Professional Documents
Culture Documents
1
2
3 Northland Centre Management 11-8-2020
4 Northland.ShoppingCentre@vicinity.com.au.
5
6 20200811-Mr G. H. Schorel-Hlavka O.W.B. to Northland Centre management
7 COMPLAINT
8 Sir/Madam,
9 I on Monday 2020 attended to Northland shopping complex as I will set out below
10 and was accost by 2 male persons purportedly being security personnel. As I recall it number 404
11 and 258. However upon my request they refused to identify themselves and also refused to write
12 down their numbers for me.
13
14 Safety is an issue for the Centra and in particular where there are elderly and also young women
15 in the Centre it is essential that those claiming to be security can identify themselves as such.
16 After all ample of person who work elsewhere may be shopping at the centre and then may
17 approach a person in the centre to be centre security but being an impostor and obtain then
18 private details as to afterward rob or even commit rape. Hence I view Centre management must
19 ensure that any so called security is when requested able to produce some form of identification.
20 Being it a photo identification or like that. Merely having a number in my view is insufficient as
21 that proves absolutely nothing.
22
23 Again, I specifically requested their details and that was refused.
24
25 As you must be aware the State government issued a directive that all people in Victoria must
26 wear a mask, in particular in Melbourne itself. However it made an exemption:
27
28 https://www.dhhs.vic.gov.au/face-coverings-work-covid-19#what-does-wearing-a-face-
29 covering-mean
30 QUOTE
31 You must carry a face covering with you when leaving home for one of
32 the four reasons, even if you don’t need to wear it while undertaking
33 your current activity, for example you can take your face covering off to
34 eat. If you have a medical condition that prevents you from wearing
35 a face covering at all times you don’t need to carry it with you.
36 END QUOTE
37
38 It must be clear therefore that the directions of the government must be read with this exemption,
39 and as such anyone seeking to enforce compulsory mask wearing cannot violate this above stated
40 exemption.
41 .
42 However, I was not only accosted by the 2 so called security guards and while there is no legal
43 requirement for a person to produce a medical exemption I neverthe less did so as those so called
44 security personas claim that they had to enforce government requirements, which clearly they
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1 didn, where I was not a wearing a mask for medical condition, but not only did they as I
2 understand it made clear they would use force to remove me from the centre is I didn’t produce a
3 medical exemption, but even after that when I went shopping in Coles they called the police who
4 after a communication made clear I had to pay for my groceries and leave the centre because it
5 was private property, etc. This as I was not wearing a mask, even so they too had seen my
6 medical exemption. The police also making clear they didn’t know about any exemption but they
7 would check it out afterwards.
8
9 As such neither the so called security nor the police had any proper knowledge as to what really
10 was applicable.
11
12 Worse is, that person 404 was repeatedly putting his hand on the mask he was wearing and
13 lowered onto his skin to say something to me and then putting the mask back over his mouth. He
14 didn’t use the elastic for this, which is the proper manner to do so.
15 As such, if he had any COVID-19 on the mask then he would have contaminated his hand with
16 this. When I showed the medical certificate in a plastic cover he demanded I take it out. I then
17 handed it to him and he showed it tohe other so called security person and then gave it back to
18 me. So, if his hand was contaminated then now he contaminated the medical certificate.
19 And so the other so called security person.
20 I have been a person shopping at Northland Shopping Centre for about 45 years and do not
21 accept that this “unlawful” conduct is appropriate and threatened to use force against me.
22
23 But there is more to it.
24 When I was near the cash register in Coles 2 police officers then approached me and requested
25 my drivers licence. I explained I was not driving a car.
26 I have never seen any customer driving a car into Coles store and was clearly walking) The
27 police insisted that I had to identify myself. They had a complaint that I was in the shopping
28 centre contrary to government directions without a mask. I did explain that I had shown the
29 medical exemption to them and the police claimed they were not informed about this.
30 Nevertheless the Acting Sgt insisted for my drivers licence and I provided this. It appeared to
31 me that during the communication of some length he was at times slightly adjusting his mask by
32 touching it at the front. As such, if the mask was infected he would have gotten it on his hands
33 and when touching my drivers license would likely have contaminated this also. He also handed
34 my drivers license to the other police officer so here we go likely spreading a disease. Anyhow
35 he also claimed not to know about any exemption but asked if I had one. I explained there was
36 no legal requirement to produce an exemption but nevertheless I took it out of the folder and
37 handed it to him. So now if 404 was infected and placed it on the medical certificate then now
38 the police officer touching it could now be infected. And if the Police officer was infected then
39 now he could have spread it to the document and in the process he too could have infected me.
40
41 While the police didn’t charge me t that time, because they had to check the website as to what I
42 stated, I did make clear that if they were to issue a summons against me I would be prepared for
43 the litigation. As demanded by the police I paid and left the Centre without being able to
44 complete any shopping at Aldi.
45
46 What the above ought to indicate that Centre management in my view failed to have a proper
47 system in place and in fact by this can cause the spread of any disease in the process. Not to
48 ignore this is what eventuated in the hotel fiasco’s also.
49
1 I last October rushed my 87 year old wife to a hospital and she ended up 10 days in the hospital
2 (including ICU) relating to Hearth Failure and other underlying health issues. As such, I need to
3 be very careful as to my wife’s health issues.
4 When then COVID-19 came around and noticed the lockdown in china, and suspecting that
5 Premier Daniel Andres is a Chinese bot I held it better to prepare for any onslaught that likely
6 may follow in Australia.
7 As a constitutionalist (and now retired) Professional Advocate I realised that I would need to do
8 my research in case it would come down to a showdown and keep records on a backup hard
9 drive in a fire proof safe just in case.
10
11 My wife always berated me to be ignorant to health issues but now saw a transformation that I
12 researched COVID-19 issues extensively.
13
14 While it is claimed that COVID-19 is a transmissible infectious disease reality might be totally
15 different in that I suspect that like the Legionnaires Disease relating to certain water towers and
16 hearing systems COVID-19 likely may also be a “bacterium” that eventuates at certain locations.
17 For example reportedly none of the about 186 public nursing homes have any COVID-19
18 infections where as numerous private nursing homes have people being infected as well as its
19 staff.
20 This may indicate that the disease known as COVID-19 may rather be a localised issue perhaps
21 relating to house keeping and not at all being some infectious disease.
22 I am not a scientist or a medical doctor but rely upon the numerous videos and articles of
23 virologist, pathologist, medical doctors, etc. As such I merely give my views based upon
24 thousands of videos, articles, etc I considered.
25
26 If like the Legionnaires Disease is all comes back to a housekeeping issue then obviously the
27 wearing of mask, LOCKDOWNS and curfew, etc, are utterly useless as they do not address the
28 core issue that causes the disease to spread.
29 Nevertheless the Government has issued directive and Centre management may hold it is bound
30 to enforce this. Again it really isn’t enforcing it rather a half baked version.
31 Let me explain using a hypothetical example:
32 “A” ask “B” if he is willing to come along to go on Friday evening to Northland Cinema.
33 “B” respond: “It is too busy with virtually no parking facilities and so I don’t like going.
34 “C” later ask “A” have you asked “B” to come along on Friday night to the cinema?. Upon
35 this “A” respond” I did but “B” made known he doesn’t like to go to Northland Cinema.”
36 Clearly this is incorrect, as “A” is now changing the reason of “B” not desiring to go to the
37 cinema is the parking issue and not that he doesn’t like to go to the cinema.
38
39 And other example:
40 “A” ask “B” ig he likes to go to the Sunday market”, upon which “B” respond “I do not
41 like to go to the Sunday market if it rains.” Later “C” ask “A” did you ask “B” to go with
42 us to the Sunday market?” And “A” respond, “I did, and “B” made known he doesn’t like
43 to go to the Sunday Market.”.
44 Again “A” changed the context of what had actually stated by concealing part of what “B”
45 actually had stated and so misstated “B” reason not wanting to go to the Sunday Market “when it
46 rains”.
47
48 Likewise the so called security persons and the Victorian Police are enforcing some government
49 directive by misrepresenting what it really is about by concealing the part of “Medical condition”
50 exemption and demanding also a “medical certificate” even so this is not required whatsoever.
51 .
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1 In fact me wife requested me to obtain from the hospital a medical certificate for exemption of
2 wearing a mask and the “written” response was that because my wife has a “medical condition”
3 she doesn’t need to wear a mask and no medical certificate is required to prove this. And this
4 referred to the website of the Department of Health.
5
6 With what eventuated now involving myself my wife is terrified to go anywhere as she
7 understand a risk of a $2,000 fine and court litigation merely if she were to go shopping in
8 Northland, regardless that she has the written response from the Hospital she doesn’t need to
9 wear a mask and no medical certificate is needed.
10
11 I understand that not just shopping centres but even stores on their own can set conditions as
12 long as they are reasonable for enforcement.
13 As such if a store displays a sign that bags can be inspected than clearly this is a condition of
14 entry.
15 Some businesses may have that one is not permitted to enter wearing slippers., again for safety
16 one cannot argue against this.
17 Ample of stores show warning that a customer must be over 18 to be served. This again might be
18 a reasonable government policy that one cannot object to.
19 None of them can be considered to be discriminatory because it applies across the board and can
20 be considered to be reasonable.
21 .
22 Now lets hold that the Government were to issue a directive to be enforced by stores that anyone
23 who wears “prescription glasses” are not be allowed into the store. Obviously this would not be a
24 reasonable demand and stores owners should therefore object to such a ridiculous demand to be
25 enforced. There can be numerous other kinds of examples but you may get the gist.
26 Any government demand must be reasonable to be enforced.
27 .
28 If say the government were to issue a directive that any person attending a store must not be
29 allowed to enter if they have a left thumb unless the cut it off before entering, then it would be
30 obvious that no store owner could demand a potential customer to engage in self harm.
31
32 So, this seems to be very obvious.
33 ‘
34 Just that really the same applied with wearing a mask!
35
36 Positive Tests Are Not COVID Cases - Where's the Epidemic_ - Dr Tim O'Shea
37 QUOTE
38 Surgeon General Jerome Adams:
39
40 Wearing face masks could actually increase
41 The risk of contracting COVID-19
42 END QUOTE
43
44 www.who.int/publications-detail/advis-on-the-use-of-masks-in-the-community-during-home-
45 care-and-in-healthcare-settings-in-the-context-of-the-novel-coronavirus-(2019-ncov)-outbreak
46
47 “the wide use of masks by healthy people … is not
48 supported by current evidence… and carries
49 uncertainties and critical risks….”
50
51
52 “…there is currently no evidence that wearing a
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1
2 Lets us use another hypothetical example:
3 A driver wearing a mask is affected by the lack of oxygen and end up smashing into the centre
4 and by this killing customers. The driver because of Centre management policy to enforce the
5 wearing of mask and having delivered goods to a store now due to the lack of oxygen ended up
6 in an accident. In my view Centre management indirectly it enforcing government policy must
7 be also held legally liable. In my view it had a DUTY OF CARE to ensure that any government
8 policy is and remains to be reasonable. It could have used its lawyers to petition the Government
9 not to pursue a dangerous practice of wearing a mask to be enforced. If it failed to do so it clearly
10 at least in my view failed in its DUTY OF CARE.
11
12 As was made clear during the Nuremberg trails “Following orders” is no excuse when one
13 act in violation of a persons legal rights.
14
15 Clearly I was ordered to leave for no other reason that I was on private property and not wearing
16 a mask. That in my view violated my legal rights and clearly a policy that the Government itself
17 has not as such stipulated as it clearly provided for exemptions for “medical condition”.
18
19 There is however more to this all:
20
21 I will below provide some quotations of the Hansard Constitution Convention Debates for the
22 creation of the Commonwealth of Australia Constitution Act 1900 (UK) of which within section
23 106 the states were created “subject to this constitution” and it should be clear that the Framers
24 of the Constitution stated:
25
26 Our Commonwealth of Australia Constitution Act 1900 (UK) provides that “QUARANTINE”,
27 which our Framers of the Constitution limited it as follows:
28
29 Hansard 7-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
30 Convention)
31 QUOTE Mr. BARTON (New South Wales).-
32
33 I do not think the word quarantine, for instance, which is used in the sub-section of the 52nd clause, is
34 intended to give the Commonwealth power to legislate with regard to any quarantine. That simply applies to
35 quarantine as referring to diseases among man-kind.
36 END QUOTE
37
38 For the same I view regarding the Victorian Police that it cannot enforce some purported Health
39 and Welbeing Act as it cannot operate in violation of the BioSecurity Act 2015 of the
40 Commonwealth, which has exclusive jurisdiction regarding diseases relating to “man-kind”.
41
42 It should be understood that the Commonwealth cannot give legislative powers to a State where
43 is already has legislation on foot for the subject matter, and neither can the State create its own
44 legislative powers purportedly in concurrence with Commonwealth legislative powers.
45 .
46 Hansard 27-1-1898 Constitution Convention Debates
47 QUOTE
48 Mr. BARTON.-I was going to explain when I was interrupted that the moment the Commonwealth
49 legislates on this subject the power will become exclusive.
50 END QUOTE
51
52 Hansard 27-1-1898 Constitution Convention Debates
53 QUOTE
1 Mr. BARTON (New South Wales).-If this is left as an exclusive power the laws of the states will
2 nevertheless remain in force under clause 100.
1 This then places the question why was the police called in the first place purporting that I
2 was allegedly trespassing without a mask?
3
4 So now the elderly, as I am a senior citizen, are being what I view terrorised to engage in self
5 harm merely because Centre Management didn’t make sure that the so called security is fully
6 aware as to what really is applicable.
7
8 Just that they picked on the wrong person as I was all along prepared for this. In my view Centre
9 management cannot discriminate against me for not wearing a mask where I have a “medical
10 condition”. Also in my view Centre Management had an obligation towards store holders,
11 including Aldi, that it not unreasonable prevents potential customers to shop at its store.
12
13 Those who are going about as so called security persons in my view do not have any medical
14 qualifications to somehow overrule a medical certificate. Neither is the hall way or for that a
15 store the appropriate venue for so called security persons or even the Victorian Police to make
16 any assessment of a persons health. As the police established the medical certificate was dated
17 31/7 (31 July) and as such valid, even so again, no medical certificate is required.
18
19 Let it be clear I didn’t in any way pursue any conflicts. If the 2 so called security persons had had
20 a proper understanding about a customers legal rights, including about medical conditions as an
21 exemption, they might never even have bothered me. However the police becoming involve that
22 I was trespassing to me is totally unacceptable.
23
24 People, even young children, as I understand from reports are committing suicide and other self-
25 harm because of the LOCKDOWN’s, CURFEW’s, etc. yet it is reported that during the curfew
26 the premier goes to Tullamarine Airport and thanking pilots for delivering about 21 plane loads
27 of electronic equipment in passengers planes, all without wearing a mask and those electronic
28 equipment from a foreign power.
29 We were told that passengers planes were diverted, and would not be allowed to land in
30 Melbourne, yet during CURFEW a reported 21 passengers plane but loaded with electronic
31 surveillance equipment ( nothing to do with combating COVID-19) were nevertheless landing in
32 secret. This placing citizens at risk of another disease breakout.
33 As such, it appears to me that this entire mask, lockdown and curfew have absolutely nothing to
34 do with protecting anyone’s health but is to use it for ulterior purposes. While Centre
35 management may hold this is irrelevant to its running a shopping centre, well there is yet another
36 outbreak of a serious disease in China involving a tick, and if those boxes of those planes happen
37 to have tick’s in them as they were not decontaminated, etc, then we may face another deadly
38 disease. That means further denial of economy recovery.
39
40 Many who invested lifelong work in establish a viable business now found it to be destroyed
41 beyond their fault. Well, at least I am not one to ignore my duties and obligations to my fellow
42 citizens. Centre management now has a choice to be ld by the nose regardless how destructive
43 this might be or to stand up if for its customers and businesses within its shopping complex.
44
45 This correspondence is not intended and neither must be perceived to address all issues.
46 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)