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131026-G. H. Schorel-Hlavka O.W.B. to Local Government Electoral Review Secretariat.pdf

131026-G. H. Schorel-Hlavka O.W.B. to Local Government Electoral Review Secretariat.pdf

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Document 2 of 2 - While investigations may be held in the end if they ignore submissions because they do not like what is being exposed then the holding of the investigation (review) is merely misusing taxpayers monies.
This 26-10-2013 submission and the 1-2-2010 wrongly dated document (should be 1-2-2011) exposes the illegal conduct by councils, but who is really addressing it, one has to ask?
Document 2 of 2 - While investigations may be held in the end if they ignore submissions because they do not like what is being exposed then the holding of the investigation (review) is merely misusing taxpayers monies.
This 26-10-2013 submission and the 1-2-2010 wrongly dated document (should be 1-2-2011) exposes the illegal conduct by councils, but who is really addressing it, one has to ask?

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Categories:Types, Business/Law
Published by: Gerrit Hendrik Schorel-Hlavka on Oct 26, 2013
Copyright:Attribution Non-commercial

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12/30/2013

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 p1 26-10-2013
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVDA 1
st
edition limited special numbered book on Data DVD
ISBN 978-0-9803712-6-0
PLEASE NOTE
: You may order books in the
INSPECTOR-RIKATI® series
by making a reservation, See alsoHttp://www.schorel-hlavka.comFax 03 8692 2727 Email:admin@inspector-rikati.com 
WITHOUT PREJUDICE 
Local Government Electoral Review Secretariat 26-10-2013Department of Transport, Planning and Local InfrastructurePO Box 2392, MELBOURNE VIC 30015www.localgovernment.vic.gov.au 
SUBMISSIONSir/Madam,
I refer to your 8 October 2013 invitation to provide a submission which hereby I doin a very limited manner, this, as my previous submission of some about 145 pages including10
 photo’s as supporting evidence regarding both the 2010 State election the 2011 by ele
ction inBroadmeadows and the Olympia Ward by election for Banyule City Council became a hugedisappointment to that it was apparently ignored. In 2012 Banyule City Council scored aconviction against me for not handing in a statement of financial expendit
ure but didn’t pursue
another candidate, who neither had done so within the provided time frame, albeit I had a valid15
reason in that I couldn’t make a statement that could result in being fraudulent even so at the time
of doing so it would be unknown to me what the correct financial position was.I may from onset make clear that after a 5 year epic legal battle between the AEC and myself,regarding 2 cases of 
FAILING TO VOTE
on 19 July 2006 in the County Court of Victoria,20that comprehensively defeated the Commonwealth that compulsory registration and voting wasunconstitutional!The issue is that Banyule City Council had one of its councillors Mr Andrew Carbines (ALP)standing as a State candidate in the District of Ivanhoe, in which I stood again as an25INDEPENDENT candidate.Police records will show that posters and some banners were slashed with knives were dumpedin my driveway, scaring the living day lights out of my (then 78) year old wife Olga. Banyulecity council staff attended to my residence making known that Cr Andrew Carbines had personally made a complaints against me. Hence his attendance to my residence, that I had been30littering in Northern Road, Heidelberg Height (Outside temporary hired shop front window of Cr Andrew Carbiines). I explained to the council staff I had given prior notification to the media Iwould be attending on certain days outside certain Australian Post offices, and did so as per schedule, and the fact that Mr Andrew Carbines had hired a shop next to the Australian PostOffice in Northern Road was none of my concern,
and couldn’t prevent
me to campaign there.35I further explained that at the time 3 people left his shop and came over to me and asked for certain How-To-Vote Cards and other items. No other time did I hand out anything else. As suchlittering could not exist as the items were handed over to the 3 people. Further, as to my bannersand posters, they were lawfully posted within my right as a political candidate in the election.I was asked by the council staff not to post any further posters. However no further banner would40 be removed by council. As such Banyule city council did remove my political posters/bannersand so I was given the understanding upon instructions of Cr Andrew Carbines. (Now StateMember of Parliament)
 
 
 p2 26-10-2013
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVDA 1
st
edition limited special numbered book on Data DVD
ISBN 978-0-9803712-6-0
PLEASE NOTE
: You may order books in the
INSPECTOR-RIKATI® series
by making a reservation, See alsoHttp://www.schorel-hlavka.comFax 03 8692 2727 Email:admin@inspector-rikati.com 
I now draw your attention certain cases regarding political advertising banners/posters thefollowing 3 cases concerned involve a case of 2008 in Queensland and it might be worthwhile toread up on them, and clearly pre-dates he 2010 and 2011 (council and state) and 2012 (council)elections.5
SUPREME COURT OF QUEENSLAND
CITATION:
Greene v Gold Coast City Council 
[2008] QSC 25PARTIES:
GEOFFREY GREENE, STATE DIRECTOR OF THELIBERAL PARTY OF AUSTRALIA (QUEENSLAND)
(applicant)
v
10
GOLD COAST CITY COUNCIL
(respondent)
QUOTEIn
 Lange v Australian Broadcasting Corporation
2, the High Court said3:
‘Communications concerning political or government matters between the
electors and the electedrepresentatives, between the electors and the candidates for election and between the electors themselves
15
were central to the system of representative government, as it was understood at federation (245). While thesystem of representative government for which the Constitution provides does not expressly mention freedomof communication, it can hardly be doubted, given the history of representative government and the holdingof elections under that system in Australia prior to federation, that the elections for which the Constitution provides were intended to be free elections in the sense explained by Birch.
20
Furthermore, because the choice given by ss 7 and 24 must be a true choice
with “an opportunity to gain anappreciation of the available alternative”, as
Dawson J point out in
 Australian Capital Television Pty Ltd vThe Commonwealth
(246), legislative power cannot support an absolute denial of access by the people torelevant information about the functioning of government in Australia and about the policies of political parties and candidates for election.
25
That being so, ss 7 and 24 and the related sections of the Constitution necessarily protect that freedom of communication between the people concerning political or government matters which enables the people toexercise a free and informed choice as electors. Those sections do not confer personal rights on individuals.Rather they preclude the curtailment of the protected freedom by the exercise of legislative or executive power.
30
As Deane J said in
Theophanous
(247), they are “a limitation or 
confinement of laws and powers [which]gives rise to a pro tanto immunity on the part of the citizen from being adversely affected by those laws or by
the exercise of those powers rather than to a ‘right’ in the strict sense”. In
 
Cunliffe v The Commonwealth
(248), Brennan J pointed out that the freedom confers no rights on individuals, and, to the extent that thefreedom rests upon implication, that implication defines the nature and extent of the freedom. His Honour 
35
said (249):
“The implication is negative in nature: it invalidates laws and
consequently creates an area of immunity fromlegal control
 particularly from legislative control.”
 END QUOTE
THE CORPORATION OF THE CITY OF ADELAIDE v CORNELOUP & ORS
 
Judgment of The Full Court
 (The Honourable Chief Justice Doyle, The Honourable Justice White and The Honourable45Justice Kourakis)http://thrushlike3.rssing.com/browser.php?indx=1887304&item=1011 
 
LIBERAL PARTY OF AUSTRALIA (WESTERN AUSTRALIAN DIVISION) INC-v- CITY OF ARMADALE [2013] WASC 27
50What we have here is a sustained criminal conduct against me. Hence, in 2013 I decided not tostand for the Federal election, because of the danger also to my wife (now 81).
 
 
 p3 26-10-2013
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVDA 1
st
edition limited special numbered book on Data DVD
ISBN 978-0-9803712-6-0
PLEASE NOTE
: You may order books in the
INSPECTOR-RIKATI® series
by making a reservation, See alsoHttp://www.schorel-hlavka.comFax 03 8692 2727 Email:admin@inspector-rikati.com 
During the Broadmeadows by-election I received correspondence from Hume City Council that Icould obtain posters/banners back against payments. I filed a complaint with the Victorian Policethat then an estimated $5,000 worth of posters/banners had been stolen by Hume City Council.Albeit, later I discovered that nearly all posters/banners had been removed.). I understand the5
Victorian Police didn’t investigate the matter at all. It seem to have taken the view that Hume
City Council could do as it pleased being above the rule of lawI may add that Hume City Council sought to claim that it was a safety issue for the roads, but Iresponded to point out to the derelict car on the street, the rubbish on the streets, and that while it
removed also my banners/posters it didn’t do so with the ALP
 banners/posters which were at the10same location ALP dominated council was behind it. In fact I reported to an official that my banners that the polling stations had been removed and ALP banners now were in its place. Partsof my banners were located in the bushes nearby.While this was a State election issue nevertheless it may underline how dangerous it is to have acouncil making or enforcing bylaws regarding political advertising, as political bias then can15interfere with any right to publish political signage.When then I stood again as a candidate in the Olympia Ward (vacated by Mr Andrew Carbines)with Craig Langdon former ALP State member being also a candidate, then again my banners/posters were removed but the ALP posters/banners remained. In the overall tens of 20thousands of posters/banners were. constantly removed, that my wife and I at times were goingout night after night in the rain to replace hem during the various elections.The Victorian Electoral Commission and others basically did nothing about it, as they madeknown it were police matters. Albeit they themselves also interfered with my election campaigns.
In the 2010 State election I was told I couldn’t use my
 printed mugs, T-shirts, etc, because they25were not registered. Then during the 2012 council election I submitted then my How-To-voteCards, but afterwards discovered that my business How-To-Vote Card in error had OlympiaWard (where I previously stood for) as authorised by the Returning officer for Olympia wardrather then Returning officer for Grimshaw Ward). So, I placed a line through it and left it on thetable with other How-To-Vote Cards, for the early voting, only it to be refused on the basis no30registration was required. This even so no registration is required for early voting and the How-to-Vote card did correctly show the candidate
s names, etc. The Returning Officer personallyadvised me of it that he had my cards removed.As I stated in Court, I was twice advised by the Victorian Electoral Commission (when I35attended twice in person at their offices) t
hat I didn’t need to file any statement.
 In Pervakis v Schorel-Hlavka CCV No AP-12-1704-v4g,somehow Pervakis acted on her ownaccount but was funded by the State of Victoria solicitors?If I had made a statement and either or both Banyule City Council and/or Hume City Council hadcompensated me for their illegal removal and theft of posters/banners.40I made clear that while I was seeking compensation I was in no way able to provide a statementthen I could have been deemed to have committed fraud not having disclosed this nor being ableto do so at that time. As such the councils ignoring to address these issues were the culprits. And,somehow the CEO of Banyule City Council was unknown to it all. So who is then running theshow if Dick and Harry can do what they like?45As a
CONSTITUTIONALIST
I Sought to outline to the trail judge relevant constitutionalissues but first she claimed she had no jurisdiction as to constitutional issues and then later threatened to order the court room to be vacated where I understood the public in the publicgallery seemed to hold she uttered sheer and nonsense. So I ended up with a criminal conviction,50doing whole my life without, and this because I was set up, and where the real criminals are

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