20140225-G. H .Schorel-Hlavka O.W.B. to Water Law Review

8/12/2019 20140225-G. H .Schorel-Hlavka O.W.B. to Water Law Review

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WITHOUT PREJUDICE

Water Law Review 25-2-2014

PO Box 500

East Melbourne VIC 30025

[email protected]

Cc: Energy and Water Ombudsman [email protected]

10 Chairman Peter Vogel (And other members of the Board of Directors) [email protected] Ref: 2305224

Credit Collect [email protected] 36933515

Sir/Madam,

On 24-2-2014 at 11.55pm, I came across your website indicating The closing date

for submissions is Friday 14 February 2014 and hereby I request you to exempt this submission

from this date and still accept my submission.

It would be impossible for me to read all relevant material in an instance and respond to it but I20have concerns as to for example the Infringement notice system as some Bill of Attainder

against the community.

For example it (Infringement Notices) is a plague upon the community that should rather be

eroded then implemented in new ways.

To give you an example:25

I have a property in Berriwillock and slashed the growth while making photos of the road side

areas showing it to be in excess of 1 metres high. As such one would hold that a slashed

property would show no fire danger whereas the unslashed areas under council control, in

particular along highways would be a fire hazard. Well, low and behold I received a fire notice

not long after the slashing of my property. Not because there was a fire danger or need to slash30

but simply an abuse of power so the council can collect fines, whereas the real culprit placing

communities in danger is the council itself, but no Infringement notices are issued against

council doing so.

I have for some 20 odd years a dispute with GWMWater as to the quality of its water or the lack

thereof. Now it seems to me to be a bit rich if it can issue Infringement notices against customers35

while it fails for some 20 years to comply with Victorian government Standards. It is no other

function but a revenue system as Premier Napthine commented about Infringement Notices they

are a form of tax.

.
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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Despite the Minister speech to the Parliament about the Safe Drink Water Bill then being

introduced for the second reading that it was for all Victorians and so also regional areas reality

is the GWMWater fails to comply with this.


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As such all that appears to be done is power abuse to punish citizens regardless if they are

innocent of any wrongdoing with an ever expanding Infringement Notice system rather than to

appropriately manage the safety of all Victorians.

As (now retired) Professional Advocate I took over from a barrister the Colosimo case where Mr5

Frank Colosimo was at his 6thcontempt hearing before Her Honour Harbison J. I put it to hHer

Honour on 16 March 2009 that the infringement Notices were without legal basis, were

incorrectly issued and that no one in the world could comply with the nonsense of orders, etc.

Also that council commenced to litigate against Mr Colosimo a week after it issued a building

certificate that the shed was lawfully build according to the legal requirements. Counsel for the10

council then sought to withdraw the contempt application which I opposed on the ground that

once filed then only the court could deal with it. Her Honour agreed with my submissions and

permanently stayed proceedings.

Here we had a plethora of infringement notices that were not even properly issued from start and

some 4 years of litigation and all where in fact in the end it was accepted Mr Colosimo had done15

no wrong.

Then I had a dispute with Banyule Council that issued a Infringement Notice where by their own

claims I had been parked for 2 hours 29 minutes in a 3 hour parking zone and so exceeded (so

they claimed) the 3 hour limit. It took many months and 2 appeals before they finally understood

that 2 hours and 29 minutes (as their own records indicated) was actually less then 3 hours as20

allowed for parking! So finally the Infringement notice was withdrawn. And many other like

incidents have occurred where some thousands of (innocent) motorist in NSW were issued with

Infringement Notices for having failed to pay the toll in Melbourne, and this because the

company issuing the Infringement notices had accessed the incorrect data base. So infringement

system is nothing more but a grab for power and monies and I view nothing to do with JUSTICE25

nor to provide a safe and secure manner of conduct.

Therefore the issue that the Infringement Notices somehow avoid burden upon the legal system

cannot be agree as being so.

I was advised by GWMWater that I had the option to place the matter in the hands of the EWOV

(Energy and Water Ombudsman Victoria) this I did. GWMWater appeared to me to claim that it30 is authorised by the Safe Water act 2003 not to supply drinkwater that is suitable for

domestic/household use.

I checked the Hansard and find neither in there or in the legislation any details that provide for a

water supplier to provide untreated water for domestic/household usage.

We as a society should never use any system that undermines a persons democratic rights.35

Those who are planning/contemplating new laws/regulations should so to say play the devils

advocate and consider the adversities it can create and how the legislation may cause more harm

then good.


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As I understand it in past reports there were 35 offences by water suppliers and I understand that

there appears to be a lack of proper supervision as to water providers. I have already indicated to

the EWOV that I view that if there was to be a outbreak of poisoning or else due to a water

supplier failing to provide Safe Drinking Water to a residential property then the directors , in

case any death occurs as result of consuming this water,, should be held legally liable for murder!5

That I view is the only way to get directors of their bums and get them to make sure they comply

with legislative and another relevant provisions.

Just consider if any person now involved in drafting new legislation and ignore to provide forthis legal accountability for directors of water suppliers and then one of your family members

ends up falling ill and die because of drinking this water if you then still would be happy to have10

perhaps assisted to the death of this person by failing to provide for appropriate legal sanctions

that may have avoided the death?

Below have reproduced a banner as well as post cards which among other things I have had

printed.

15


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What is so irresponsible is that while there is legislation for grey water, somehow GWMWater is

providing untreated water through ordinary water pipe lines to residential properties in small

towns.

Why is it that we are providing funding for other countries so people can have access to drink

water when our own government cannot assure that people in country areas are provided with5

Safe Drinking Water?

As a CONSTITUTIONALIST I am well aware that we have a system of a responsible

Minister and so why is the responsibleMinister not on the job to ensure that GWMWater andother water providers actually are in compliance with the Victorian Government standards? It

never should be up to citizens to do the job for the responsible Minister.10

We have a Government and parliament that held that all Victorians regardless where in the state

of Victoria they reside are entitled to Safe Drinking Water but it seems GWMWater is a water

supplier who takes the law into its own hands and couldnt give a darn about what the

Government and/or the parliament decides as it does its own thing..

It knows to well that so to say the EWOV is a toothless tiger which cannot really take action15against them.

So they seek to use a protracted system but not giving an inch.On 2 October 2013 I attended to my Berriwillock property and consumed that day 1 cup of

coffee and the next day another cup of coffee. Thereafter I fell severely ill and was so for about 2

months since. My doctor did have blood samples taken in case I had something in there but that20

was cleared. But my wife at some stages came checking up on me just to make sure I had not

died, that how badly I was. Well, I am now determine to have this mess sorted out once and for

all and anyone who obstruct this may just have to consider that someday one of their own could

perhaps die from drinking untreated water!

How often do people travel into the country area, unaware of that the drinkwater tap may25

actually only have untreated water. What if a school bus stops and the children get out and fall

sick or even die? Who will then be legally responsible for consistently ignoring the rule of lawand Government policy?

Why is it that GWMWater despite acknowledging that it provides untreated water has failed to

place appropriate signs near every water inlet at a property where it supplies untreated water?30

Consider the DUTY OF CAREin Donohue v Stevenson!

As I view it the responsibleMinister is responsible and the fact that water supply has so much

fractured in private corporations doing their own thing appears to me a lack of the responsible

Minister doing his/her job. Creating more kind of terrorism legislation that will only escalate

problems rather than to resolve them can be done without. We need proper governance and35

legislation is not going to provide for this. Only a competent responsibleMinistercan ensure

that matters are appropriately addressed. Anything else is more a Band-Aid solution as analternative of a responsible Minister being responsible. If I turn on the tap on my country

property and after about 20 years of pursuing this issue still cannot have safe drink water

regardless of legislation in place then surely more legislation isnt going to resolve this issue.40

Awaiting your response, G. H. Schorel-Hlavka O.W.B.(Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL

(Our name is our motto!)45

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20140225-G. H .Schorel-Hlavka O.W.B. to Water Law Review