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WITHOUT PREJUDICE The Executive Officer Electoral Matters Committee, 4-7-2011 Parliament House, Spring Street, East Melbourne, Vic 3002 Email c/o mark.roberts@parliament.vic.gov.au Ref; SUBMISSION Supplement 5
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Sir/Madam, I provide this supplement 5 because of the importance to candidates and elections.
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Why holding elections? I was asked yesterday why are elections held and I commenced to explain that is to elect Members of Parliament or councillors to represent the constituents. I was then asked how then can a person make an informed decision when the candidates are using their election campaign to smear other candidates and to promote issues or canvas issues they are after the election acting opposite to what they were claiming during the election! As such why should an elector vote at all when most candidate promise a lot but once elected acts in contrast to what the election campaign was about. Myself I refuse to vote in elections, even so being a candidate because I do not want my vote to be used for any other candidate who might be deliberately cheating the electorate and the way elections are regulated the vote of the least number of votes of a candidate is passed on to other candidates until one candidates achieve more then 50% of the votes. The system as such is not one that I oppose as to the distribution of votes as the Framers of the constitution recognised that each State could devise its own electoral system of dealing with preference voting but obviously the Framers of the Constitution never then anticipated that so to say crooks would get a so to say free ride to deceive the electorate and get elected and then betray the very electors that got him/her into the seat. It has been argued that the payment per vote is because elections are educational. Well, consider my expenditure in the various elections, which was considerable, and I pursued constitutional or constitutional based issues and yet never was paid a single cent for this by the Government because I was below the 4% threshold. Yet, other candidates who merely were publishing slurs against other candidates, lies and deceptive material then get paid because they exceeded the 4% threshold of minimum number of votes. As such, what the system effectively provide for is to be the biggest crook in the country to deceive as many citizens (electors) as possible to get the most votes and you get rewarded by payment per vote as well as a seat in the parliament while those who like myself pursue honesty and integrity are getting no where in that regard. I am not per se against voting but against compulsory voting because without compulsory voting I and so anyone else for that decide to vote or not to vote whereas with compulsory voting one is forced to vote for the crooks who may be candidates in elections. In my view Anthony Carbines was a crook who was willing to misuse and abuse his then position as a councillor with Banyule City Council to seek to interfere with my political rights and liberties. His advertisements, as previously referred to, in my view were concocted and designed to be deceptive to promote funding where he knew or ought to have known that he couldnt provide for it.
p1 4-7-2011 Submission Supplement 5 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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2 A clear example is also in the Federal level where Julia Gillard made known she became the real Julia and she promised no Carbon Tax and after election now willing to use taxpayers moneys to tell us that the Carbon Tax is good for us. Now, clearly the lack of integrity of candidates is well known because so many candidates promise one thing and then act contrary to this after being elected. Granted circumstances may at times change dramatically that requires changes to what was promised but they should be extremely rare in occasions and not a flood of them as now is eventuating. Another thing is that some candidates are promoting something that can never be delivered, that is on constitutional grounds, and yet there is no system in place to ensure that a candidate cannot make promises that are unconstitutional/unlawful to pursue! What we therefore have is not that payment per primary vote is to support a public education but rather to support a gross deception and con job on the voting public. One may recall the 2001 federal election campaign where the (now defunct) Australian Democrats had barking dogs as advertisement. Surely to consider this kind of educational electoral expenditure educational one must be so to say of once rocker? In my view any electoral advertising that is pursued by any candidate must be within the RULE OF LAW and as such if a candidate say seeks to campaign on basis of funding some project then it must be considered if this is constitutionally permissible in the first place. For example any spending of taxpayers monies (Consolidated Revenue funds) can only be engaged in if it is for public purposes and as such a candidate who were to make any promise to provide funding for non-public purposes clearly couldnt be deemed to campaign within the RULE OF LAW!
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One has to ask what form of education is there for electors? To tell a elector to fill in number of candidates as there are in the order of preference is for electors not having any meaning because it merely shows how to fill in a form and not why to fill in the form as such. Many electors are in the belief that they can vote for a Premier or Prime Minister even so there is no such electoral system in place. Yet, when one check out the various political parties electoral advertising then it seems to be as if one does elect a Premier/Prime Minister. As such the various electoral commissions are turning a blind eye to this gross deceptive conduct. There is no such thing as the Governor/Governor-General being bound to choose the leader of a political party because in the end it is a prerogative power exercised for and on behalf of the crown and Edmund Barton was commissioned on 26 December 2900 to form a government before even the POLITICAL UNION known as the Commonwealth of Australia existed let alone anyone knew the structure of the first parliament then still to be elected. It may be a convention to commission the leader of the party that has the most Members of Parliament but in reality the prerogative powers are those to be exercised as the Governor/Governor-General deems fit and proper, as after all it are advisors (Ministers) to act on his/her behalf. If therefore one is providing for crooks to succeed into the Parliament then it is a gross undermining of the Governor/Governor-General to select the most appropriate person to act on his/her behalf.
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Lets be clear about it that even so I am not a lawyer as a CONSTITUTIONALIST I was able to defeat numerous lawyers time and time again in the Courts. This is because ultimately lawyers who lack any proper understanding or have any competence in constitutional matters are litigating in conflict of constitutional powers and limitations and while fellow lawyers may neither be aware of it the issue is when a person like myself more knowledgeable about constitutional provisions is faced with their kind of nonsense then expose that the legislation is itself unconstitutional and so why bother about a particular section?
p2 4-7-2011 Submission Supplement 5 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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3 An example is that LGICI (Local Government Investigations and Compliance Inspectorate) having set itself up to pursue compliance with the RULE OF LAW that in fact is no RULE OF LAW at all! Legislation that is unconstitutional cannot be enforced, albeit too often is nevertheless by the courts because most judicial officers are ill trained and not aware that they must act within the framework of the constitution, the very constitution from which they derive their judicial powers! With all those lawyers in the various Parliaments and all those lawyers engaged as government solicitors not a single lawyer was bright enough to realise that the (purported) Local Government Act was unconstitutional? Come on it there such shortage in intelligence amongst the legal fraternity? What was the level of competence of the lawyer who was the Attorney-General recommending to the Crown to give Royal Assent to a bill that was unconstitutional in the first place? As I have stated in the past we need the OFFICE-OF-THE-GUARDIAN (Dont forget the hyphens!) a constitutional council that advises the Government, the People, the Parliament and the Courts as to the true meaning and application of the constitution.
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QUOTE 4-7-2011 correspondence to LGICI

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WITHOUT PREJUDICE Ross Millard, Manager Investigations 4-7-2011 inspectorate@dpcd.vic.gov.au Ref: LGICI 17-6-2011 correspondence - etc Ross, today is 4th of July celebration that is the marking a certain aspect in the United States of America freedom fights and yet on 1 January 19901 was when the Commonwealth of Australia was becoming a reality as a POLITICAL UNION, with in which the States, by way of s106 of that constitution, were created from the former colonies subject to this constitution, which means that the States exist not despite of this federation and so its constitution but because of it. Lucky you, I am a CONSTITUTIONALIST, not a lawyer, and when for example the Commonwealth in a 5-year epic legal battle took me to court for FAILING TO VOTE then boy did I teach them a lesson in constitutional matters as I raised more then 50 constitutional issues by way of submission and so to say gave them plenty to worry about. And as I did file an NOTICE OF CONSTITUTIONAL MATTERS it involved therefore all Attorney-Generals also. Well the end result was that unchallenged I comprehensively defeated the lot! Now, surely you are not going to persist in your conduct to go against the court ruling of the County Court of Victoria on 19 July 2006 as to try to rob me of any benefits of this court decision? After all, every Attorney-General, including R. Hulls then for Victoria, had every opportunity to challenge me but for whatever reason failed to do so. Now, this means that everything part of the case that I submitted was and remained to be unchallenged and hence for this I am entitled to the benefits of the court decision which upheld both my cases without any reservations.
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INSPECTOR-RIKATI & What is the -Australian way of life- really? A book on CD on Australians political, religious & other rights RRP $200.00+P&H charges (where applicable) ISBN 0-9751760-2-1

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This book contains about all material that was before the County Court of Victoria on 19 July 2006, albeit published on 7 July 2006 (nearly two weeks earlier) but contains considerable set out as to what the cases were about.
Bowers v Smith (1953) 1 ALL ER 320 (Re Clarke Hall) and (Morrison on Children, 7 Ed, P3) QUOTE "... the first business of the court is to try to issue whether or not the case is bought within the terms of the statute, and only if this be proven by proper evidence can the court proceed to decide upon treatment" END QUOTE p3 4-7-2011 Submission Supplement 5 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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4 All right you now face that if you read my book then I clearly did all along challenge the validity of any so called Local Government Act as to purport municipal/shire councils to be deemed a level of government and as such as the then Attorney-General of Victoria Robert Hulls didnt at all challenge this to be unconstitutional, as I submitted, then you are bound by this. You need not only have to overcome all matters that were before the County Court of Victoria on 19 July 2006, for which time to appeal is long passed, but also you need then to prove that the Court can entertain any of your so to say nonsense of vexatious litigation as clearly if the local government (referring to municipal/shire councils) is and remains ULTRA VIRES then what hope would you have, or for that any lawyer acting for the Government, to enforce any of the legal provisions associated with it?
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QUOTE Uniform Tax \case, 1942 (65CLR 373 at 408) 23-7-1942 Common expressions such as: 'The Courts have declared a statute invalid'," says Chief Justice Latham, "sometimes lead to misunderstanding. A pretended law made in excess of power is not and never has been a law at all. Anybody in the country is entitled to disregard it. Naturally, he will feel safer if he has a decision of a court in his favor, but such a decision is not an element, which produces invalidity in any law. The law is not valid until a court pronounces against it - and thereafter invalid. If it is beyond power it is invalid ab initio. END QUOTE

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In case you didnt get it once I challenged the validity of the legislation, as I did, then the relevant legislation was ULTRA VIRES AB INITIO unless and until a Court pronounced against it to declare it to be INTRA VIRES of the constitution. Therefore, all and any conduct within the purported Local Government Act 1989, or any other legislation relying upon this act, is and remains to be unconstitutional because it is not applicable.
QUOTE Hansard 1-3-1898 Constitution Convention Debates Mr. SYMON.-It is not a law which is ultra vires. END QUOTE QUOTE Hansard 1-3-1898 Constitution Convention Debates

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Mr. SYMON.-Do you think acquiescence would make a law if the law passed by the Commonwealth Parliament was ultra vires? Mr. GORDON.-It would until the law was impugned. If the state did not impugn that law it would remain in force. It is a law, and it could be allowed to be valid by the force of acquiescence. END QUOTE QUOTE Hansard 1-3-1898 Constitution Convention Debates Mr. SYMON.-It is not a law if it is ultra vires. Mr. GORDON.-It would be law by acquiescence. It would remain a law until it was attacked. END QUOTE QUOTE Hansard 1-3-1898 Constitution Convention Debates

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Mr. HIGGINS.-But suppose they go beyond their power? Mr. GORDON.-It is still the expression of Parliament. Directly a Ministry seeks to enforce improperly any law the citizen has his right. END QUOTE QUOTE Hansard 8-3-1898 Constitution Convention Debates

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Mr. GLYNN.-I think they would, because it is fixed in the Constitution. There is no special court, but the general courts would undoubtedly protect the states. What Mr. Isaacs seeks to do is to prevent the question of ultra vires arising after a law has been passed. [start page 2004] Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid.

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END QUOTE p4 4-7-2011 Submission Supplement 5 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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QUOTE Hansard 8-3-1898 Constitution Convention Debates Sir JOHN DOWNER.No one is more in favour of that than I am. But, at the same time, it is said-"Let the Houses of Parliament act capriciously and variously from day to day-allow this 'tacking' to go on if the Houses choose to agree to it-let the Houses do one thing one day and another the next, and do not bother about altering the Constitution, but trust the Parliament." Of course; but Parliament must only be trusted when it is within the Constitution. The Senate of to-day and the House of Representatives must not be put in a position superior to the Constitution. END QUOTE QUOTE Hansard 1-3-1898 Constitution Convention Debates Mr. GORDON.Once a law is passed anybody can say that it is being improperly administered, and it leaves open the whole judicial power once the question of ultra vires is raised. END QUOTE

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And for your information and any other person, including lawyers, who desire to litigate against me then consider the following also:
QUOTE Hansard 1-3-1898 Constitution Convention Debates Sir JOHN DOWNER.I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond 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

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Meaning that lawyers acting for and on behalf of the State themselves as such are deemed to be officials and for this equally can be sued for acting unconstitutionally against me. After all I am entitled to the benefits of the 19 July 2006 County Court of Victorias decisions!
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QUOTE Sorell v Smith (1925) Lord Dunedin in the House of Lords In an action against a set person in combination, a conspiracy to injure, followed by actual injury, will give good cause for action, and motive or instant where the act itself is not illegal is of the essence of the conspiracy. END QUOTE

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This means that it takes more then one person but a mere two people to constitute a conspiracy and guess what, with your involvement and that of Banyule City Council it indicates at least two people trying to disregard in deed violate my rights and benefits of the 19 July 2006 County Court of Victoria decisions. Now, had I lost the cases then no doubt the lawyers would be on my back making clear the Court ruled on all matters not challenged in the case and I am bound by this and so I likewise hold the same argument. Obviously, I am aware that there can be no res judata against the constitution (Wakim HCA 27 of 1999) albeit the court also ruled that a matter litigated between two parties cannot be relitigated, not even on constitutional matters. As the Crown encompassed not just the Commonwealth but all Attorney-Generals who were served with the NOTICE OF CONSTITUTIONAL MATTERS then each and everyone of them could have challenged my numerous submissions based on constitutional matters. They didnt and for whatever reason they decided not to do so is for them to determine but in the end the Court cannot consider what an Attorney-General refused/fail to do as to challenge my submissions. Therefore the State of Victoria was given its opportunity to challenge my submissions and refused/failed to do so and now is bound by the courts decision. No magistrate could possibly overrule this decision! Not uncommon a judicial officer claim not to deal with constitutional matters, but the only judicial power any judicial officer has is because of the constitution and therefore no judicial officer can disregard the very constitution from which their powers are derived.
QUOTE Hansard 1-3-1898 Constitution Convention Debates Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power? p5 4-7-2011 Submission Supplement 5 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry. As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole constituency behind the Federal Parliament will be a sentry.

END QUOTE

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The question is obviously if you are you acting as a sentry? Are you betraying your, and so others, constitutional rights? It is regrettable that many citizens are disillusioned with the courts for ignoring the true meaning and application of the constitution and by this effectively failing to act as a true COURT OF LAW and I can assure you that as a constitutionalist I do not intend to let my fellow citizens down and therefore will not waiver in seeking proper law enforcement against you or for that matter anyone else who seeks to violate the rights of any citizen.
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As I also indicated to Banyule City Council previously it was involved in criminal conduct that within electoral matters contain a penalty up to 5-years of term of imprisonment, which includes interfering with a persons political rights and also for interfering with a persons election material. As I was a candidate in 3 elections held within a short period of time then the matters also interfered with the democratic processes provided for by the Parliaments. Now, your reference to the CEO of Banyule City Council failed to deal with the issue that this very CEO was requested by me to investigate the criminal conduct and by this including also the unlawful removal of posters and banners time and time again. Besides the issue of the validity of the legislation (not that I concede it is not a valid issue) where Banyule City Council itself was criminally involved in matters and may be obligated to provide a compensation then that itself would obviously affect any donations, if there were any, because then the monies may be refundable to any donor, if there was any, for so far the donations and/or the refund/compensation, if there were any, were to exceed the expenditure. Now it seems to me that as you are aware there is the existence of a CEO of Banyule City Council then why not pursue him to finally deal with these matters (It may be stated they are also formally subject to a police criminal investigation!) and more over why not also contact Hume City Council for its criminal conduct to unlawfully interfere and so also remove posters/banners which also a police criminal investigation is existing. You cannot argue that the RULE OF LAW applies to everyone but municipal/shire councils as they too must conform to constitutional provisions and limitations. Therefore let them first conclude and report the issues regarding criminal conduct by officials of those councils and let us then see what we can accomplish further albeit I stress do not expect me to act in violation of constitutional provisions and limitations or in any way to act detrimental to my rights and benefits obtained by the 19 July 2006 decisions of the County Court of Victoria.
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I now refer to my submissions to the Victorian Parliament (Which should be on the Victorian Parliaments website also) so you may perhaps understand some of the relevant matters.
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From the above I urge you to seize and desist any further so to say overtures against me and certainly any threats against my person as regardless if you do respect the RULE OF LAW I am entitled to the benefits of the courts decisions and expect and indeed demand that everyone else likewise show due and proper respect to the courts decisions and so the rights and benefits obtained by this besides that in any event nothing is enforceable that is in violation to the provisions and/or limitations of the constitution.
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This correspondence is not intended and neither must be perceived to include all relevant matters/details and neither refers to matters as to any priority.
p6 4-7-2011 Submission Supplement 5 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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MAY JUSTICE ALWAYS PREVAIL

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Our name is our motto!)

G. H. Schorel-Hlavka

Awaiting your response, 10

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END QUOTE 4-7-2011 correspondence to LGICI

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IN MY VIEW IT IS A VERY SERIOUS ISSUE THAT WE NOW HAVE CITIZENS TRERRORISED WITH ALL KINDS OF UNCONSTITUTIONAL LEGISLATION BECAUSE WE ARE FORCED TO VOTE IN THE CROOKS AND OTHERS WHO STAND AS CANDIDATE AND WHO HAVE A PARTY MACHINERY BEHIND THEM RATHER THEN THERE BEING ANY SYSTEM IN PLACE TO ENSURE THAT AN ELECTOR CAN VOTE IN AN INFORMED MANNER!
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We have created an electoral machinery that ensures legislation is provided to suit itself rather then for the benefit of electors. We have for example time frame of elections that may suit the electoral commission but not at all the electors themselves. The focus of having democratic elections therefore has shifted to being what is most rewarding for crooks and others of a particular political machinery.
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Those Members of Parliament who may have been complicit to devising this kind of system should be aware that their children and other descendants in time may be faced with the consequences of their belligerent self interest conduct.
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Because I came from another country I am able to evaluate the differences and how the system has been totally corrupted whereas those who grew up within the system simply are blind to what is done wrong.
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We have the FREEDOM OF INFORMATION system that is more for the protection of a government then to be for the rights of citizens to know what those elected to rule on its behalf are doing. As such the shift of mentality is where we are loosing control.
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Hansard 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.Providing, as this Constitution does, for a free people to elect a free Parliament-giving that people through their Parliament the power of the purse-laying at their mercy from day to day the existence of any Ministry which dares by corruption, or drifts through ignorance into, the commission of any act which is unfavorable to the people having this security, it must in its very essence be a free Constitution. Whatever any one may say to the contrary that is secured in the very way in which the freedom of the British Constitution is secured. It is secured by vesting in the people, through their representatives, the power of the purse, and I venture [start page 2477] to say there is no other way of securing absolute freedom to a people than that, unless you make a different kind of Executive than that which we contemplate, and then overload your Constitution with legislative provisions to protect the citizen from interference. Under this Constitution he is saved from every kind of interference. Under this Constitution he has his voice not only in the, daily government of the country, but in the daily determination of the question of whom is the Government to consist. There is the guarantee of freedom in this Constitution. There is the guarantee which none of us have sought to remove, but every one has sought to strengthen. How we or our work can be accused of not providing for the popular p7 4-7-2011 Submission Supplement 5 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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liberty is something which I hope the critics will now venture to explain, and I think I have made their work difficult for them. Having provided in that way for a free Constitution, we have provided for an Executive which is charged with the duty of maintaining the provisions of that Constitution; and, therefore, it can only act as the agents of the people. END QUOTE
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As the States are created within s106 of this constitution then clearly the government is to act as agent for the people. Well, ju7st look at the numerous confidential business transactions every government is involved in and refuses to disclose this to the citizens then ask your self how can any agent conceal from the primary donor anything? After all consider engaging a lawyer to act on once behalf and the lawyer later refused to disclose to the client what he was doing on behalf of the client?
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So the say I commenced the velvet revolution long ago by commencing to educate the people as to their constitutional rights and how perverted this is by Members of Parliament and others acting in the disguise of law enforcement. No doubt in time the electors will get sick and tired of what Members of Parliament are doing adverse to their constitutional rights and privileges and then will act to correct/rectify this. Lets use an example. While Parliament is to legislate for the good of the people it has time and time devised legislation contrary to the interest of the people. In 1999 it enacted the purported legislation to recognise invalid Federal Court orders even so the minister for Small business then acknowledged to the House that it may be unconstitutional. Indeed the legislation is unconstitutional because one cannot have that for example the Family Court of Australia overrules the Supreme Court of Victoria and then imprison a man who relied upon the Supreme Court orders and then later it is argued that the Family Court of Australia invalid order were after all Supreme Court of Victoria orders! By this an innocent man was imprisoned!
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Then we have this issue of wheel clamping that is not done to advance the benefits of Victorians but effectively allow the sheriff to wheel clamp a motor vehicle irrespective if this is in fact done wrong. What the Sheriff does is to immobilise the vehicle and by this effectively makes it unroadworthy. Those who had the brains for this kind of act of stupidity never considered that to make a vehicle deliberately unroadworthy are an offence. The same where a Sheriff can merely advise VicRoads to deregister or suspend registration of a motor vehicle and VicRoads has to comply with this and the same with the cancellation/suspension of a drivers licence. Fancy this kind of nonsense permissible where the very purpose of a person required to attain a drivers licence is that the person must have shown competence in the art of driving within certain classes a motor vehicle. Such competence cannot be diminished because someone may perhaps have used my vehicle and failed to pay a fine! As such the suspension/cancellation is done for ulterior purposes other then for the competence of a person to operate a motor vehicle and therefore is an abuse/misuse of legislative power. The same with the deregistration or suspension of a motor vehicle registration. The registration is for certain purposes and to ensure that any vehicle is compliant to legal requirements such as being roadworthy and being within specific specifications required by law, etc. Wheel clamping is not part of registration legal requirement and as such causes a motor vehicle to be defective as it no longer can be operated in a manner that is or could be required. It is actually worse then driving without the wheel because without the wheel at least one can still drive, even so limited in its ability, but with a wheel clamping it basically disabled the vehicle from its legal requirements and yet no renewal of registration or
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9 roadworthiness seems to be required. As such what we have created is a falsification of the use of licensing and registration purposes. What the State didnt anticipate and obviously all the lawyers in the Parliament or those acting for the government as advisors or otherwise didnt comprehend is that by this legislation it effectively nullified motor registration requirements and licensing requirements because where the State acts in contravention of its own legal requirements then it no longer can enforce the same against its citizens. Obviously this also interferes with the constitutional rights of any citizen to be permitted to use his vehicle when having complied with the provisions of the law to be duly licensed and to have the vehicle appropriately registered.
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I am well aware that the purpose was by the parliament to seek enforcement of unpaid penalties but it just went about it the wrong way because you simply cannot misuse legislative powers in such manner. And again if not a single lawyer was bright enough to understand/comprehend this then we better avoid lawyers to be in the Parliament! The Parliament cannot claim that it seeks to act in the benefit of the People at large by such draconic legislation because it cannot be deemed to be in the interest of the people that an innocent person could be robbed of his/her rights in the processes now devised. There are people who purchase vehicles and then incur huge number of offences but ignore them all because they never transferred the vehicle into their own names. Then the previous deceased owner is getting more and more fines against his name and obviously will not appear in court and obviously neither reply upon any correspondences and then his vehicle in the end be ordered to be confiscated but what benefit to society one may ask? The same with how alleged traffic offences are managed where the shift of onus to a defendant to prove to be innocent is unconstitutional! There is a lot more to this but for now the issue was raised and Parliament better gets act together to consider what on earth are they legislating for? Is it for the People or just to prop up any government that became Government sponsored terrorism. We have the same with the Courts, when one look for example at the Children Court of Victoria then one can see how perverted it operates far from providing impartial justice and our most vulnerable, the children, are suffering because of this. When the Department of Human Services litigates before the Children Court then it has to prove in some manner for orders to be judicially justified to change custody/guardianship to the Department of Human Services but in reality this seldom ever eventuates albeit magistrates will pretend doing so. The annals of the media are full of how children in guardianship/custody of the Department of Human Services if not ending up death are engaged in prostitution, robberies, etc. And we have all kinds of investigations that often are concealed (by a government purportedly acting as agent for the people.) as to how this cam about and we hear ample of excuses that staff at the Department of Human Services are overworked, lack of funding, etc. So, if there is any bright lawyer in the parliament then why didnt he insist that the legislation must stipulate that a magistrate must in deciding guardianship/custody consider the ability of all parties involved if it can or can be deemed to be a proper guardian/custodian and each party for this must provide the Court with a proper set out of what facilities and care is to be provided. Now fancy the Department of Human Services then submitting to the Children Court Your Honour, we are overworked, and lack finances and so we have no placement facilities nor workers but trust us we will ensure the child may just work as a prostitute or become a thief without our care!. While courts are responsible for the orders they issue you find that the Children Court effectively miserably fails to ensure its orders are properly complied with, even by the Department of Human Services. As such the magistrates merely issue orders even so effectively sending a child to its grave!
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What has this to do with elections you may ask?

p9 4-7-2011 Submission Supplement 5 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

Free downloading of documents from my blog; Http://www.scribd.com/InspectorRikati

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10 Well if we just were to provide democratic elections where rather then having crooks and other misfits misusing/abusing the election system we can people like myself being elected then we might finally get proper representation in the Parliament. We should have every candidate who desires to be elected to fill in a so to say WORK CONTRACT as I campaigned about way back in 1999, so that candidates are bound by their election pledges/promises and failing this then the courts can determine if they can nevertheless continue to sit in the Parliament or not. And that if a candidate were to renege upon promises he could face at his own cost a by-election for the electors to judge if this was a conduct that is acceptable or not, if 10% of the electors were to sign a petition for this! The same is for municipal/shire council elections where it is totally perverted to pretend it is some level of government where in fact it never was. Yet the very Parliament that must act for the people is complicit to perverting the course of justice by having legislation enacted that is unconstitutional all to seek to enforce not the peoples will but that of a Government contrary to the peoples will. We are, like it or not, in the process of a VELVET REVOLUTION and those ignorant to it may just one day discover their time is up and they no longer themselves an redress matters because they failed to do it when they could. We need real transparency in government and not a new government all along seeking to blame a previous government for its alleged ill conduct as surely that was the election about and so no surprises about that. Indeed, prior to an election the Government must be required to fully disclose all relevant details and if a government failed to do so then after the election each member of that Government could face criminal prosecution for having concealed relevant details from the electors and if this government succeeded in being re-elected then this election can be deemed void by a court.
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We have a de facto government operating outside constitutional provisions but pretending to operate within. A government that no longer acts for the people but for its own self interest. We have no fair and proper elections because electors are generally left unaware what really are the true intentions of the candidates. As such, as shown in the Federal system vote opposing the Carbon Tax and you end up in effect voting for it, well for a candidate who changes her position, regardless the Carbon Tax would be unconstitutional! (That is another issue I will not canvass extensively in this submission.) What we need is a complete overhaul of the electoral system and not by the self interested VEC (Victorian Electoral Commission) or Members of Parliament but more like a person like myself who have a genuine interest in seeking to ensure that any election system is ultimately in the best interest of the electors. Ok that is like asking Dracula to let me administer the blood bank instead of himself. Well, time will tell what credibility Members of Parliament have to act in the interest of their constituents rather then their own self interest. This submission-supplement 5 is not intended and neither must be perceived to include all relevant matters/details and neither refers to matters as to any priority.
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MAY JUSTICE ALWAYS PREVAIL

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Our name is our motto!)

45 . Awaiting your response, G. H. Schorel-Hlavka

p10 4-7-2011 Submission Supplement 5 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

Free downloading of documents from my blog; Http://www.scribd.com/InspectorRikati