absentee landholders would
have been aware that there can be no fire danger period at the moment where even the road from
Berriwillock is flooded. I had to drive through a flooded road area to be able to get to Swan Hill!
.
I urge you to in future consider weather forecast and to timely advise absentee landholders about
any change in inspections. VicRoads failure to slash. . The issue is that the Country Fire
Authority Act 1958 gives you the power to have the weed/grass along the highway slashed where
VicRoads fail to do so, at its cost. It is silly to argue about what might be in my yard some 80
metres from the (less used) highway while leaving a fire danger right along the Calder Highway.
Also, if VicRoads is only responsible for the road and so its soft shoulder then is Buloke Shire
Council then responsible for the weed/grass between the soft should of the road and the nearest
private land fence? Obviously this area also must be cleared.
I noticed that the dead branches along the Calder Highway of which I produced photos are still
in 2016 there. It means no one bothers to clean them up.
I also noticed that someone with a chain saw has been on my property cutting of the top of some
trees, even so they are in the front of the yard and not near any power lines, as well as one some
20 odd metres in the middle of my yard where they cut all branches that only a stump of about 1
metres high is left.
While Buloke Shire Council charges me about $360 a year for garbage collection, where none is
collected, I have not received any free passes so as to dump items on Berriwillock tip. It is of
concern to me that Buloke Shire Council neglects to assist as after all charging about $360 a year
without any service is hardly fair or reasonable but more an eye gauging conduct.
p2
17-10-2016
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
3
My neighbour Jeff has been slashing so far twice the property, but obviously cannot do it where
the cactuses are and with the brush cutter out I am left to poison the grass/weed so I might in a
few weeks be able to use a ordinary whipper snipper, as then it will be dry.
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With numerous properties still flooded and still raining at times it ought to be obvious there is no
fire danger and any September inspections would have been senseless. it has however as I
understand it caused some absentee landholders to be off guard as they relied upon your advise
of September inspections and now may find that due to the rain they early slashing was a sheer
waste of time and monies. This is the kind of entrapment I view ought to be avoided and have
been avoided.
.
If your aim is really for fire prevention issues and not for council revenue then I would expect
you to be more attentive to the proper conduct/liaision with absentee landholders.
In my view September inspections would have been utterly useless and if you didnt proceed
with them then why did you not advise absentee landholders accordingly?
We are living in a world of ever changing weather, and we need to consider this, and as the
Municipal Fire Protection Officer I view you ought to have so to say been more on the job to
avoid the current debacle.
Do also understand that absentee landholders may have someone slashing their property and
perceive that this is sufficient and as I pointed out in the past your vague and aloof description is
useless to give a absentee landholder a proper perception of what you are on about.
As I indicated the nature strip is not within the provisions of the Country Fire Authority Act
1958, and neither so noxious weed, hence cannot be part of a Fire Prevention Notice. Perhaps
you ought to read the Country Fire Authority Act 1958 and you may just discover it limits to
private property and you cannot include council property or that under its management as part of
a Fire Prevention Notice.
Due to the sun some of my PRIVATE PROPERTY signage had fainted and I have replaced
them.
I am aware that you claim that within the Local Government Act you can access a property but as
I made clear in court this is invalid. Entering my property without my consent is tress passing
and I noticed that despite my recent invitations to attend to my property you failed to respond to
this. As such, where you had been provided with an opportunity to lawful enter my property you
implied declined to do so.
.
At this time His Honour Carmody J has still refused/failed to provide me with the sealed orders
and reason of judgment I am lawfully entitled upon as well as the transcript/audio recording. For
the record I did file a complaint against His Honour Carmody J this as I view a judge cannot in
any manner enforce the law or appear to do so when disregarding legal provisions in the process
which would be an obstacle to him.
I yesterday spoke to a property owner at Berriwillock who explained to me that in his
understanding all he needs to do is to use the write on mower to slash the weed/grass and
anything around his plants being separated by the slashing is not then an issue. Clearly the lack
of proper information to land holders is causing confusion to many and it would be better to
avoid any problems with landowners by explaining what really is expected. The silly if not utter
ridiculous
remove all combustible materials violates the Country Fire Authority Act 1958 this as buildings
and it contents are excluding. What you ought to do is to provide precise details, such as for
example, in the left front corner of the property there is weed/grass within about 5 metres of the
p3
17-10-2016
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
4
fence nearest to the highway that could be a fire danger. Then a property owner doesnt have to
guess what on earth you are on about but will know precisely what you mean.
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I urge you to be more cooperative with absentee landholders as you now discovered Buloke
Shire Council wasted about $18,000 on litigation against me, and surely not something it would
like to repeat, I think?
.
As proved in 2015, when upon my invitation you attended to my property and then there was no
issue afterwards. Isnt that a better way to appropriately resolve matters?
.
As proved in 2006 in court it is unconstitutional to force anyone to vote, as then the
Commonwealth and other Attorney-Generals lost against me. Legislation never can override the
constitution and fools those lawyers who try to waste their clients monies (usually the public
monies) to pursue compulsory voting.
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17-10-2016
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
5
If you find any typing/grammatical errors then I know you read it, all you now need to do is to
consider the content appropriately!
People
16 Oct at 4:44 PM
Buloke
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Mr Wayne Wall,
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I contemplate to return to Berriwillock property in the first week of November provided there are no
further flooding because it is senseless to try to cut in the wet weather conditions. I found I need to
replace the motor of the brush cutter due to the wet weed/grass having been too much of a job for it.
As I sprayed the property twice this should also assist with killing the weed/grass. And my neighbour
informed me that he twice cut the property with his ride-on mower. Because it is wet it bounces back.
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Because of my wife medical and other appointments she had made prior to my last trip as not to clash
with dates I now have to let her attend to those in October. To my wife it is absurd that council didn't
notify absentee landholders that due to the weather conditions/flooding inspections were to be
delayed. What is needed is a format of conduct that will ensure that in future no such fiasco ever again
eventuates. After all an about 700 kilometres round trip is an expense we can ill afford to make when
there was no need for it.
I noticed that on Monday 10 October the CLOSED ROAD sign that was near Berriwillock town hall
was no longer there, and so I proceeded to travel via Ultima to Swan Hill only to end up having to
drive through a flooded area of some considerable length and depth. Obviously something was wrong
with the management of this also.
It is important that those employed with Buloke Shire Council (as with any other council) understand
they are paid out of what is extracted as council rates from landowners and so they should serve
those landowners appropriate!
I made hundreds of photos both traveling to as well as from Berriwillock, and albeit some are not
sharp in focus most are and shows the water along roads, etc, also. And the height of the weed and
grass along the Calder Highway is noticeable.
p5
17-10-2016
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
6
I noticed that VicRoads (or anyone acting on its behalf) appears to have a policy to just pray around
the white road markets and that is it. Leaving grass/weed up to about 1 1/2 metres high along the
highway. Likewise the branches are still left along the roadside since 2013.
.
As they say the government (so anyone acting under delegated powers) must show to be a model
citizen, and yet this is not eventuating from what I have recorded on the numerous photo'
.
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I anticipate that you will ensure that all weed/grass along the Calder Highway as an example will be
cleared up to property fences if anything to safeguard the lives of local communities and those of the
Country Fire Authority fire fighters. And so that on my coming trip to Berriwillock I can record the
difference between my last trip and then.
.
Gerrit
.
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Author of INSPECTOR-RIKATI books on certain constitutional and other legal
issues.
THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE DISABLED
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END QUOTE 16 October 2016 correspondence
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Hansard 19-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
Mr. CARRUTHERS:
This is a Constitution which the unlettered people of the community ought to be able to understand.
p6
17-10-2016
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
7
END QUOTE
.
The Right Hon. C.C. KINGSTON (South Australia)[9.21]: I trust the Drafting Committee will not fail to
exercise a liberal discretion in striking out words which they do not understand, and that they will put
in words which can be understood by persons commonly acquainted with the English language.
END QUOTE
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END QUOTE
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Therefore, while those drafting legislative provisions being Criminal act or whatever may seek to
pursue to provide legislation based upon plain English as to present the intention of Parliament
it must however and that is very critical be able to be understood as such by the unlettered
person.
I recall an issue in about 1985 where opposing counsel objected to my filed material upon the
basis it was not double spaced to be allowing 6mm between the lines as the Rules of the court
provided for.
I successfully submitted that 6mm between the lines must be considered to be as a 6mm lined
paper and not 6 mm between the lowest part of a sentence and the highest part of the next
sentence, this as the following example might explain how lines would be dancing all over the
page:
Today I attended to the Sunday market and we left because of a
p7
17-10-2016
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
8
hoon
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The above examples demonstrates that 6 mm between the lines based upon the lowest part of a
previous sentence and the highest part of the next sentence would be absurd.
Again, the trail judge agreed with me that it should be considered as a 6mm lined page.
Yet, lawyers continue to do double spacing!
If such simple reasoning is so difficult for members of the legal profession that they are double
spacing and by this actually causing higher cost to produce documents (that is to their clients)
apart of the waste of paper (environmental issue) then obviously one has to consider what is a
the meaning to an unlettered person!
VICTORIA LAW FOUNDATION LAW ORATION
Banco Court, Supreme Court of Victoria 21 July 2016
OF MOZART, MODERN DRAFTING AND THE CRIMINAL LAWYERS LAMENT
QUOTE
57 Some pundits have suggested that modern drafting could be improved by greater use of what is
described as plain English. Pearce and Geddes16 bell that particular cat by referring to R v
Roach17, where Tadgell J pithily observed:
Plain English alone achieves nothing. To be useful it must run in tandem with clear thought.
58 The learned authors go on to refer to Halwood Corporation Ltd v Roads Corporation, where
Ormiston JA, referring to plain English drafting, had this to say:
I am not sure that, in the right hands, the redrafting of statutes and other legal documents
could not be of benefit to all. The vice, so far, of plain English is not so much in the concept
as in its execution. It is no use redrafting statutes unless the person responsible for the
redrafting has a complete understanding of what it is that has to be achieved. It is difficult
enough to amend existing laws let alone to rephrase and reorganise statutory concepts which
have been understood in a particular way over many years. To achieve a satisfactory
end a very deep knowledge of the legal concepts is required, in order to achieve
simplification of language which does not defeat the objects of the legislature. Moreover
plain English cannot simplify complex concepts and it is more frequently the need to
simplify the concepts that is required rather than the use of modern language. Again, well
instructed minds can achieve that end but if the concepts are not to be changed, clarity will
not always lead to brevity. 18
59 Judges these days often find themselves having to grapple with seemingly intractable problems
of interpretation. In many cases, a constructional choice must be made. That choice is not always an
easy one. The problems are exacerbated, at an appellate level, when it is understood that any
interpretation accorded to a particular provision may have to be explained to a lay jury, by way of
jury direction.
60 Regrettably, there have been a number of instances where, by reason of poor drafting, the
criminal law has been left in a state of uncertainty.
END QUOTE
It is my view that any legislative provision must be in the language that ordinary citizens can
understand. As such any technical language while it requires to present the legal meaning
intended by the Parliament must nevertheless remain to be within the scope of ordinary language
as used and understood by the general community.
I would say the moment a citizen has to consult a lawyer as to the meaning of a legislative
provision then the legislative provision fails to comply with the embedded legal principles of the
constitution and as such becomes for this ULTRA VIRES.
p8
17-10-2016
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
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We have for example in the Country Fire Authority Act 1958 (s 41) a provision dealing with
combustible materials albeit it excludes buildings and it content. Does this mean that
combustible materials like a motor vehicle, fire wood, trees and wooden fence poles and
railing are all required to be removed during a declared fire season?
You see this act was basically immaturely written that now we have cases dealing with what is to
be applicable within the concept of combustible material and how does a property owner
have a proper understanding if the act (albeit wouldnt make common sense) demands that
children toys (including the plastic seat of the swings, etc) be removed from the property during
a declared fire season (say about 6 months of the year) and stored somewhere!
VICTORIA LAW FOUNDATION LAW ORATION
Banco Court, Supreme Court of Victoria 21 July 2016
OF MOZART, MODERN DRAFTING AND THE CRIMINAL LAWYERS LAMENT
QUOTE
94. I also understand that drafters must ensure that the product of their work is capable of being understood,
not just by the most erudite of jurists, but by all sections of the community. They must try, as best they can, to
anticipate as many possible contingencies as can reasonably be foreseen. And they are no doubt aware that
there will be a class of reader who will not approach the task of interpreting their work in a sympathetic, or
even common sense manner.34
95. Even making due allowance for these difficulties, however, there is something unsettling about the way in
which some modern statutes are drafted. Statutes that create criminal offences, in particular, must be capable
of being readily understood.
96 In addition, judges can surely be credited with some modicum of common sense. They should not be
forced to trawl through provisions that, in some cases, are so obscure as to lead almost to a brain explosion.
Sadly, distrust of the judiciary, and of its ability to exercise sound judgment, lies at the heart of much of the
unduly prescriptive drafting that we see.
END QUOTE
VICTORIA LAW FOUNDATION LAW ORATION
Banco Court, Supreme Court of Victoria 21 July 2016
OF MOZART, MODERN DRAFTING AND THE CRIMINAL LAWYERS LAMENT
QUOTE
108 Every time a judge is confronted with a provision that is either poorly drafted, or requires a lengthy trawl
through numerous other sections in order to make sense of it, some harm is done. If the judge ultimately falls
into error, and the matter has to be corrected on appeal, the situation is made even worse.
109 Figures helpfully provided to me by the Office of Public Prosecutions indicate that, between 2005 and
2016, there were 345 successful appeals against conviction, roughly 30 per year. Many of these cases had to
be tried again, at emotional cost to the parties and witnesses, and at financial cost to the community. Of that
number, 132 appeals involved findings of misdirection on the part of trial judges.
END QUOTE
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Regrettable the associated cost to appeal means that many a citizen will be unable to engage in
an appeal. It means that JUSTICE IS DENIED. It is no use to claim that JUSTICE PREVAILS
ON APPEAL where one is denied to appeal in the first place due to the associated cost.
Moreover, why should ordinary citizen have to be liable to huge cost when the drafter of the
legislation combined by the failure of the Parliament denied proper legislation in the first place?
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In my view if the legislation is to comprehensive then the courts have an obligation to say so
that it is reasonably beyond the comprehension of the ordinary citizen and therefore
charges must be dismissed. One cannot expect a person to comply with legislation that even the
judiciary is struggling with to understand.
p9
17-10-2016
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
10
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On 19 July 2006 I comprehensively defeated the Commonwealth (having also filed and served a
s78B NOTICE OF CONSTITUTIONAL MATTERS) regarding 2 appeals on FAILING TO
VOTE upon that compulsory voting was unconstitutional. Yet, the courts continue to convict
others. Likewise that State legislation under concurrent legislative powers finish once the
Commonwealth commences to legislate. As such all purported concurrent legislation are
ULTRA VIRES! This subject matter is too complicated to set out in a few sentences other than:
Hansard 27-1-1898 Constitution Convention Debates
QUOTE
Mr. BARTON.-I was going to explain when I was interrupted that the moment the Commonwealth
legislates on this subject the power will become exclusive.
END QUOTE
All speed camera (legislation) use is ULTRA VIRES if not approved by the Commonwealth!
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What we need is a judiciary to uphold the real rule of law within constitutional context!
This document is not intended and neither must be perceived to refer to all details/issues.
Awaiting your response, G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)
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p10
17-10-2016
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati