WITHOUT PREJUDICE Banyule City Council & councillors 9-7-2013 C/o Gina Burden Manager Governance, Information and laws 5http

://www.banyule.vic.gov.au enquiries@banyule.vic.gov.au Fax 94991391 . . AND TO WHOM IT MAY CONCERN
Ref; 130709-G. H. Schorel-Hlavka O.W.B. Banyule City Council -LGA advice- etc

10 Gina, I will quote below an email which purports to be from the LGA (albeit South Australia), and this obviously is cause of concern. . 15Councils are using ratepayers moneys and should not be in what I consider to be a deceptive conduct to try to conceal relevant details from ratepayers merely because the risk of a veto to the referendum to amend s96. . where councils are using ratepayers monies then I view the ratepayers are entitled a full and 20proper set out as to why their monies are used for funding towards a Yes campaign. We have a mayor and deputy mayor who both were former members of State Parliament and surely they ought to be well aware that the usage of ratepayers monies required a proper explanation to ratepayers. Not next year but should have been when consulting ratepayers as to if 25funding should be provided to the LGA or ALGA. Those councillors who support the yes campaign to use ratepayers monies may find that a failure of the Yes campaign may haunt them subsequently, in particular where this all was done in secrecy. 30As to the particular programs listed by LGA QUOTE Regional and Local Community Infrastructure Program, Regional Development Australia Fund; Roads to Recovery, Local Adaptation Pathways Program & the Low Carbon Communities 35END QUOTE no doubt you will as per my previous request, set out the financial advantages and disadvantages to me. As for the "Road to Recovery" program I have already previously set out that this falls under the 40Inter-State commission and therefore the referendum succeeding or not. would in my view have no bearing upon this. Like "Low Carbon Communities" program, where the Commonwealth has legislative powers to deal with this, then Parliament can authorise the Inter-State Commission to deal with it by way of funding, and again no referendum is needed for this. As for the "Adaptation Pathways" program (to prepare communities as to climate change), again, if the
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Commonwealth has legislative powers to deal with this then all it need to have is the Parliament to pas legislation for the Inter-State Commission to deal with this kind of funding. The Federal Government itself being prohibited to provide non-uniform funding was because of 5the concern by the framers of the constitution that a government otherwise could use it for pork barrelling, etc. Well the Inter-State Commission as a non-political body would have to rely upon experts in the field and so it would be much safer for councils to have funding through the InterState Commission. 10Again, I request to be provided with which funding Banyule City Council claims would be in jeopardy if thee referendum would be defeated, or not proceed? surely this should not be a problem as I expect that councillors would have debated this extensively before committing ratepayers monies to any Yes campaign. A failure to provide the details would to me rather indicate that councillors ignored their laid up duties to ensure monies 15extracted from ratepayers are not needlessly wasted.
. QUOTE ALLEGED LEAKED EMAIL Leaked email From: Chris Russell [mailto:Chris.Russell@lga.sa.gov.au]

20Sent: Wednesday, July 03, 2013 4:51 PM
Subject: Referendum – Urgent Wendy and I have had a number of calls in the past couple of days in relation to responding to the latest politician’s claim in the media in relation to the referendum – some of these have asked whether we or Mayors/Councillors should be countering messages from politicians. Wendy has asked me to share with

25you some of the feedback we are getting from the national campaign team.
As a result of this early feedback we are now deliberately not responding to any requests to respond to politicians or to the “no” campaign and we would suggest that you encourage your Mayors and Council members to do the same. The national research is showing two key things:

301) that politics is toxic at present and that if we engage with politicians or “no” campaigners we will
associate our message with that toxicicity and therefore lose support; 2) that a simple positive message about the success of Federally funded projects will gain support from 65% of undecided voters. While some of the research input is still coming in, they (in the national campaign office) and we believe

35this message is strong enough to be applying consistently throughout our campaign. They are not
concerned about these politicians and “no” campaign messages at this point as voters are not listening – and certainly not listening to politicians. They do not want to be told how to vote by politicians. It is vital that you provide information to your members about great projects in your community funded through any of the following programs: Regional and Local Community Infrastructure Program, Regional

40Development Australia Fund; Roads to Recovery, Local Adaptation Pathways Program & the Low Carbon
Communities Program. They should be encouraged to point to those local projects, indicating that
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voting yes will maintain the status quo – to preserve those funding streams. We have also sent an online survey form to your contact officers asking them to nominate 2 or more of such projects to us for State/National promotion. Very shortly you will receive an invitation to participate, with your referendum contact officer, in a

5teleconference next week with other CEOs from your region or the metropolitan area. We will take that
opportunity to share with you as much intelligence as is available nationally to assist you – and to outline key areas where we believe Councils will need to be active – a particular challenge will be staffing polling booths. Regards

10Chris Russell
Director, Communications Local Government Association ofSouth Australia 148 Frome StreetGPO Box 2693 Adelaide SA 5001 T 08 8224 2030

15M 0417 830105
www.lga.sa.gov.au END QUOTE

For the above, I urge you to provide the overdue information I requested, as it should already be 20on record from the councillors debates as to justify the allocation of ratepayers monies. do understand that many ratepayers are struggling to pay rates and to them every cent is important. Perhaps Banyule City Council can now also consider the Federal Governments policy to have pensions and other welfare payments subject to the CPI (Consumer Price Index) and so that councillors will observe the provisions of s109 of the Commonwealth of Australia 25Constitution Act 1900 (UK) and doesn't increase any cost/rates above CPI!
QUOTE 109 Inconsistency of laws When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the 30 extent of the inconsistency, be invalid. END QUOTE

As the High Court of Australia in Sydney Council versus Commonwealth (1904) held that municipal/shire councils are exercising delegated State powers to charge rates, it held was a form of taxation, then s109 clearly applies. 35 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL
40 (Our

®

name is our motto!)

I am the power of one, but supported by the many!

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