WITHOUT PREJUDICE
Chairman Peter Vogel 22-8-2017
(And other members of the Board of Directors) GWMWater
5 info@gwmwater.org.au
Ref: 2305224
Sir,
despite my various writings, upon which I rely upon, you didnt even seem to bother to
10 respond to my 25-1-2016 correspondence. Neither to my 24-1-2015 and other correspondences
appropriately.
GWMWater and the ATO ruling that water service charge is not a tax but a fee for service.
5 Mr ANDREWS (Mulgrave) - It is a pleasure to speak in support of the Safe Drinking Water Bill. This bill forms part of the
government's strategic approach to water management, with specific attention being paid to water quality and risk
management as matters of public health. It is worth noting that this is a debate about public health and about making sure
that each community across our state has access to the highest quality water. It is also worth noting that this bill has been
introduced by the Minister for Health as a matter of public health.
10 The bill has four specific objectives. Before going on to those I welcome the support shown by the Liberal and National
parties for this bill. Every endeavour has been made to try to provide as much information as possible.
END QUOTE
END QUOTE 31-12-2014 CORRESPONDENCE
15 One of the issues the EWOV has claimed (on behalf of GWMWater) is that GWMWater as an
authority can charge me as a landholder (property owner) regarding water supply irrespective if I
am or not connected to water supply.
END QUOTE 24-1-2015 CORRESPONDENCE
20 It is clear that the Safe drinking water Act 2003 was enacted that ALL VICTORIANS were
entitled to safe drinking water as from 1 January 2004.
GWMWater was created in 2004 but blatantly as a government owned corporation ignored the
rule of law. It did so also in 2005, 2006 and 2007 when they it got the Minister to provide an
exemption during that year.
25 The problem is that as I was given the understanding by residents of Berriwillock (farmers) was
that if they agreed to keep supply of untreated water then they would keep a cheaper water rate.
Basically go to hell for the consumer who uses the grain grown in Berriwillock and surrounding
areas where toxic untreated water is accumulating and so compounding the toxicity of grain that
is sold in breakfast cereals as healthy!
30 And so to residents in the townships who have no need to have a lower water price for
untreated water where they then are considerably out of pocket to pay for drinking water. Yes
do a round trip of 40 kilometres or more to purchase water bottles and see how much cheaper this
is concerning the lower water rates for untreated water.
And the Department of Health itself on its website warns against consuming untreated water.
35 I warned all state members of parliament on 15 July 2016 and also against on 21 December 2016
specifically about possible mass murder naming Bourke Street Mall specifically. Well not a
single member of parliament, including the premier bothered to take appropriate action. And then
on 20 January 2017 some 6 people were killed in Bourke Street, and another more than 2 dozen
injured. My written warnings are now part of the coroners Court inquest!
40 I suspect the same tragic end may result if some say school bus travels in the Berriwillock area
and small children at a stop drink the untreated water and may not just fall seriously ill but
even die. I then would like to see the board of GWMWater all be charged with manslaughter! It
cannot be involuntary manslaughter because I made warning after warning and still question if
my Uncle G. Schorel (we had the same Christian and surnames) died within hours of arriving at
45 Berriwillock due to the consuming of untreated water albeit at that time it was never
considered as an issue. However in view that I fell violently ill in my last three trips to
Berriwillock I view that there is an association to the untreated water. I did bring along my
own drinking water for the time I (attended to the property however never realised that when I
visit friends (neighbours) they then use untreated water for making coffee. As the boiling of
50 untreated water doesnt get rid of the toxins in the water, it must be clear that coming from
Melbourne it easily caused health problems to me.
I also noticed that the notice states that a penalty interest of 5.5% per annum now applies. I
understood that the State of Victoria sold its State Bank and as such I view this is a fraudulent
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Page 4
charge as without a State
Bank the state cannot apply any interest charges.
The legal doctrine of ex turpi causa non oritur action denies any remedy to a litigant
5 (including a prosecutor) who does not come to court with clean hands.
If your own action is very unlawful and very unethical, if you come to court with Dirty Hands
best not to question others legality, morality, and ethics!
I understood from Mr Bruce Godwin that GWMWater went around asking them if they wanted
safe drinking water or maintain to continue to use the same untreated water as that was cheaper.
20 Allegedly the farmers opted for the continued cheaper water. However, in my view this holds no
water, this as the legislation doesnt provide for this. It is not for some people to vote and deny
others their rights to safe drinking water. Neither can it be claimed by GWMWater that there was
no monies for upgrading since 2003, this as I understood the Government provided about $467
million for the upgrading of water supplied to comply with the legislation.
25 What we therefore seem to have a massive payout for directors to run as Government owned
corporation which flaunts the law from onset. Then uses deceptive/fraudulent conduct to seek
exemption from compliance.
Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958). "No state legislator or executive or judicial officer can war
30 against the Constitution without violating his undertaking to support it." The constitutional theory is that we the
people are the sovereigns, the state and federal officials only our agents." "The individual, unlike the corporation,
cannot be taxed for the mere privilege of existing. The corporation is an artificial entity which owes its existence and
charter powers to the state; but, the individual's rights to live and own property are natural rights for the enjoyment
of which an excise cannot be imposed."
35
Redfield v Fisher, 292 P 813, at 819 [1930] "...an officer may be held liable in damages to any person injured
in consequence of a breach of any of the duties connected with his office...The liability for nonfeasance,
misfeasance, and for malfeasance in office is in his 'individual' , not his official capacity..."
70 Am. Jur. 2nd Sec. 50, VII Civil Liability
40 Fraud destroys the validity of everything into which it enters,
Nudd v. Burrows, 91 U.S 426. Fraud vitiates everything
Boyce v. Grundy, 3 Pet. 210 "Fraud vitiates the most solemn contracts, documents
and even judgments."
45 U.S. v. Throckmorton, 98 US 61 WHEREAS, officials and even judges have no immunity (See, Owen vs. City of
Independence, 100 S Ct. 1398; Maine vs. Thiboutot, 100 S. Ct. 2502; and Hafer vs. Melo, 502 U.S. 21; officials
and judges are deemed to know the law and sworn to uphold the law; officials and judges cannot claim to act in
good faith in willful deprivation of law, they certainly cannot plead ignorance of the law, even the Citizen cannot
plead ignorance of the law, the courts have ruled there is no such thing as ignorance of the law, it is ludicrous for
50 learned officials and judges to plead ignorance of the law therefore there is no immunity, judicial or otherwise, in
matters of rights secured by the Constitution for the United States of America. See: Title 42 U.S.C. Sec. 1983.
"When lawsuits are brought against federal officials, they must be brought against them in their "individual"
capacity not their official capacity. When federal officials perpetrate constitutional torts, they do so ultra vires
(beyond the powers) and lose the shield of immunity."
55 Williamson v. U.S. Department of Agriculture, 815 F.2d. 369, ACLU Foundation v. Barr,
952 F.2d. 457, 293 U.S. App. DC 101, (CA DC 1991).
10 As such directors, etc, can stand trial for any harm inflicted upon people, including myself
having provided directly/indirectly untreated water that caused me to become ill.
Hansard 1-3-1898 Constitution Convention Debates
QUOTE Sir JOHN DOWNER.-
I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond
15 the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say
that there shall be embedded in the Constitution the righteous principle that the Ministers of the
Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as
any private person would be.
END QUOTE
20
As I made known years ago, my wife, not the mother of Richard, offered to settle the account for
$300.00 but that was never accepted by GWMWater, but as I understand it instead it was sold for
less to a Creditcollect a debt collector. However, they came to my residence and I explained
matters and after that they didnt bother me again.
25 It should be clear I reject the supply of untreated water and cannot be forced to pay for
something I did not desire. I am however entitled to safe drinking water, which GWMWater I
view unlawfully refuses to supply.
While GWMWater claimed that by law it can charge water supply, etc, as I pointed out and even
cited the address of someone who has a property in Victoria and has no water bills at all. As such
30 it appears to me GWMWater is using dishonest tactics also.
.
Again, it is to my understanding a legal requirement that recycled water is provided through
special coloured code pipes. GWMWater fails to do so, at least to my Berriwillock properties.
My 24 November 20126 correspondence did set out the failure of appropriate signage by
GWMWater, etc.
GWMWater itself raised the issue to involve the Ombudsman only for the Ombudsman to
indicate it is a legal issue the Ombudsman could not deal with.
.
45 http://www.srw.com.au/Files/General_publications/1010032_Are_you_using_unsafe_river_water_WEB.pdf
QUOTE
http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=ASSE
MBLY&speech=22882&activity=Second+Reading&title=SAFE+DRINKING+WATER+BILL&date1=10&date2=
April&date3=2003&query=true%0a%09and+%28+data+contains+'safe'%0a%09and+data+contains+'water'+%29
10 10 April 2003 ASSEMBLY SAFE DRINKING WATER BILL Ms PIKE (Minister for Health)
25 END QUOTE
Again:
protect public health in Victoria in relation to drinking water supplies;
create a consistent statewide regulatory framework for drinking water quality;
30 and
provide communities with the opportunity to establish local non-health-related standards
for drinking water quality;
In my view untreated water supplied by GWMWater is in clear violation with what the
35 Minister presented to the Parliament and I view not intended to be allowed by the Minister.
Sir/Madam,
further to my 23-12-2012 correspondence I noted that as yet you failed to respond
appropriately, that is to me, as to refunding to me the monies which GWMWater overcharged for
15 numerous years. Obviously, I also seek interest for the falsely claimed and obtained monies by
GWMWater, and to consider that the many of the bills that were on account of and addresse to
and forwarded to Richard Schorel and later to myself refer to:
Untreated water supply not suitable for drinking or food preparation without further
20 treatment
. END QUOTE 17-2-2013 CORRESPONDENCE
As I understand it, we have such a thing as a Victoria's Charter of Human Rights and
Responsibilities, and that has been in existence for some years now.
25 .
With GWMWater seeking to rely upon legislative provisions then consider also that you are
bound by the correct interpretation of the legislation. Hence, any discrimination is unlawful. So
where the legislation
QUOTE Water Act 1989-Vic-89-80a099B
30 domestic and stock use, in relation to water,
means use for
(a) household purposes; or
(b) watering of animals kept as pets; or
(c) watering of cattle or other stock; or
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(ca) in the case of the curtilage of a house and any outbuilding, watering an area not exceeding
12 hectares for fire prevention purposes with water obtained from a spring or soak or water
from a dam; or
(d) irrigation of a kitchen garden but does not include use for dairies, piggeries, feed lots, poultry
5 or any other intensive or commercial use;
END QUOTE Water Act 1989-Vic-89-80a099B
Clearly the legislation provides for Domestic and stock usewhich includes household
purposes, whereas the bills provided to Richard as well as to myself provides for:
10 QUOTE 17-2-2013 CORRESPONDENCE
Untreated water supply not suitable for drinking or food preparation without further
treatment
END QUOTE 17-2-2013 CORRESPONDENCE
15
I therefore seek further and better particulars regarding the qualification of what constitutes
drink water household usage domestic usage, etc.
Why indeed can the legislation purportedly applying to all Victoria have a different application
20 in different parts of Victoria? After all, in Melbourne my water bills do not disclose
QUOTE 17-2-2013 CORRESPONDENCE
Untreated water supply not suitable for drinking or food preparation without further
treatment
25 END QUOTE 17-2-2013 CORRESPONDENCE
Therefore, it appears to me that there is a discrimination going on between city residents and
those in the country. And this while the Wanthaggi desalination plant is not used to supply
suitable drink water. it is beyond me why GWMWater has not sourced water from this idle
30 desalination plant to ensure it wouldnt discriminate against citizens in country area;s.
You cannot pick and choose which parts of the legislation you selectively seeks to rely upon
while blatantly disregarding others.
35 What was/is the strategy of GWMWater to provide suitable drinking water to all Victorians that
are served by it?
Why indeed, should Victorians have to purchase drink water from other sources and incur a huge
cost in addition to what GWMWater already is charging?
.
40 There are such a things the National Groundwater Action Plan - Victorian Projects,
Environment Protection Act 1970 70-8056a172 and Sustainable Water Strategies to name a
view, and my wifes late husband Mr Jaroslav Hlavka M.I.E. Aust CP ENG extensively wrote
about how groundwater could be in a sufficient manner used for supplying all Victorians with
drink water, this while he was employed with Melbourne Water (as it then was called)..
45
As for concession issues, let make it very clear I took the Department of Human Services to the
Supreme Court of Victoria when it unlawfully had obtained a warrant to arrest my 2 year old
daughter and defeated them in court. In fact the trail judge made clear the warrant was unlawful,
as it sought to undermine earlier Supreme Court of Victoria court orders. As such, the
50 Department of Human Services all along was aware I was entitled to concessions because it
provided the concession card to me in the first place, in 1986! and it was on the Berriwillock
address, until 28 March 2001, being then my principle residential address. And as far as I recall it
Page 8 22-8-2017 G. H. Schorel-Hlavka O.W.B.
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Page 9
GWMWater was at the time notified about the concession card, but seemingly ignored to take
appropriate action about it. I do not run the office in GWMWater and so do not hold me
accountable for its errors and failures, as I have no ordinary access to its files anyhow to check
up what it has or hasnt on the files documented. Safe to say that GWMWater to my
5 understanding overcharged me for year after year and where GWMWater seems to charge
interest on overdue monies then likewise a customer wrongly overcharges is entitled on
compounding interest. and those overdue monies are coming rightfully to me and not to be
confused with Richards contract with GWMWater and any overdue payments by him to
GWMWater.
10
Neither do I agree with the reference of the section of the Water Act that somehow the bills
(Richards Account Holders Bills) can be put against me, as the section doesnt pursue it as such,
rather that you are taking it out of context.
QUOTE 17-2-2013 CORRESPONDENCE
15
I understand that GWMWater was created in 2004. I will now include some details from
GWMWater website:
QUOTE
GWMWater: Home
20 www.gwmwater.org.au/
6 days ago - GWMWater is a government-owned statutory corporation established in
2004 with a responsibility to provide, manage, operate and protect ...
25
http://www.gwmwater.org.au/about-us/mission-vision-and-values
Our mission
Providing innovative and affordable services through partnerships with stakeholders, customers and
the community.
5 Our vision
Sustainable water for regional growth, a healthy environment and vibrant communities.
Our values
Customer
We will promote a culture that respects the views of our customers and our
people with a 'can do' approach.
Organisation
Accountable
We will be accountable for the actions we take and responsible for those we
influence.
Transparent
Efficient
We will ensure that the performance of our people, assets and resources are
optimised in the provision of services.
Disciplined
We will ensure that our policies and processes support a consistent attainment
of quality and safety in all aspects of our operations.
Further information...
About us
END QUOTE
5 http://www.gwmwater.org.au/about-us/executive-management-team
QUOTE
Executive Management Team
Last Updated: 03 July 2017
Our experienced Executive Management Team brings a wealth of experience, diversity and
10 innovation to GWMWater.
The Executive Team ensures the smooth day-to-day operation of GWMWater, as well as
implementing strategic direction as determined by the board. They're responsible for managing key
business areas such as stakeholder management, finances, service delivery and infrastructure.
Leading our dedicated and expert staff, the Executive Team ensures that GWMWater maintains its
15 reputation as an outstanding water corporation.
END QUOTE
Then again you may just realise that you are on a slippery slope and refund me the unlawful past
charges I paid and stop the rot. And you might even, before perhaps some of your own family
members fall ill or even die from drinking untreated water, get of your backside and fix up the
10 darn system to comply with the rule of law that every Victorian is entitled to safe drinking water
supply. Dont forget the sewerage system either!