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1
2
3 Banyule City Council & Mayor Cr Melican & Ors (Australia, Victoria date) 4-12-2023
4 enquiries@banyule.vic.gov.au
5
6 Cc: Cr Tom Melican Mayor tom.melican@banyule.vic.gov.au
7 Alison Champion alison.champion@banyule.vic.gov.au
8 Cr Fiona Mitsinikos fiona.mitsdinikos@banyule.vic.gov.au
9 Cr Elizabeth Nealy elizabeth.nealy@banyule.vic.gov.au
10 Cr Mark Di Pasquate mark.dipasquale@banyule.vic.gov.au
11 Cr Alida McKern alida.mckern@banyule.vic.gov.au
12 Cr Peter Dimarelos peter.demarelos@banyule.vic.gov.au
13 Cr Rick Garotti rick.garotti@banyule.vic.gov.au
14 Cr Peter Casteldo peter.castaldo@banyule.vic.gov.au
15 Jan Richardson enquiries@banyule.vic.gov.au
16 Janet Redgrave Team Leader Development Planning enquiries@banyule.vic.gov.au
17 Mr RomanWojtkowski enquiries@banyule.vic.gov.au
18
19 Re: 20231204-Mr G. H. Schorel-Hlavka O.W.B. to Banyule City Council Mayor Cr Castaldo and Ors-
20 TRESPASS, etc-Supplement 17
21 NOT RESTRICTED FOR PUBLICATION
22 COMPLAINT
23 Sir & Ors,
24 further to my already provided COMPLAINT and supplements, I add the following.
25
26 (Tom) I assume you are retired and so a former bank manager but you should be able to
27 understand the following.
28
29 In about 1972 my first wife would with our first born child during weekdays come to my work
30 for lunch and we would then sit in the park. One day she made known she had deposited $84 in
31 the bank but had not been given a slip. I urged her to go back to the bank to get it. After work
32 when I came home my (then) wife showed that the slip only showed $48 that she had been given
33 in the afternoon but she assured me it was $84 she had deposited. I explained not to worry
34 because when the bank statement would arrive it could be sorted out. When finally the bank
35 statement did arrive it showed $48 and so with my wife we went to Westpac bank to lodge a
36 complaint. The bank manager checked with the teller and made clear that my wife was obviously
37 not telling the truth and she may have spent the difference. I made clear to the bank manager that
38 I trusted my wife totally. Anyhow we didn’t get anywhere and months passed when one day my
39 wife happened to locate the slip she was given. My response was this proved the bank teller was
40 lying, even so it showed $48.00. So back to the bank manager and well he was not particularly
41 interested in listening but I made clear that the part of the slip itself proved that the bank teller
42 had been lying and he could check the ledger to also confirm this. Well, the manager decided to
43 once and for all prove me wrong and asked me to explain my accusation against the bank teller. I
44 then explained that the part slip my wife had showed a full stamp on it and if this was part of an
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1 ordinary slip then then it would only have about half a stamp as the other part would be on the
2 part of the slip the bank kept. Also, the part of the slip appeared to be larger than that ordinary is
3 of a slip. Further, I recall him to tell me that the entry of $48 was as the last entry of the day and
4 this clearly didn’t fit with that my wife had deposited the monies in the morning before lunch.
5 The bank manager made known he would check with the teller. When he returned he made
6 known that considering the evidence the teller had admitted that indeed my wife had paid in $84
7 in the morning and he had kept the difference. The bank manager did make known that I really
8 showed considerable trust in my wife, whereas really had the view that she had been lying.
9
10 Decades later at the same bank but a different manager, I applied for a loan and the bank
11 manager asked me if I had any debts. I responded I had none. He left me in his office and then
12 when he returned made known I could not be granted a loan because I had been dishonest as the
13 credit card showed a $500 debt. I then asked him to check it again as it rather was that I was
14 $500 in my favour. He went back to check and when he returned he profoundly apologised
15 admitting that indeed I had $500 in the account, and I would get the loan. He asked why did I put
16 monies in bankcard? I explained that if I used a cheque then it would cost me to do so, whereas
17 using the credit card it did cost me nothing and neither any interest and I was merely using my
18 own monies. The bank manager made known I had just given him a lesson, as he never had
19 considered to do so.
20 Let this be a lesson that no matter how something may look like it may after all be different.
21
22 I understand you are mayor again and well you can show that you do not place Banyule City
23 Council above the rule of law!
24 If you read my past correspondences you may recall the following image:
25

26
27
28 Let’s have a closer look at this:
29

30
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1
2 This shows that I had displayed my admin@inspector-rikati.com private email address and as
3 such Banyule City Council had the ability to contact me. This besides that Banyule City Council
4 staff was already well aware of this line of communication as they were communicating about
5 my wife’s disability parking permit.
6
7 It also showed an image of a security camera, and the wording
8
9 BY ENTERING YOU CONSENT TO YOUR IMAGE(S) BEING PUBLISHED ON THE INTERNET!
10
11 I will not briefly refer to a case I did regarding a council. There were 2 council officers who gave
12 evidence-in-chief both giving the same evidence. And that ordinary would show that what they
13 states must be correct. I then showed 2 images and proved that actually both had lied and so
14 perjured themselves as well as conspired to pervert the course of justice.
15
16 Now let us go back to Banyule City Council officer Angela O’Brien and the male accomplish.
17 Angela O’Brien gave me the understanding, when I on 29 November 2023 asked her how she
18 entered the property that they had climbed over the fence.
19
20 Now let us look at the images there:
21

22
23
24 This shows behind the bin an about 2.4 meter rail at the top
25

26
27
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1 Do you really think that they climbed over the fence, rather than climbed over the booth of
2 the Mitsubishi?

3
4
5 The top rail is not supported in the3 centre and the weight of a fully grown adult surely would
6 have resulted it to bend, etc!
7

8
9 It ought to be clear that with the climbing over the boot of the car they also used their body
10 weight onto the canvas that is over the disability mobile scooter and so caused the canvas to be
11 damaged.
12
13 Now, I filed my complaint regarding trespassing already with the Victoria Police and well if
14 Angela O’Brien and the male accomplish were to make a false statement to the Victoria Police
15 then they both might be charge for perjury and conspiracy because when 2 person makes a
16 similar false statement then this can be deemed a conspiracy.
17 I did not follow Angela O’Brien and her male accomplish when they were leaving, this because I
18 have a ladder at the corner of the house and at times standing on the ladder can see all along the
19 driveway who is at the gate, etc.
20 And, for years I have a camera that at times record what is happening down the driveway.
21 If therefore Angela O’Brien and her male accomplish make false/misleading statement to the
22 Victoria Police then well can may face additional charges. I understand that Jan Richardson of
23 Banyule City Council is also doing her investigation and she may do wise to alert Angela
24 O’Brien and her male accomplish that they better are telling the facts as they were..
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1 And, if it comes to it the Victoria Police may even ask them both to demonstrate how they
2 allegedly climbed over the fence (itself a criminal offence) without bending the top rail under
3 their weight!
4
5 I did check the website of Banyule City Council and noticed that regarding Code of conduct of
6 Councillors the following is shown:
7

8
9
10 https://www.banyule.vic.gov.au/About-us/Documents/Councillor-Code-of-Conduct
11 QUOTE
12 Contact us
13 1 Flintoff Street
14 Greensborough VIC 3088
15 Australia
16 Tel: +61 3 9490 4222
17 enquiries@banyule.vic.gov.au
18 Popular links
19 About us
20 For business
21 Careers
22 Translation services
23 Connect
24 Facebook
25 Instagram
26 Twitter
27 YouTube
28 Banyule City Council is proud to acknowledge the Wurundjeri Woi-wurrung people as
29 traditional custodians of the land and we pay respect to all Aboriginal and Torres Strait
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1 Elders, past, present and emerging, who have resided in the area and have been an integral
2 part of the region's history.
3 Our community is made up of diverse cultures, beliefs, abilities, bodies, sexualities, ages
4 and genders. We are committed to access, equity, participation and rights for everyone:
5 principles which empower, foster harmony and increase the wellbeing of an inclusive
6 community.
7 Banyule City Council accepts the invitation of the Uluru Statement from the Heart and
8 supports a First Nations Voice to Parliament enshrined in the Australian Constitution.
9 END QUOTE
10
11 Banyule City Council accepts the invitation of the Uluru Statement from the Heart and supports
12 a First Nations Voice to Parliament enshrined in the Australian Constitution
13
14 No it is not at all “enshrined”, and constitutionally the State has no legislative, executive and/or
15 administrative powers to deal with a “race”!
16 Constitutionally there is no provisions for an alleged “indigenous” Aboriginals, as it is simply a
17 fabrication.
18 Constitutionally there is neither a provision for traditional” owners/custodians as this too has
19 been a fabrication.
20 To me it shows a political game rather than a CODE OF CONDUCT.
21
22 As I understand Actor Ernie Dingo, Aboriginal descent, made clear that this Aboriginal
23 welcome, smoking, etc, was fabricated way back in the 1970’s.
24

25
26
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1 Well, obviously it appears to me that then mayor

2

3
4 And

5
6
7 could have the courtesy let alone the common decency to seek to find out what really was going
8 on! My wife nearly died because of the high heart rate but neither councillor could bother to
9 even apologise. And this is what I know too well regarding others who contemplated suicide,
10 murder and even mass-murder when I was for 37 years conducting a special lifeline service.
11 And, remember the 6 people murdered in Bourke Street? Well, 6 months before that I warned
12 both PM Malcolm Turnbull and then Premier Daniel Andrews about putting bollards up to
13 prevent a motor vehicle to unauthorised enter Bourke Street mall. I repeated the same in
14 December and the following months 6 people were murdered when both of them could have in
15 my view prevented this but couldn’t bother and only were there for photo opportunities.
16 So now Banyule City Council has increased the number of councillors by 2, and yet a councillor
17 cannot even manage to inquire what is going on, etc.
18 Now there are allegations that I must remove items because of having a store,. Which mentally
19 ill person is in charge at Banyule City Council to authorise this kind of utter and sheer nonsense?
20
21 Let me make something very clear. My wife was great with my teenage children of my second
22 marriage until she discovered that our newly special designed leather furniture was vandalized.
23 Then we had constantly people coming to our door, despite being told not to do so, to force me
24 to do their cases, even so I had already ample of cases and mind you always did so FREE OF
25 CHARGE. Then one day a person arrived at about 10am in the morning and didn’t leave until
26 about 02.30 am the next morning. That is when my wife asked me to either stop helping people
27 altogether or make sure they never again came to our property. As I held Olga had a right of
28 peace and tranquillity I simply banned everyone and made clear I would see anyone away from
29 home. That was more than 2 decades ago.
30
31 Now, any utter and sheer nonsense that I somehow have a store at the property then well let
32 Banyule City Council prove that people come to our property to purchase items! Let Banyule
33 City Council prove I am doing business and receive monies from others relating to any store!
34
35 What was done causing Olga’s hear rate to escalate to 121 was an utter disgrace and I can assure
36 you I am not going to let this go. Ultimately, the matters will be ending up before the courts and
37 regarding TORT Banyule City Council cannot claim that somehow the Tooth Fairy collects
38 teeth and so does a business in selling teeth, and on that basis they legitimately can rob my wife
39 and myself of safety, peace and tranquillity and endanger my wife’s life. She cannot even safely
40 go into her garden, what an utter disgrace!
41
42 I provided every councillor ongoing with details, and even if one had some brains then this
43 councillor should have contacted the CEO and ask what really is going on.
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 Page 8

1 In my view both the former mayor Councillor Castaldo and Hawdon councillor Mitsinikos
2 should have resigned already in disgrace.
3
4 What is this baloney about age promoted by Banyule City Council when terrorising a 91-year-
5 old woman who moved into (as now known) Viewbank some 50 years ago? If this is deemed
6 to care for the elderly well to me this is rather “elder abuse” by Banyule City Council. Now
7 Olga is in fear that even when I am unloading the car from shopping I better lock the door
8 because Banyule City Council staff may jump the fence and harm her.
9 This is pure terrorism and I have every intent to hold Banyule City Council legally accountable.
10 And the more Banyule City Council pursues their political persecution against me and harm in
11 the process Olga the more it will show to the court how maliciously it all has been.
12
13 I previously wrote that the stolen images on 6 and 7 September 2023 that each was going to cost
14 $1 million dollars, this because it was stealing my artistic work how I designed my property.
15 That doesn’t make it to be a “store”. As the creator of my art work it is up to me how much I
16 value it.
17
18 https://www.reuters.com/article/factcheck-rothko/fact-check-mark-rothkos-yellow-and-blue-painting-was-
19 sold-for-46-5-million-in-2015-not-2022-idUSL2N2VZ015/
20 Mark Rothko's 'Yellow and Blue' painting was sold for $46.5 million ...
21 31 Mar 2022 ... Mark Rothko's 'Untitled (Yellow and Blue)' was purchased for $46.5 million in May, 2015.
22 There is no evidence the artwork has been resold ...
23
24 http://www.wsj.com/articles/sothebys-sells-rothko-for-46-5-million-1431486062
25 Sotheby's Sells Rothko for $46.5 Million - WSJ
26 12 May 2015 ... 'Untitled (Yellow and Blue)' was expected to sell for $40 million to $60 million ...
27 Some paintings act like object lessons in tracking the global ...
28 QUOTE

29
30 QUOTE
31
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 Page 9

1 https://www.businessinsider.in/This-painting-just-sold-for-465-million-at-Sothebys-in-New-
2 York/articleshow/47264792.cms
3 This painting just sold for $46.5 million at Sotheby's in New York
4 13 May 2015 ... AFP Justin TallisEmployees of Sotheby's auction house pose with US artist Mark Rothko's
5 "Untitled (Yellow and Blue)" painted in 1954 which ...
6
7 https://www.fraserinstitute.org/blogs/untitled-painting-sells-for-465-million-good-buy
8 'Untitled' painting sells for $46.5 million—good buy? - Fraser Institute
9 1 Sept 2016 ... The sale of a Mark Rothko painting, “Untitled (Yellow and Blue)” is tailored made for that
10 kind of reader. “Untitled (Yellow and Blue)” is a ...
11
12 The issue is not if I find it worth $46.5 millionS but what the creator held it was worth.
13
14 On 25 Octiber 2023 becklegal lawyer M Metalf provided me with images of 107 Graham Road,
15 Viewbank property, and well I view each image would be worth $20 million, albeit one image
16 was tampered with and that I view adds another $10 million to it to become $30 million on its
17 own. The images in the 25 October 2023 correspondence therefore come to a total of 6 x $20
18 million and 1 x $30 million is $ 150 million. Why on earth would I bother trying to sell goods
19 when Banyule City Council by its unlawful conduct can provide me with so much monies?
20
21 Again, as a former banker you would know that interest on a drawn of a credit can be costly. I
22 discovered this when I had been purchasing items and later that evening despite having
23 something like 56 days or so free interest, nevertheless desired to immediately pay the monies. I
24 just used the credit card for security reason. Just that when seeking to transfer monies to the
25 credit card I had somehow done the precise the opposite. While I immediately noticed this and
26 then transferred monies back to the credit card to more than cover it, nevertheless for the about 1
27 minute I was still charged about $10.00 interest due to how the system works. I accepted that the
28 bank was entitled to charge for this, regardless it was my error, albeit if the bank makes an error
29 it can correct it without cost. This means that for about 1 minute I ended up $10 out of pocket.
30 Let translate this on hypothetically the trespass on 6 September 2023 which was say about 3
31 months ago and so about 90 days. Each hour has 60 minutes and this would be about:24 hours x
32 60 minutes x $10 = $14,400 a day. Multiply this by say 90 days this makes it 1,296,000 so far
33 and still counting and this doesn’t even include the trespassing on 7 September on the land and
34 then the trespassing and vandalism of the Ford AU and the trespassing on 29 November 2023 or
35 the unlawful demands by becklegal lawyer M Metcalf for (Banyule City Council) to demand I
36 remove items from my property. Neither about the damages caused on the various trespassing
37 days. And neither the extensive harm, nearly costing Olga her life, as result of it all. And all this
38 is merely upon an assumed $10 a minute but could be drastically more!
39
40 In my view the State Government would do better to simply replace Banyule City Council with
41 an Administrator who then will seek to come to some settlement with me (also on behalf of
42 Olga) as the ongoing escalating bill will be considerably. This utter and sheer nonsense about
43 having a store on the property and use this to severely harm Olga’s health and wellbeing, besides
44 all other issues cannot be let to go without legal accountability.
45
46 And, I have not even started about the harm inflicted by the covid scam mandates, “gene
47 therapy” DEPOPULATION jabs, the unlawful children vaccinations regarding “man-kind”
48 infectious diseases, etc, etc.
49
50 I understand that in the case of MORIATY v LONDON, CHATMAM & DOVER RY Queen’s
51 Bench 1870 L.R. 5 Q.B. 314;39 L.T.Q.B. 109;22 L.T. 163;34 J.P. 692;18 W.R. 625 in which the
52 plaintiff sued a railway company for personal injuries sustained and this plaintiff has gone about
53 suborning false evidence and it was held by the Court that even so the plaintiff would have had a
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1 genuine and justify to case to sue normally, by the plaintiff conduct to suborn false evidence
2 this was seen by the Court that this conduct amounted to an admission that he had no case.
3
4 This means that with Angela O’Brien and her accomplish making any false/misleading claims as
5 to how they entered the property may alone be sufficient for a court to hold Banyule City
6 Council lacks any legal justification.
7 The fabrication of that there is a store on the property also may be an issue.
8 The allegation of the Fire Rescue Victoria report may yet also be another issue for the Court to
9 consider.
10 The allegation by Angela O’Brien that the Ford AU had not been moved for 2 months, etc, also
11 is another issue.
12
13 Mind you, I offered Banyule City Council to make an offer to settle but it was ignored. It could
14 have avoided escalating cost. Instead, it persisted with engaging becklegal and make further
15 demands and further trespassing and damages as well as nearly caused Olga to die due to the
16 high heart rate. Well, there has to be legal accountability this also as to make it a deterrent for
17 Banyule City Council to ever engage in such terrible conduct as well as for other councils to be
18 aware of not engaging in such kind of conduct.
19
20 I deliberately, such as in my 4 November 2023 writings, made clear that a property can only be
21 permitted to be accessed from the road. Where on earth did Banyule City Council get the gal to
22 trespass time and time again upon my neighbour’s property? Where is the legislation to show it
23 can do so? The moment Banyule City Council, even if purportedly it had obtained permission to
24 enter the neighbour’s property, did so to unlawfully enter my property then the possible
25 permission by the neighbour would have no legal meaning as the neighbour cannot allow access
26 to his property merely for Banyule City Council to commit criminal acts to trespass upon my
27 property!
28
29 As Olga gave me the understanding that Banyule City Council can state its mantra in the
30 Banyule Banner about caring for the elderly when they are over 60 but the reality is not a single
31 councillor showed a grain of care (so you also) to even bother to check about Olga’s health
32 condition and the harm inflicted upon her, besides all other issues. It was just well Banyule City
33 Council can do whatever and we just sit on the sideline and let it all go on.
34
35 Why have more councillors when in reality they to me seem to do less and not even do the basics
36 as to show concern regarding any harm to residents.
37
38 Perhaps that is why the CODE OF CONDUCT seem to be missing precisely the CODE OF
39 CONDUCT and only goes about the WOKE and unconstitutional Aboriginal alleged rights.
40
41 Like it or not, I, representing myself, defeated the Australian Electoral Commission in AEC v
42 Schorel-Hlavka in both cases, even so all 9 Attorney-Generals were served with the NOTICE
43 OF CONSTITUTIONAL MATTER. That ought to make clear that I am not the kind of
44 person to be ignored.
45
46 Olga, in the last years of her life now has been considerably burdened due to the unlawful
47 conduct by Banyule City Council and for what? For some persons in Banyule City Council to
48 unlawfully use their power perhaps to pretend how good they are? And, despite my extensive
49 writings no one bothered to say: Let us stop this and investigate if what is being pursued is
50 lawful!
51
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1 Why not?
2
3 You were previously a mayor and surely ought to have had a proper understanding that
4 terrorising residents cannot be part of the operations of any council?
5
6 Well, you are mayor again and you better so to say get of your backside and sort out the entire
7 mess as I do not fear Banyule City Council whatsoever and already indicated I will no longer pay
8 any unconstitutional “council rates” (purportedly being a State land taxation) as I showed NSW
9 State Government already acknowledged that since 11 November 1910 it no longer had any
10 powers to raise State land taxation, albeit (wrongly) claim they got it back in 1953, this even so
11 the constitution doesn’t provide for any mechanism to return former State legislative e
12 “concurrent” power once it became “exclusive” Commonwealth powers.
13
14 And the misuse of those alleged “council rates” for councillor’s pet projects may also going to
15 haunt former and current councillors to have to refund it all.
16 And before Banyule City Council may pursue matters against me using perhaps grossly
17 incompetent lawyers it better understand that the State were created in Section 106 of the
18 Commonwealth of Australia Constitution Act “subject to this constitution” an d if those
19 lawyers lack proper understanding what legal principles are embedded in the constitution then
20 this can only balloon out to more problems for Banyule City Council.
21
22 Olga and I were just minding our own lives and entitled to live on our ESTATE IN FEE
23 SIMPLE property how we desires and it was for our own benefits. If the State Government
24 and/or Banyule City Council didn’t appreciate what I was writing about then instead of pursuing
25 some political persecution it could simply have addressed the issues I raised. In the process
26 many Australian might have been saved from the covid scam injuries, death, etc. Well,
27 ignorance is no excuse! I did not have to set out in considerable details, as I for example did in
28 my 4 November 2023 writings what relevant legal principles are about. I did so in an attempt to
29 so to say wake up those involved that they were going the wrong way, but those with tunnel
30 vision simply usually are blatant ignorant to it all. This makes no excuse for them!
31
32 Now that you are mayor again, you so to say better get of your backside and seek to avoid
33 further additional problems and escalation. Perhaps, get a second opinion from lawyers who
34 understand relevant legal issues? If you are married, something I never checked out mas it is not
35 my business to know, and it was your wife who was to much harmed, then would you then
36 ignore it all or pursue to hold the wrong\doers legally accountable?
37
38 What really is so crazy about it all is that not until 2020 could one see the new fence being build
39 and so the front gates, whereas prior to that the only gates were next to the house. Meaning that
40 legally Banyule City Council staff if they had any questions could have walked to the front door
41 and while doing so seen whatever to be seen without diverting from the shortest way to the front
42 door. When Banyule City Council was already spying on the property and so violating our
43 privacy by aerial images, why then if there had been any real fire issue not check this out in
44 2018, 2019 and 2020 before the front gates were also fitted at the front of the driveway? A court
45 may question why on earth trespassing if Banyule City Council had years to simply legally walk
46 onto the property and yet didn’t bother to do so? Hardly showing any real concern that some
47 store might be operating on the property or that there was any real fire danger. As such, the real
48 intent appears to all along have been to spy on me as a way to pursue political persecution and
49 use excuses of fire danger, store, etc. And to overplay the hand also to vandalise a lawfully
50 registered and parked motor vehicle on 7 September 2023 as so to say shove it up to me.
51
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1 Angela O’Brien should have known from the motor vehicle registration that the vehicle was
2 registered in the name of Olga Hlavka-Schorel and likewise so Banyule City Council
3 correspondence, etc, and so why then in the purported 29 November 2023 notification refer to
4 Mr and Mrs Schorel-Hlavka?
5
6 And to my knowledge Banyule City Council (so its predecessor) never mowed the nature strip,
7 this even so it falls under Banyule City Council responsibility. Legislation cannot for residents to
8 keep the nature strip in a particular order and when I was starting to pave the area to avoid this
9 unsightly view Banyule City Council made clear it was not my right to do so. And well, Banyule
10 City Council therefore regarding the nature strip and at numerous other locations actually is in
11 violation of fire protection legislation! So do not come with the crap about fire safety where
12 Banyule City Council (and I admit numerous other councils) are all blatantly violating fire legal
13 provisions. In my view, it is all about trying to fine residents while blatantly ignoring its own
14 failure to fire safety! And many years Iago I actually wrote in about this fire danger (not then
15 relevant to Banyule City Council) to the fire brigade and well nothing came from it regardless of
16 the images I produced because it simply doesn’t serve the purpose to terrorise citizens.

17
18
19 The 4 pictures below are of Banyule City Council (2014), how it seems to comply with the Fire
20 Authority Act 1958!

21
22
23 Look at the photo below how high the weed/grass is! Weed much more higher than 100mm!
24

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1
2
3 Look at the photo below how the slashed weed/grass is left as a fire danger!
4

5
6
7 What this shows is grass/weed in excess of 1 metre high and the lower picture shows that what
8 was slashed/cut is simply left to dry out and rot, as another fire danger.
9
10 For years I have promoted the following sign that I created, well aware motorist generally do not
11 realise their hot exhaust can cause a fire if they drive into a soft shoulder:
12

13
14
15 Unsuspected motorist not realising their hot exhaust could cause a fire if they pull over into the soft
16 shoulder of the road as such are warned about this!
17
18 The following are images, albeit not related to Banyule City Council how along the highway
19 there are fire dangers but councils do nothing about it, year after year, while terrorising residents
20 about fire dangers!
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2
3
4 Not only are Fire Prevention Notices invalidly issued and misused and abused but the real fire
5 danger is ignored! (See arrows below)

6
7 The arrows show the height of the weed as a fire danger regarding the 21-11-2016 Swan Hill area.
8 Photo above shows below the arrows the height of the weed as a fire danger regarding the 21-11-2016
9 Swan Hill area.(Note: Swan Hill is not within the Buloke Shire area but is referred to as to indicate the
10 high weed as a fire danger.) Weed much more higher than 100mm!
11

12
13 20161110_175026 Outside Whycheproof towards Charlton. Weed much more higher than 100mm!
14

15
16 20161110_175052 Outside Whycheproof towards Charlton. Weed much more higher than 100mm!
17
18 Photos (below) taken 10-11-2016 The following shows dead branches for years left as a fire danger.

19
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1
2

3
4 Above 20161110_182050 Dead branches everywhere
5
6 Below 20161110_182102 showing (with arrows) the high weed and the loads of dead branches build up
7 over the years and never attended to despite my pictures of the same over the years having been provided!

8
9

10
11
12 Numerous like pictures showing build-up of dead branches and high unattended weed growth have been
13 taken by me and obviously then it must be asked what on earth is Municipal Fire Prevention Officer Mr
14 Wayne Wall and so Buloke Shire Council doing other than pestering/terrorising private land owners well
15 beyond what the Country Fire Authority Act 1958 permits? Weed much more higher than 100mm!
16

17
18

19
20
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1
2
3 http://agriculture.vic.gov.au/agriculture/pests-diseases-and-weeds/weeds/roadside-weeds-and-pests-report
4 Roadside Weeds and Pests Report
5 QUOTE
6 Placing responsibility on road managers for implementing arrangements for effective on-site
7 management of weeds (other than State prohibited) and rabbits was chosen as road managers generally
8 have access to weed management capabilities and some control might already be occurring as part of
9 broader weed, vegetation and rabbit control to promote road management objectives (such as vehicle
10 safety, fire hazard reduction, maintenance of roadside amenity, etc). The Working Party agreed with the
11 BDA Group that placing on-site management responsibility for the control of roadside weeds and
12 rabbits on adjacent landholders was not a satisfactory option due to the wide variation in circumstances,
13 capabilities and lack of private incentives for such action by these stakeholders.
14 END QUOTE
15
16 http://agriculture.vic.gov.au/agriculture/pests-diseases-and-weeds/weeds/roadside-weeds-and-pests-report
17 Roadside Weeds and Pests Report
18 QUOTE
19 Placing responsibility on road managers for implementing arrangements for effective on-site
20 management of regionally prohibited weeds, regionally controlled weeds andrabbits was chosen as road
21 managers generally have access to weed management capabilities and some control might already be
22 occurring as part of broader weed, vegetation and rabbit control to promote road management objectives
23 (such as vehicle safety, fire hazard reduction, maintenance of roadside amenity, etc). The Working Party
24 agreed with the BDA Group that placing on-site management responsibility for the control of roadside
25 weeds and rabbits on adjacent landholders was not a satisfactory option due to the wide variation in
26 circumstances, capabilities and lack of private incentives for such action by these stakeholders.

27 Cost-sharing between State Government and councils regarding regionally controlled weeds and rabbits

28 Cost-sharing between the State Government and councils has been proposed for activities to manage
29 regionally controlled weeds and rabbits on municipal roads.

30 Two types of cost-sharing to support the efficient management of such activities were identified by the
31 consultant:

32  funding for capacity building by councils to manage regionally controlled weeds on roadsides, which
33 could include development of weed and rabbit management plans, training, weed mapping, skills
34 development and equipment. This type of capital funding support lends itself to a grants program;
35 and/or

36  funding to meet incident response costs which are not known in advance although councils would be
37 seeking certainty in the funding support available. This suits formulae based funding support (e.g.:
38 dollar for dollar cost-sharing).

39 In both cases appropriate cost-sharing governance processes would be needed to ensure council decision-
40 making did align with broader state interests, that full compliance was being achieved, and cost shiftin g in
41 relation to the management of other weeds species did not occur. Importantly, the administrative and
42 governance processes would not need to be established on a 'weed by weed' basis. Rather annual reporting
43 on the implementation of a Council's Roadside Weed and Rabbit management plan should suffice, subject
44 to the State Government having access to independent and robust advice on whether the treatment of
45 regionally controlled weeds and rabbits aligned with catchment objectives.

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1 Methodology for councils to discharge their responsibilities regarding regionally controlled weeds and
2 rabbits

3 The Working Party considered that local government's responsibilities for controlling these categories of
4 pests need to be separated from those of other land managers and defined in terms of planning and
5 delivering on agreed priorities, rather than meeting defined responsibilities for long lists of weeds declared
6 under the CaLP Act.

7 Local government's obligation to manage regionally controlled weeds and rabbits in relation to municipal
8 roadsides, needs to be limited to where the following criteria are met:

9  sustained community led action, by an appropriately recognised group (e.g. Landcare, a statewide or
10 regionally based community led group), is making progress in managing target regionally controlled
11 weeds or rabbits in a defined geographic location;

12  roadside weed management is needed to meet the objectives of this community led group and/or
13 roadsides represent a significant pathway of spread for the targeted regionally controlled weeds or
14 rabbits;

15  State and regional (CMA) priorities are being appropriately addressed, including the need to contain
16 priority species and to protect key assets both on the roadsides and in the surrounding private and
17 public land; and

18  Community led action is clearly producing public benefit.

19 Although, their role may be extended to other conditions and species if a local government body so desires
20 and if it is prepared to fully fund such extra activity.

21 The provisions in Division 5 (s 50) of the Road Management Act 2004 for the development of a council
22 road management plan, could be a useful model for councils to adopt regarding controlling weeds and
23 rabbits on municipal roads within their jurisdiction.

24 The Act (S.50) defines the purposes of a road management plan as follows:

25 The purposes of a road management plan are having regard to the principal

26 object of road management and the works and infrastructure management

27 principles-

28 (a) to establish a management system for the road management functions of a road authority which is
29 based on policy and operational objectives and available resources; and

30 (b) to set the relevant standard in relation to the discharge of duties in the performance of those road
31 management functions.

32 Thus, local government would have its role defined as preparing and implementing an agreed 'Roadside
33 Weed and Rabbit Control Plan' that would include measures to minimise roadsides as a source of weed and
34 rabbit problems for others. Implementation of the Plan would be cost shared with the State Government.
35 However, weed hygiene measures, such as minimising the risk of seed spread on machinery used on
36 roadsides, would need to be met by local government funding.

37 In preparing the plan the municipality will be required to consult with its community on a range of matters.
38 These could include:

39  Philosophical approach to weed and rabbit control

40  Level of resources available to devote to weed and rabbit control

41  Priority species of weeds for control

42  Method of treatment
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1  Other local issues relating to weeds and rabbits on roads.

2 The responsibility to consult could be extended to other stakeholders, e.g., CMA, DSE, DPI and others
3 regional/state organisations. This may assist the Plan to be integrated with the wider plan(s) for the
4 catchment(s) in which the municipality was located.

5 Each council would have the flexibility to determine the methods of delivering the Plan.

6 To assist a council to prepare its Plan, the arrangements for State Government co-funding of
7 implementation of the Plan would need to be communicated to each council prior to commencement of the
8 development of its Plan.

9 The Working Party recognised that DPI may need to support some councils with the development of an
10 initial Plan.

11 Also, the Working Party considered a possible funding model that could be used to allocate State
12 Government funds to each council to assist with implementation of its Plan. The funding model allows for
13 different levels of funding being provided to a council based on its level of 'financial stress', i.e. size of a
14 council's road network (and therefore assumed size of weed and rabbit control issues) relative to its
15 capacity to raise funds from municipal rates.

16 A description of a possible cost-sharing funding model for councils with a rural road network, is in
17 Appendix 2.

18 The key elements in the proposed model are:

19  Each council would receive the same quantum of annual funding from the State Government for
20 administration of its Plan;

21  Each council would be eligible to receive the same maximum quantum of annual funding (not cost
22 shared) from the State Government for implementation of its Plan. Actual amount received determined
23 by operational costs in Plan;

24  The actual quantum of funding for administration and for 'non cost shared' operations (see previous
25 two dot points) would need to be determined by the State Government in consultation with MAV.

26  Each council would be eligible to apply for a further quantum of annual funding for operational
27 aspects of its Plan from the State Government, which would be matched by the council with the ratio
28 for cost sharing being based on 'the level of stress' of each council;

29  The method for determining the ratios to be used would need to be developed by the State
30 Government in consultation with MAV;

31  The total amount of State Government funds available for each council would be influenced by the
32 total amount of State Government funds available for management of noxious weeds and rabbits on
33 roadsides;

34  The maximum amount of State Government funds available to any council would be capped at the
35 amount determined by the State Government in consultation with MAV; and

36  Any expenditure by a council above the maximum funding level agreed with the State Government
37 would be fully funded by a council.

38  It could be legislated that a Plan must include a number of matters so that it can be considered
39 "reasonable", for example:

40  Priority weeds for control during the period of the Plan would be listed;

41  A list of principles (if and when defined) to be met so that a council adopting this methodology for
42 discharging its responsibilities regarding Regionally Controlled weeds and rabbits, is deemed to
43 comply with its legislative obligations;

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1  Response of a council if principles are met;

2  DPI auditing of Plans to ensure that they comply with any legislated principles;

3  Plans should be reviewed every 4 years.

4 Such an approach to managing regionally controlled weeds and rabbits on roadsides adopts the suasive
5 policy instrument identified in the BDA Group's report. It allows local government to engage the
6 community in identifying local priorities for weed and rabbit control and develop acceptable response
7 strategies whilst maintaining control of resource commitments. It imposes a responsibility of leadership on
8 local government but allows each council to manage the burden of weed and rabbit control in such a
9 manner that it remains affordable both to it and the State Government.

10 However, it should be noted that BDA Group advised that 'there were many Regionally Controlled weeds
11 present on roadsides which were not currently being managed. While there were a range of reasons for this
12 (including ……; lack of resources;….)'. Implementing the approach recommended by the Working Party
13 will not, by itself, necessarily provide the desired level of control for all roadside weeds and rabbits. For the
14 proposed approach to be successful, adequate State Government resources must be made available to
15 facilitate and encourage active participation by local government in the management of roadside weeds and
16 pests.
17 END QUOTE
18
19 I over the years took many thousands of images about real fire dangers, including in Banyule and
20 while councils may in case of a fire claim that it had nothing to do with any loss of life, I on the
21 other hand may provide images proving that a particular council for years on end actually
22 neglected to comply with fire safety procedures, etc, and may have been the culprit of particular
23 fires having caused the loss of life.
24 Becklegal lawyer M Metcalf in her 25 October 2023 correspondence referring to the Fire Rescue
25 Victoria alleged report may have done better not to make such claim, as I can produce numerous
26 images from Banyule showing disregard to fire dangers.
27
28 Also for the nonsense about “diversity” what is wrong with you people to be crazy about
29 Aboriginals but disregard numerous other races who have considerably contributed to what
30 Australia is about? Consider the Afghans, Chinese, Italians, etc. Is this purported “inclusion” to
31 exclude other races? “Inclusion” to be “excluded”?
32 The same with this utter and sheer nonsense about climate change. So councils were dumping
33 100% of recycling material in general landfill garbage because they couldn’t get rid of it
34 elsewhere. And generally about 95% of recycling is reportedly dumped anyhow in landfill. The
35 very principle issue that councils were to perform since even before federation after 120 years
36 proved still not having been able to manage. Too busy terrorising residents and playing politics
37 and no time to deal with the real core issues. Give me a break and address the real issues!
38
39 So much more to state but for the moment plenty for you and others to consider!
40
41 We need to return to the organics and legal principles embed in of our federal constitution!
42
43 This correspondence is not intended and neither must be perceived to state all issues/details.
44 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

45 MAY JUSTICE ALWAYS PREVAIL®

46 (Our name is our motto!)

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