20240108-Mr G. H. Schorel-Hlavka O.W.B. To Jacinta Allen Premier of The State of Victoria-Supplement-01
20240108-Mr G. H. Schorel-Hlavka O.W.B. To Jacinta Allen Premier of The State of Victoria-Supplement-01
1
2
3 Jacinta Allen Premier of the State of Victoria (Australia, Victoria date) 8-1-2024
4 [email protected]
5
6 Cc: Cr Tom Melican Mayor [email protected]
7 Alison Champion [email protected]
8 Cr Fiona Mitsinikos [email protected]
9 Cr Elizabeth Nealy [email protected]
10 Cr Mark Di Pasquate [email protected]
11 Cr Alida McKern [email protected]
12 Cr Peter Dimarelos [email protected]
13 Cr Rick Garotti [email protected]
14 Cr Peter Casteldo [email protected]
15 Jan Richardson [email protected]
16 Janet Redgrave Team Leader Development Planning [email protected]
17 Mr RomanWojtkowski [email protected]
18 Banyule City Council [email protected]
19
20
21 Re: 20240108-Mr G. H. Schorel-Hlavka O.W.B. to Jacinta Allen Premier of the State of Victoria-Supplement -01
22
23 COMPLAINT
24 NOT RESTRICTED FOR PUBLICATION
25 Madam & Ors,
26 further to my 7 January 2024 COMPLAINT I provide this supplement.
27
28 When I appeared before Her Honour Harbison J representing Mr Francis James Colosimo,
29 having taken over from Mr Colosimo’s previous barrister, I submitted to her Honour that one a
30 party filed a CONTEMPT OF COURT application the party filing it no longer could withdraw it
31 as it became the property of the court. Her Honour agreed with this and refused councils barrister
32 to withdraw the CONTEMPT OF COURT application against Mr Colosimo.
33 Ordinary a representative may desire a CONTEMPT OF COURT application to be withdrawn
34 regardless it legally cannot be done, but I hold that the rule of law is paramount and parties
35 cannot consent to something which is a violation of the rule of law. Likewise, the issue of
36 Commonwealth v Melton (ATO v Melton) about the GST it in my view was a violation of the
37 constitution and as such the judgment has no legal validity.
38
39 It is very clear to me that those claiming to be Prime Minister/Premier/First Ministers really
40 haven’t got a clue as to their constitutional position and powers they can and cannot exercise.
41 Legally where they like judges acts in violation of the constitution they simply no longer are
42 Prime Minister/Premier/First Minister as one cannot claim some form of legal authority when
43 defying the constitution.
44
1 Former Premier Daniel Andrews allegedly had a reported 95 advisors and little wonder the State
2 is in a sense bankrupt. Yet a major problem is the sheer incompetence of election Commissions
3 who allow the deception upon electors time and time again.
4
5 But, before commencing to list some very important authorities may indicate that more than
6 likely my writings may so to say fall on deaf ears because those legal advisors of the government
7 generally haven’t got a clue what is constitutionally permissible as if they did we would not have
8 the mesh that now exist.
9
10 I suggest that the State Government provides me with an office and staff to seek to iron out
11 matters “according to what the constitution permits” as an advisory body to the Government.
12 Would the State Government agree to providing office facilities and staff then I propose that
13 Bobby (he used to work for Greg Langton – Former State Member of Parliament) would be the
14 Office Manager as he is a person I trust. For so far Bobby may not have all the skills required to
15 be a competent Office Manager then the Government can provide an assist to him who can teach
16 him the ropes.
17
18 When a person makes an OBJECTION TO CONSTITUTIONAL VALIDITY OF A
19 LEGISLATION AND/OR PART THEREOF then that too cannot be withdrawn and unless and
20 until a competent court of jurisdiction has heard and determined the matter no court can invoke
21 jurisdiction against what was objected against.
22
23 Any judicial officer, and so any Minister, etc, who violates the constitution is by this stripped of
24 any formal status and becomes like an ordinary individual and cannot exercise any office
25 powers, being it as a Minister, judge, etc.
26
27 Scheuer v Thodes, 416 US 232 94S Ct 1683, 1687 (1974) states:
28 “when a state officer (which includes Judges) acts under a state law in a manner violative
29 of the US Constitution, he comes into conflict with the superior authority of that
30 Constitution, and he is in that case stripped of his official or representative character and is
31 subjected in his person to the consequences of his individual conduct.
32 The State has no power to impart to him any immunity from responsibility to the supreme
33 authority of the United States”.
34
35 The same legal principles (see above and below) applies in the Commonwealth of Australia!
36 Hence a Premier/Prime Minister/First Minister (they – the titles - all means the same) who makes
37 a decision in violation of the constitution makes no legal valid decision at all!
38
39 "All laws which are repugnant to the Constitution are null and void." Marbury vs.
40 Madison 1803, 5 U.S. (2 Cranch) 137, 174, 176.
41
42 “A pretend law made in excess of power is not and never has been a law at all. Anybody in the
43 country is entitled to disregard it”. Chief Justice Latham 1942
44
45 If any Tribunal (court) finds absence of proof of jurisdiction over a person and
46 subject matter, the case must be dismissed. Louisville v. Motley 2111 US 149, 29S. CT
47 42. “The Accuser Bears the Burden of Proof Beyond a Reasonable Doubt”.
48
49 “Lack of Federal Jurisdiction can not be waived or overcome by agreement of
50 parties”. Griffin v. Matthews, 310 F supra 341, 342 (1969): and “Want of Jurisdiction
1 END QUOTE
2
3 DPP v Field [2001] VSC 472 (29 November 2001)
4 QUOTE
5 24. Section 35 of the Interpretation of Legislation Act 1984 provides that in the interpretation
6 of the provision of an Act consideration may be given to any matter or document that is
7 relevant, including reports of proceedings in any House of the Parliament. The section
8 further provides that a construction that would promote the purpose or object underlying an
9 Act is to be preferred to a construction that would not promote that purpose or object. Those
10 provisions are well known.
11 END QUOTE
12 And
13 QUOTE
14 The general misconception is that any statute passed by legislators bearing the
15 appearance of law constitutes the law of the land. The U.S. Constitution is the
16 supreme law of the land, and any statute, to be valid, must be in agreement. It is
17 impossible for both the Constitution and a law violating it to be valid; one must
18 prevail. This is succinctly stated as follows:
19 The general rule is that an unconstitutional statute, though having the form and
20 name of law, is in reality no law, but is wholly void, and ineffective for any
21 purpose; since unconstitutionality dates from the time of its enactment, and not
22 merely from the date of the decision so branding it. An unconstitutional law, in
23 legal contemplation, is as inoperative as if it had never been passed. Such a
24 statute leaves the question that it purports to settle just as it would be had the
25 statute not been enacted.
26 Since an unconstitutional law is void, the general principles follow that it
27 imposes no duties, confers no rights, creates no office, bestows no power or
28 authority on anyone, affords no protection, and justifies no acts performed
29 under it. . .
30 A void act cannot be legally consistent with a valid one. An unconstitutional law
31 cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs
32 counter to the fundamental law of the land, it is superseded thereby.
33 No one is bound to obey an unconstitutional law and no courts are bound to enforce it .
34 END QUOTE
35
36 Sixteenth American Jurisprudence
37 Second Edition, 1998 version, Section 203 (formerly Section 256)
38 ://familyguardian.tax-
39 tactics.com/Subjects/LawAndGovt/ChallJurisdiction/AuthoritiesArticle/AuthOnJurisdiction.htm
40 QUOTE
41 Sixteenth American Jurisprudence 2d; SS: 256 & 257:
42 "The general rule is that an unconstitutional statute … is in reality no law, but is wholly
43 void, and ineffective for any purpose; since unconstitutionality dates from the time of it's
44 enactment, and not merely from the date of the decision so branding it. An unconstitutional
45 law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute
46 leaves the question that it purports to settle just as it would be had the statute not been
47 enacted. 'Such an unconstitutional law is void', the general principles follow that it imposes
48 no duties, confers no rights, creates no office, bestows no power or authority to anyone,
49 affords no protection, and justifies no acts preformed under it . . . 'A void act cannot be
50 legally consistent with a valid one. An unconstitutional law cannot operate to supersede
51 any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of
52 the land, it is superseded thereby. 'No one is bound to obey an unconstitutional law and no
53 courts are bound to enforce it." . . . “The fact that one acts in reliance on a statute which
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1 has theretofore been adjudged unconstitutional does not protect him from civil or criminal
2 responsibility ...”.
3 END QUOTE
4
5 The powers of a Prime Minister/Premier/First Minister is merely those of his/her office. The
6 powers of the Cabinet is not at all to purport some Cabinet decision as in constitutional terms the
7 Cabinet is no more but an advisory body to a Minister and/or the Prime Minister./Premier/First
8 Minister. It is utter and sheer nonsense to claim that Cabinet decide any Ministerial matter this is
9 because we have a system of “responsible government” where the Minister who is appointed for
10 a particular portfolio is the “responsible Minister”! Likewise, it is utter and sheer nonsense to
11 claim there can be a Minister assisting the Minister because only one person can be a
12 “responsible Minister” and you cannot have some joker acting as a Minister who is not a
13 “responsible Minister”.
14 The Prime Minister/Premier/First Minister cannot overrule any Minister how he/she lawfully
15 exercises his/her duties regarding a portfolio, or for that interfere with a decision by a
16 “responsible Minister”!
17 Therefore, the reported claims that former Premier Daniel Andrews had some 95 or so advisers
18 is absurd and makes no constitutional sense. Here we have the State of Victoria plunged in huge
19 debt in violation of the legal principles embedded in the constitution and this may underlines that
20 all those advisors didn’t particularly show any competent decision being made. Indeed, as the
21 Framers of the Constitution made clear that the Parliament should provide for each year
22 Appropriation Bills and Taxation Bills. Meaning, that once those Acts are given royal ascent
23 they cannot be altered during the financial year they applied to. No such, thing as some mini
24 budget. And no such thing as a budget just before the new financial year as the Bills to enact
25 Appropriation and Taxation must be permitted to be debated by both Houses of the Parliament
26 well before the new financial years is applicable and in case there is a failure to pass the Bills the
27 “responsible Minister” should resign so a more competent Minister may be able to get Bills
28 accepted by both Houses of Parliament.
29
30 It must be clear that the State of Victoria is bankrupt as it has engaged in a debt well beyond the
31 yearly Taxation Acts permit to be collected. We had that former leader of the ALP and later
32 Premier of Victoria Daniel Andrews proved his incompetence to claim that the cancelation of a
33 road work project would not cost anything which then ended up to cost more than $1 billion not
34 to build a road structure. I understand he used to be a garbage truck driver, and while this doesn’t
35 mean garbage truck drivers are incompetent, in this case I view Daniel Andrews was driving a
36 garbage truck as a Premier.
37 He violated legal principles embedded in the constitution and as such in my view also not
38 entitled to any alleged superannuation either.
39 Why indeed have a “responsible Minister” if a Prime Minister/Premier/First Minister can make
40 any absurd/stupid/incompetent decision overriding the “responsible Minister”?
41 What competence is with the Treasurer to allow such major blowout of contracts? This Private
42 Partnership with the Government seems to underline the gross incompetence by the Treasurer to
43 make clear that any contract must be showing the final cost and nothing can increase the cost.
44 Here we had the so called missing freeway link claimed to be about $6.7 billion dollars, and we
45 might now be hearing perhaps to $40 billion by the time the project is completed. This
46 underlines the gross and sheer incompetence of the treasurer to ensure any contract limits.
47
48 Then we had this elaborate “covid scam” where unconstitutional mandates ruining numerous
49 small businesses and in the process marriages, their personal financial abilities and also
50 horrendous harm to the health of Victorians as well as numerous deaths, etc, and you then award
51 this I view total imbecility conduct with hundreds of thousands of dollars as a superannuation for
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1 the rest of his life, while those who had their lives destroyed by him continue to suffer if they are
2 not yet in their graves? And those who were collaborating are still in power and/or benefiting
3 from their destruction of the State? Come on, they should be charged with crimes against
4 humanity, mass murder, etc.
5
6 The High Court of Australia in 1904 in Sydney municipality v Commonwealth stated as quoted
7 in my correspondence of which a copy was provided to you that a “corporation” is not a
8 sovereign and cannot legislate for taxation. This reflected the views of the Framers of the
9 Constitution, and hence at the Premiers conference Section 96 was inserted that the
10 Commonwealth could come to the rescue of the States when in financial problems, etc.
11 Yet, the politicians in the States wanted it their way to register as some business entity with the
12 District of Columbia, being subject to the USA Congress and by this violating s44 of the
13 constitution, and by Section 45 those politicians involved ever since all lost their seat in the
14 Parliament when enforcing this business registration, etc. Remember Section 106 “subject to
15 this constitution”?
16
17 If therefore the State of Victoria is deemed to be by its registration to be a business entity then it
18 lost its sovereignty and no longer can legislate and neither can tax anyone. That is not my rule
19 but the rule of the Framers of the Constitution and enforced by the Sydney municipal v
20 Commonwealth 1904 High Court of Australia decision.
21
22 Don’t blame the herald of the bad tiding that the politicians inflicted upon themselves by gross
23 and sheer incompetence.
24
25 Any person with reportedly 95 advisors who mismanage so drastically in my view should be
26 imprisoned.
27
28 The destruction of the lives of ordinary citizens cannot be left without legal accountability.
29
30 I am neither a medical doctor and/or a scientist and neither had any formal training in such fields
31 but because my 91 year old wife suffers from heart failure and other comorbidities I held it my
32 duty to avoid her to become a victim of this fearmongering “covid scam”.
33 One has to ask why a Premier with a large number of advisors went along with this
34 TREASON/TERRORISM upon Victorians?
35 As I understand it Brett Sutton (Then Chief Health Officer) had no medical qualifications and
36 neither any proper science to back up any mandates, besides that all and every mandate was
37 unconstitutional!
38 Then we had the State Parliament purportedly giving the Premier the powers to declare a
39 “pandemic” even so only the Governor can grant such powers to a Minister and as the Premier
40 was not the Minister for Health the Parliament purported legislation therefore was ULTRA
41 VIRES!.
42
43 What then is the function of the Prime Minister/Premier/First Minister as to the office of the
44 Prime Minister/Premier/First Minister? Is it to represent the political parties that are in power?
45 Actually the Prime Minister/Premier/First Minister is not elected by electors during an election.
46 It is ultimately the Governor-General who determines who he shall commission to be Prime
47 Minister, and so irrespective if this person is a member of a political party or not and is elected to
48 the Parliament or provisionally elected to the Parliament or not. And the same with a Governor
49 commissioning a Premier. As such, a Governor could simply decide to commission me to be
50 Premier or the Governor-General could commission me to be Prime Minister and I could be so
51 for up to 3 months (s64) without being a Member of Parliament.
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1 They (Prime Minister/Premier/First Minister) are not to represent their parties aim as they must
2 be representing all citizens within their jurisdiction. As such, a Prime Minister who pushes
3 his/her party’s aims in violation of representing all citizens is therefore not worthy to be Prime
4 Minister. The same with a Premier/First Minister.
5 The problem lies with the various electoral commissions which are in my view grossly
6 incompetent as they allow political parties to claim electors vote for who shall be Prime
7 Minister/Premier/First Minister. Yet as we saw with John Howard he was voted out and as such
8 the deception was clear, he couldn’t even hold his own seat.
9 Moreover, when Members of the Lower House (House of Representatives, etc) are standing for
10 election they actually are not then Members of Parliament because their seat were declared
11 vacant and as such their usage of taxpayers monies to travel around for election purposes is
12 unconstitutional and violates s44 of the constitution and by Section 45 they are
13 AUTOMATICALLY ineligible to be a Member of Parliament.
14
15 Let us return to the elaborate fearmongering “covid scam”!
16
17 Ample of small business owners had not just their businesses wrecked but so their lives because
18 many in the process lost their homes, marriage, etc. And somehow there appears to be no legal
19 accountability for those business/home wreckers. Well if I have my way they all face legal
20 accountability! Remember the term: “for peace, order and good government”? Well consider
21 the following also (albeit I have reduced it to heading but the link allows the full document to be
22 read and downloaded. Also while this refers to the USA mainly it should be understood that I
23 understand TGA John Skerritt claimed to rely upon USA FDA details/decisions):
24
25 A summary of the evidence against the COVID vaccines
26 Yahoo/Inbox
27 Steve Kirsch's newsletter
28 From:[email protected]
29 To:[email protected]
30 QUOTE
31 https://kirschsubstack.com/p/a-summary-of-the-evidence-against?utm_source=post-email-
32 title&publication_id=548354&post_id=140434197&utm_campaign=email-post-
33 title&isFreemail=true&token=eyJ1c2VyX2lkIjo3NzI2NjI2NiwicG9zdF9pZCI6MTQwNDM0MTk3LCJpYXQ
34 iOjE3MDQ1OTk1NDQsImV4cCI6MTcwNzE5MTU0NCwiaXNzIjoicHViLTU0ODM1NCIsInN1YiI6InBvc3
35 QtcmVhY3Rpb24ifQ.8kidDLAcOxUxiKq0fIDHKWvyLepmy384EgW35SS3BmA&r=1a0316&utm_medium
36 =email
37 A summary of the evidence against the COVID vaccines
38 Here's a quick summary of the key pieces of evidence that taken together show that the
39 COVID vaccines are unsafe and that the medical community should not be trusted.
40 STEVE KIRSCH
41 7 JAN 2024
42
43 Here is a short list of reasons that everyone should be concerned about the COVID vaccine.
44 This is not an exhaustive list.
45 1. Doctors are told to trust the FDA and CDC, but not verify, when prescribing
46 vaccines.
47 2. The CDC itself doesn’t have the data to make a post-marketing independent vaccine
48 safety assessment and they are not interested in obtaining the data either!
49 3. Lack of transparency by health authorities.
50 4. Lack of interest in data transparency by the medical community. We aren’t
51 allowed to see even the simplest of charts.
52 5. Misinformation is deemed to be a problem, but the people making these statements
53 are unwilling to take any steps to stop the so-called misinformation.
54 6. No response from health authorities to reasonable requests.
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1 After all, any politicians who violated s44 and in the process by s45 was ousted from a seat in
2 the Parliament and nevertheless pretended to be a Member of Parliament and/or Minister may be
3 charged for FRAUD, impersonation of a public official, conspiracy charges, etc.
4
5 Let me list some other issues that requires attention albeit not stated in any order of importance:
6
7 *. I lodged on 8 April 2020 with the Victorian Ombudsman a COMPLAINT including that the
8 States have no legislative, executive and administrative powers regarding (quarantine) “man-
9 kind” infectious diseases. The Ombudsman claimed it has no powers to investigate and referred
10 it to IBAC which on 19 April 2020 made known it is not a ‘public interest” issue. Well tell that
11 on the hundreds of thousands person who suffered from adverse effects of the “gene therapy”
12 DEPOPPULATION bioweapon jabs and to the families of those killed! Most of the harm in my
13 view could have been avoided had there been then already a proper investigation.
14
15 2. On 13 April 2020 I also lodged a more extensive COMPLAINT with the Victorian Human
16 Rights Commissioner and well she couldn’t even bother to respond at all. It seems mass
17 murdering Victorians is not a Human Rights issue!
18
19 3. The 1855 Colonial Victorian Constitution Act was Amended by the Commonwealth of
20 Australia Constitution Act 1900 (UK) but to my knowledge no amended 1855 State Victorian
21 Constitution Act is known to have been printed and instead an unconstitutional purported
22 Victorian Constitution Act 1975 is enforced, even by the courts. It is claimed that because it
23 received royal ascent then it is lawful, Well ample of legislation has been proved with royal
24 ascent and later declare to be ULTRA VIRES and as such the royal ascent doesn’t prove a
25 purported act is constitutionally valid!
26
27 4. All and any race provisions by a State/Territory are unconstitutional (violate s51(xxvi) and
28 should be removed in their entirety.
29
30 5. Victoria has no State Bank and as such cannot legislate as to interest payable on alleged
31 monies due, etc.
32
33 6. Infringement Court are unconstitutional as they fail to provide for a judicial determination
34 AFTER both sides has been heard.
35
36 7. Outsourcing of Land Titles Office is unlawful because the Governor commissioned a Minister
37 and a Minister cannot delegate his authority to a private corporation who then could change Title
38 ownership as it desires.
39
40 8. Outsourcing VicRoads is unconstitutional this as VicRoads cannot lawfully engaged in fining
41 anyone regarding alleged speeding and other offences? In fact I checked and found certain points
42 were twice added which violates the separation of powers that only a Court can AFTER hearing
43 both sides determine what if any punishment is to be applied if there is a conviction at all.
44
45 9. Banyule City Council will not allow the nature strip to be paved and yet itself will not mowe
46 the nature strip to keep the weed/grass down.
47
48 10. No legislation can exclude any government official and/or contractor working for the
49 government from legal accountability/liability
50
1 11. Reduce municipal council’s powers to that of a city/shire council being no more but a
2 registered corporation.
3
4 12. Prosecute any city/shire council which used property owner’s monies for investment (as like
5 gambling in a casino).
6
7 13. Restore Mr Francis James Colosimo rights to his property and so others who were unlawfully
8 robbed of their constitutional/legal/human/natural and common law rights.
9
10 14. Investigate Daniel Andrews and his wife for possible criminal conduct regarding the
11 pushbike incident, including leaving the scene of an accident, driving a motor vehicle that was
12 unroadworthy, making false/misleading statements, etc.
13
14 15. Investigate Daniel Andrews claim that a veranda his him on the shoulders and other related
15 issues, including if he was injured then why allegedly 2 police officers nevertheless dragged him
16 through a doorway, etc.
17
18 16. Investigate Buloke Shire Council being a corporation charging $400 for a year for NOT
19 collecting garbage?
20
21 17. Investigate why GWMWater after 20 years still failed to provide “safe drinking water” and
22 other related issues.
23
24 18. Investigate all and any alleged child hood vaccinations and what, if any, actual scientific
25 research exist to prove each and every vaccination is actually in the benefit of each particular
26 child.
27
28 19. Suspend all and any vaccination unless proven that each particular vaccination is medically
29 justified.
30
31 20. Require medical doctors only to authorise any vaccination and only after a proper medical
32 assessment has been made in regard of each particular patient.
33
34 21, Require that any medical doctor must sign a declaration that on medical grounds a patient
35 requires to be vaccinated.
36
37 22. Investigate all issues regarding the unconstitutional mandates, including the masks, social
38 distancing, travelling restrictions, ring of steel, quarantine, QR code, hospital refusal to provide
39 medical care, business denying ordinary customers entry unless inflicting personal harm upon
40 themselves (such as the “gene therapy” DEPOPULATION bioweapon jab).
41
42 23. Investigate the Electric Vehicle scam (EV)
43
44 24. Investigate the gas connections scam.
45
46 25. Investigate the recycling scam!
47
48 26. Abolish all not-for-profit (non profit) tax exemption provisions as being unconstitutional.
49
50 27. Investigate Banyule City Council trespassing and invasion of privacy and other related
51 matters such as vandalising a lawfully parked motor vehicle, etc.
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1
2 28. Religious bodies and other purported not-for profit (non profit) to declare income received
3 as like any other organisation
4
5 29. All State funding to education facilities must be based upon equality of funding however
6 such funding may not be used to fund any religious practices or other religious matters.
7
8 30. Set up a proper State referendum system required to at times propose an amendment to the
9 1855 State Victorian Constitution Act.
10
11 31. New education facilities, including playgroups and toddler education facilities to be built
12 away from major roads.
13
14 32. Better control of usage of road limitations for road works, etc. For example some years ago
15 motor vehicle traffic in Bell Street was of considerable lengths because the road had been
16 reduced to one lane as a driveway was poured to a property. The property thereafter
17 remained vacant for many years. Meaning that the road restrictions caused undue restrictions
18 to traffic and so additional cost to transporters and travellers totally unjustified, merely
19 because the property owner didn’t desire to perhaps pay more for having the concreting
20 done during off peak hours. In Heidelberg North plastic barriers are preventing parking bay
21 to be used, even so no one is using it, merely so those involved in building may have a
22 parking spot when they desire to use it. Numerous signs of speed limitations are left around
23 even so road work has been finished and/or work on a nature strip around the corner is
24 attended to and unduly interfere/restricts ordinary use of an adjacent road. No permit display
25 that such road restriction is authorised ,and anyone then can unduly restrict carriage ways
26 and cause undue delay and cost to the economy, etc.
27
28 33. Any VCAT hearing must be on the basis of NO COST, and only if both parties agree to
29 have the hearing at VCAT, and it can actually invoke jurisdiction.
30
31 34. City/Shire councils purportedly relies upon property valuation but no known property
32 valuation report is then provided to the property owners, meaning if a property valuation is
33 incorrect then the property owner has no way of knowing this. It must be a condition that
34 any property valuation is subject to the property owner being provided with a report that sets
35 out the precise details of the property assessment including the alleged size of the property,
36 etc.
37
38 35. Purported parking offences. I in 2008 exposing Banyule City council to FRAUDULENTLY
39 issuing an Infringement Notice for exceeding a 3 hrs parking limit even so by their own
40 records I had been parked for 2 hrs and 29 minutes. Initially my appeal was claimed to be
41 dismissed but upon further complaint I was advised the appeal was upheld. This proved that
42 whomever originally considered my appeal obviously ignored a proper consideration of my
43 appeal. Moreover, it questions how more at that time other motorist was wrongly issued
44 with an Infringement Notice and how many of those were cancelled? Also, why didn’t the
45 Infringement Notice state the time period that had been recorded so that the motorist could
46 check what it was really about?
47
48 36. On 7 September 2023 Banyule City Council staff Angela O’Brien vandalised my wife’s
49 motor vehicle that was lawfully parked alleging the vehicle had not moved for 2 months,
50 this even so it had earlier been put through a car wash. It is an American system where
51 councils remove motor vehicles under fraudulent claims and then when a person obtains a
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1 court order to have the motor vehicle returned the council charges storing fees at absurd
2 amounts. This is a fraudulent conduct that I view Banyule City Council may be engaged in
3 and for this vandalised my wife’s motor vehicle that was registered and lawfully parked in
4 front of our property.
5
6 37. Banyule City Council has engaged in STALKING since at least 2018 (as its lawyer provided
7 aerial images regarding this) and has not only invaded our privacy but also trespassed
8 repeatedly onto our property in person causing damages, etc. This allegedly to find
9 “evidence” we are operating a “store” which they so far have been unable to find any trace
10 off. After all it doesn’t exist. Banyule City Council claims it can enter any property despite
11 signs prohibiting entry as to try to find evidence of a “store”. Claiming that a building
12 permit that originally was issued to a builder who build the residence some 60 years ago and
13 then the permit seized to be in force after the building was approved, nevertheless somehow
14 mysteriously is reactivated. In the process Banyule City council also trespassed upon
15 neighbouring properties seemingly so they can then climb over a fence to enter our property
16 unlawfully. I view appropriate charges should be made against Banyule City Council and its
17 staff and councillors which are well aware of it all.
18
19 38. All and any contract a government engages in with a private corporation must be published
20 as taxpayers have a right to know what cost is involved, the conditions, etc. There is no such
21 thing as using taxpayer’s monies for secret contracts. A private company who doesn’t desire
22 to do business with the government because of publication of the contract then well is
23 entitled to refrain from entering a contract but the government cannot deny taxpayers to
24 have proper information about what any contract is about. Indeed, the current absurd debt
25 incurred by the State of Victoria underlines the need for proper accountability and
26 disclosure.
27
28 39. All fuel transport cost to service stations to be funded by the fuel provider. This as to ensure
29 that anyone requiring to have fuel in country areas have the same ability to fuel prices as
30 those living in the city.
31
32 40. As city/shire councils are “corporations” then they cannot be excluded from taxation,
33 including GST. As the High Court of Australia in 1904 made clear that municipalities are
34 corporations and cannot tax anyone and as such while allegedly municipalities can tax on
35 behalf of the State they further remain to be liable to any taxation as any other
36 person/business entity. As a matter of fact the Framers of the Constitution made clear that
37 even the State could not avoid paying import duties on rail tracks it imported for its rail
38 lines.
39
40 41. All and any referral/request regarding Ss51(xxxvii) and/or5 (xxxviii) must be subject to0 a
41 State referendum to approve it as the State Parliament has no constitutional powers to amend
42 any part of the constitution and neither alter the original jurisdiction of the State Supreme
43 Court , which obviously will be altered if purportedly State legislative powers are referred to
44 the Commonwealth. Hence all and any purported referral/request without the consent of the
45 State electors is ULTRA VIRES. For this also the purported Australia Act 1986 lacks legal
46 validity.
47
48 42. Much is being claimed about councils to pursue environmental issues, etc, regardless that it
49 was revealed many councils dumped their recycling waster in general waste and yet slugged
50 property owners for additional cost of collection as a scam. We have in Greensborough road
51 Watsonia where the road service has been stripped and so causing undue damage to motor
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1 vehicle tires. It underlines that this whole “climate change scam” is precisely that as if the
2 council was sincere it would make sure that no undue damage can be caused to motorist
3 vehicles.
4
5 43. The federal government, some decades ago, implemented that pensions and other welfare
6 payments would be subject to CPI. Because federal legislation is superior to the States
7 where it legislate within its powers, then the States must not increase any charges in
8 violation to the CPI. Yet, the States has and continue to do so and by this undermine the
9 powers and intentions of the Commonwealth unconstitutionally. It is absurd that the State
10 can demand that citizens act within the rule of law when it thumb its nose to any rule of law
11 that it may not desire to comply with.
12
13 44. The section 92 provisions were enacted that the Framers of the Constitution made clear that
14 a State couldn’t directly/indirectly tax for harbour usage other than the cost of harbour
15 facilities. I understand that former Premier Daniel Andrews leased the Port for about $9
16 billion but most of the monies were not used at all for improvement of the harbour. Meaning
17 it was unconstitutional because it resulted in an indirect taxation where those who leased the
18 port now have to recover the monies from harbour users. In my view this should be
19 investigated (and so other States/Territory doing likewise) and monies unconstitutionally
20 obtained be returned to the Commonwealth Consolidated Revenue Funds.
21
22 45. There has to be an investigation why allegedly officials of the Department of health
23 threatened shop keepers to have their business closed if they did not comply with the
24 (unconstitutional) mandates and themselves were not so called vaccinated. My wife’s
25 hairdresser was opposed to any jabs of the “covid scam” but having then just entered a new
26 business lease was left no choice but to get the jabs. This in my view was terrorism and
27 appropriate legal accountability must be pursued against those who engaged in this form of
28 reign of terror.
29
30 46. There should be an investigation as to the 15/20 minutes cities plan as this is a foreign power
31 scam and any politicians and other collaborator who is involved in this is I view committing
32 treason. The Framers of the Constitution recognised the right of Australians to move across
33 stateliness, etc, as they desired and as such no one can be denied the freedom to travel.
34
35 47. All vendors at Sunday Markets should issue a receipt as to what amount of monies was paid
36 to them for the sale of items and keep a logbook of such payments received.
37
38 48. The Commonwealth cannot impose digital currency and deny the usage of cash because the
39 Constitution specifically provides for gold and silver coins can only be demanded to pay
40 State debts. While a person may elect to pay digitally it cannot however be enforced against
41 the person to do so.
42
43 The above issues, again, are not listed in any order of priority and/or importance.
44
45 Currently however, I have objected to the State of Victoria (and this then actually applies to
46 every State/Territory to legislate as to State land taxation and to delegate such purported land
47 taxation to councils. It should be understood that in the past I often referred to this and copies of
48 my writing were provided to then Premier Daniel Andrews who seem to have blatantly ignored it
49 all. Well the chicken are coming home and it is long overdue that accountability is a priority.
50
51 No judge can defeat me to rule against the constitution and that is my strength.
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1
2 The State may now belatedly realise it should work with me rather than against me with the reign
3 of terror and perhaps provide me with an office and staff to make communication easier. Again
4 Bobby has given me the understanding that if the State were to do so he would be willing to
5 assist me in matters. It will not dispose of my constitutional based objections but may make it
6 easier for communication, etc.
7
8 Due to the harm inflicted as result of Banyule City Council reign of terror upon us I would
9 require to have any office as close as possible to my residence, this because my wife is my
10 priority and she is entitled to this for the rest of her natural life.
11
12 Let us consider the utter nonsense by Banyule City Council:
13
14 It has so far purportedly issued us with a NOTIFICATION TO NOTICE TO ENTER.
15
16 In legal terms this appears to me to be that this is a “NOTICIFICATION TO” at a later time
17 issue a “NOTICE TO ENTER”. No such “NOTICE TO ENTER” was ever provided to us!
18 Meaning that even if Banyule City council had a lawful rights, which I do not concede
19 existed/exist) then the failure to provide a “NOTICE TO ENTER”, means it never did comply to
20 any purported legal requirements. And to think they have a lawyer representing them one would
21 hold that surely a lawyer allegedly an expert in council matters would make sure Banyule City
22 Council would act in all its conduct in a lawful manner
23
24 Where indeed was the WARRANT to enter neighbouring properties time and time again without
25 their knowledge and/or permission? In my view no WARRANT could be legally validated
26 merely for Banyule City Council to enter neighbouring property to unlawfully enter (by
27 trespassing) search for a non-existing “store” on our property!
28
29 My 4 November 2023 correspondence to Banyule City Council legal representative should make
30 it very clear that Banyule City Council reign of terror and political persecution must be stopped,
31 and I view that as all councillors have been by me made aware of matters then still permit this to
32 go on and on the only solution is to remove them all and have an Administrator taking over.
33 Do keep in mind that Banyule City Council allegedly is acting on behalf of the State of Victoria
34 to allegedly enforce its laws and despite my price tag of $20 million for each aerial image and $1
35 million for each image taken via and/or as result of personal trespassing continues to trespass and
36 make photos/videos and as such has by this implied to accept the charges as a creator of
37 decorating my property am entitled to make.
38
39 If anything to me this underlines that to have this kind of terrorism going on that city/shire
40 councils never should be accepted as a level of government as it now set itself up as judge and
41 jury and executor that it is above the rule of law.
42
43 I for about 37 years conducted (FREE OF CHARGE) a special lifeline service under the motor
44 MAY JUSTICE ALWAYS PREVAIL®, dealing with people contemplating suicide, murder
45 and even mass-murder. I at one stage wrote to then Prime Minister Malcolm Turnbull and then
46 Premier Daniel Andrews warning them to place bollard at Bourke Street Mall to avoid mass
47 murders, etc. I again wrote in December referring back to my previous writings but both
48 blatantly ignored it and the following month January 6 people were murdered in Bourke Street.
49 This, the murder of the 6 persons, I view could have been avoided had they acted upon my
50 writings.
1 After the murders, both then Prime Minister Malcolm Turnbull and then Premier Daniel
2 Andrews so to say were falling over each other for photo opportunities to claim they cared, but
3 concealed that they could have prevented these mass murders!
4
5 I became aware of the desperation of the many and realised more than 3 decades ago that the
6 only way to make inroads is to use the constitution to expose their wrongdoings. You may
7 desire to continue the same path as your predecessors or you may realise that even if you leave
8 the Parliament you ultimately can still be held legally accountable for any wrongdoing as
9 TREASON has no time limit to be dealt with.
10
11 As I have formally objected to the validity of State land taxation and so there neither can be any
12 purported delegated State land taxation as “council rates” I trust you realise that ultimately this
13 will be a court matter, well after the High Court of Australia deals, if it can, with the December
14 2002 NOTICE OF CONSTITUTIONAL MATTERS, albeit where already on 19 July 2006 I
15 was able to succeed unchallenged in both appeals and as the then Victorian Attorney-General
16 Rob Hulls made known to abide by the court decision then the State of Victoria (or for that any
17 other State/Territory) cannot challenge this in future either because of Res Judicata.
18
19 When will I finally and long overdue be provided with the details/information requested in my 8
20 August 2020 request to then Premier Daniel Andres?
21
22 While I am not a person to go on protests, nevertheless I recognize that “peaceful”
23 protest cannot be denied. It is a political liberty enshrined in the constitution and no
24 politicians can deny this.
25 This document can be downloaded from:
26 https://www.scribd.com/document/471720353/20200808-G-H-Schorel-Hlavka-O-W-B-to-
27 Mr-Daniel-Andrews-Premier-of-Victoria-FOI-REQUEST
28
29 Remember: “for peace, order and good government”!
30
31
32
33 We need to return to the organics and legal principles embed in of our federal constitution!
34
35 This correspondence is not intended and neither must be perceived to state all issues/details.
36 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)