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WITHOUT PREJUDICE Local Government Electoral Review Secretariat Department of Transport, Planning and Local Infrastructure PO Box 2392, MELBOURNE VIC 3001 www.localgovernment.vic.gov.au

26-10-2013

SUBMISSION Sir/Madam, I refer to your 8 October 2013 invitation to provide a submission which hereby I do in a very limited manner, this, as my previous submission of some about 145 pages including photo’s as supporting evidence regarding both the 2010 State election the 2011 by election in Broadmeadows and the Olympia Ward by election for Banyule City Council became a huge disappointment to that it was apparently ignored. In 2012 Banyule City Council scored a conviction against me for not handing in a statement of financial expenditure but didn’t pursue another candidate, who neither had done so within the provided time frame, albeit I had a valid 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, that comprehensively defeated the Commonwealth that compulsory registration and voting was unconstitutional! 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 an INDEPENDENT candidate. Police records will show that posters and some banners were slashed with knives were dumped in my driveway, scaring the living day lights out of my (then 78) year old wife Olga. Banyule city 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 been littering 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 I would 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 Post Office in Northern Road was none of my concern, and couldn’t prevent me to campaign there. I 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 such littering could not exist as the items were handed over to the 3 people. Further, as to my banners and 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 would be removed by council. As such Banyule city council did remove my political posters/banners and so I was given the understanding upon instructions of Cr Andrew Carbines. (Now State Member of Parliament)
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I now draw your attention certain cases regarding political advertising banners/posters the following 3 cases concerned involve a case of 2008 in Queensland and it might be worthwhile to read up on them, and clearly pre-dates he 2010 and 2011 (council and state) and 2012 (council) elections. 5

SUPREME COURT OF QUEENSLAND
10 CITATION: Greene v Gold Coast City Council [2008] QSC 25 PARTIES: GEOFFREY GREENE, STATE DIRECTOR OF THE LIBERAL PARTY OF AUSTRALIA (QUEENSLAND) (applicant) v GOLD COAST CITY COUNCIL(respondent)
QUOTE In Lange v Australian Broadcasting Corporation2, the High Court said3: ‘Communications concerning political or government matters between the electors and the elected representatives, between the electors and the candidates for election and between the electors themselves were central to the system of representative government, as it was understood at federation (245). While the system of representative government for which the Constitution provides does not expressly mention freedom of communication, it can hardly be doubted, given the history of representative government and the holding of 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. Furthermore, because the choice given by ss 7 and 24 must be a true choice with “an opportunity to gain an appreciation of the available alternative”, as Dawson J point out in Australian Capital Television Pty Ltd v The Commonwealth (246), legislative power cannot support an absolute denial of access by the people to relevant information about the functioning of government in Australia and about the policies of political parties and candidates for election. 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 to exercise 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. 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 the freedom rests upon implication, that implication defines the nature and extent of the freedom. His Honour said (249): “The implication is negative in nature: it invalidates laws and consequently creates an area of immunity from legal control particularly from legislative control.” END QUOTE

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40 http://www.austlii.edu.au/au/cases/sa/SASCFC/2011/84.html THE CORPORATION OF THE CITY OF ADELAIDE v CORNELOUP & ORS [2011] SASCFC 84 45 Judgment of The Full Court (The Honourable Chief Justice Doyle, The Honourable Justice White and The Honourable Justice Kourakis) http://thrushlike3.rssing.com/browser.php?indx=1887304&item=1011 50

LIBERAL PARTY OF AUSTRALIA (WESTERN AUSTRALIAN DIVISION) INC -v- CITY OF ARMADALE [2013] WASC 27
What we have here is a sustained criminal conduct against me. Hence, in 2013 I decided not to stand for the Federal election, because of the danger also to my wife (now 81).
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During the Broadmeadows by-election I received correspondence from Hume City Council that I could obtain posters/banners back against payments. I filed a complaint with the Victorian Police that 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 the 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 law I may add that Hume City Council sought to claim that it was a safety issue for the roads, but I responded 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 the same 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. Parts of 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 a council making or enforcing bylaws regarding political advertising, as political bias then can interfere 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 thousands of posters/banners were. constantly removed, that my wife and I at times were going out 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 made known 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 they were not registered. Then during the 2012 council election I submitted then my How-To-vote Cards, but afterwards discovered that my business How-To-Vote Card in error had Olympia Ward (where I previously stood for) as authorised by the Returning officer for Olympia ward rather then Returning officer for Grimshaw Ward). So, I placed a line through it and left it on the table with other How-To-Vote Cards, for the early voting, only it to be refused on the basis no registration was required. This even so no registration is required for early voting and the Howto-Vote card did correctly show the candidate’s names, etc. The Returning Officer personally advised me of it that he had my cards removed. As I stated in Court, I was twice advised by the Victorian Electoral Commission (when I attended twice in person at their offices) that I didn’t need to file any statement. In Pervakis v Schorel-Hlavka CCV No AP-12-1704-v4g,somehow Pervakis acted on her own account 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 had compensated me for their illegal removal and theft of posters/banners. I made clear that while I was seeking compensation I was in no way able to provide a statement then I could have been deemed to have committed fraud not having disclosed this nor being able to 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 the show if Dick and Harry can do what they like? As a CONSTITUTIONALIST I Sought to outline to the trail judge relevant constitutional issues 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 public gallery seemed to hold she uttered sheer and nonsense. So I ended up with a criminal conviction, doing whole my life without, and this because I was set up, and where the real criminals are
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getting away with it. See also my submissions “110317-submission - ELECTIONS-Part 1 of 2 Parts” (This submission was provided via email as well as on CD to “The Executive Officer Electoral Matters Committee, 2-6-2011 Parliament House, Spring Street, East Melbourne, Vic 3002 5 Email c/o mark.roberts@parliament.vic.gov.au”) and “110602-submission ELECTIONS- supplement-2” as well as the attachment dated 1 February 2010 (albeit in the footing it refers to by election 2011) “Letter_to_Candidates_re_Political _Advertising_01022011” which clearly offends the rulings quoted above. You then have to ask where the Victorian Electoral Commission then conducts election’s why does it not know what is legally applicable? Why should candidates have r to fight for their rights when the electoral commission should be aware of it and avoid such dilemma’s and controversies? I am well aware as like with the Australian Electoral Commission also that filing a complaint no matter how justified will be railroaded. I view no electoral commission that conducts an election should be permitted to supervise its own conduct, as there is an implied bias. This why I view a VELVET REVOLUTION should be the solution, to reclaim our constitutional and other legal rights as obviously we have no legitimate electoral system and neither any mechanism to hold criminals account to hold them accountable when they interfere in various way with election rights, etc. No matter my legal rights as a candidate in the end I experienced that the ALP and the Greens were interfering with my election campaigns time and time again. As I experienced with Cr Andrew Carbines, and the photo’s in my submissions prove this, Banyule City Council was not the least concerned when it came to council by-laws and electoral laws he and his supporters were breaching, but when it came to me when acting lawfully then the misuse and abuse of powers were rife against me. While the Commonwealth doubled the “deposit” more candidates were standing, this is because of the payment per primary vote is a lure, which I view is unconstitutional, and robs genuine electors who are qualified to stand as a candidate the lack monies for the deposit. How on earth can it benefit electors if someone is elected with next to no expenses on election, but may get paid $600.000.00 or more for primary votes? There is a lot more to this but considering the submissions referred to above as well as my numerous complaints to the electoral commissions, it may be better those are considered also. (I can always provide copies). So to say it should be a person like myself who should have been asked to deal with reforming electoral laws to streamline them, etc, as after I have a considerable experience as to what really goes wrong. Forget about fair and proper elections as to my experiences it doesn’t exist! Basically it is now as it appears to me, you can join a criminal gang called a political party’s name, and they will dictate how elections are conducted to benefit themselves, and when they come across a person like myself promoting constitutional rights then well they (and those assisting them) are above the law. At least so it appears to be as the police clearly does nothing and neither so the electoral commissions involved. Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

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