1

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

31-12-2014

WITHOUT PREJUDICE
Daniel Andrews Premier of Victoria
daniel.andrews@parliament.vic.gov.au

31-12-2014

Ref; 20141231- G. H. Schorel-Hlavka O.W.B. to Mr Daniel Andrews Prenmier of Victoria

-Re Safe Drink Water Act 2003-etc-

Daniel,
after the recent state election you made clear that you wouldnt change from what you had
stated during the election (regarding the east-west link) and I seek the same commitment as to
what you stated in the Parliament.
http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=ASSE
MBLY&speech=23716&activity=Second+Reading&title=SAFE+DRINKING+WATER+BILL&date1=7&date2=M
ay&date3=2003&query=true%0a%09and+%28+data+contains+'safe'%0a%09and+data+contains+'water'+%29
QUOTE

17
18
19
20
21

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.

22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

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

Why then that we turning tomorrow into 2015 it is that 14 years later we still have large parts of
Victoria without safe drinking water?
In fact it appears there are at least 42 towns that are still denied safe drinking water.
GWMWater pursues me for alleged charges and made known I could lodge a complaint with the
EWOV (Energy Water Ombudsman of Victoria) which I did in January 2014. However, I view
that the EWOV acts more like a lawyer to represent GWMWater (water provider) then acting
impartial.
In fact it seems that so to say they are moving the goal posts whenever I raise an issue as to suit
their change of argument.
As I understand it the Victorian made about $468 million available for the water providers to be
ready by 1 January 2004 to provide all Victorian households with safe drinking water, according
the requirements of the Safe Drinking Water Act 2003. Was this money syphoned off for other
purposes?
GWMWater failed to comply with this in 2004, 2005, 2006 and 2007. Then in 2007 it allegedly
(so the EWOV claimed) GWMWater obtained an exemption upon the basis that customers may
mistakenly take it that it was safe drinking water instead of the untreated water. In my view
such an application for an exemption was based upon a fraudulent claim as customers by law
entitled to safe drinking water couldnt be mistaken! Hence, in my view, the exemption for
GWMWater clearly was obtained by fraud. Why after about 11 years didnt it manage to comply
with the Safe Drinking Water Act 2003 to provide safe drinking water?
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, E-mail
INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com, www.scribd.com/inspector-rikati

31-12-2014

48

49
50
51
52
53
54
55

Dig. 22, 3, 2; Tait on Ev. 1; 1 Phil. Ev. 194; 1 Greenl. Ev. 74; 3 Louis. R. 83; 2 Dan. Pr. 408; 4
Bouv Inst. n. 4411.
o Ex dolo malo non oritur action. Out of fraud no action arises. Cowper, 343; Broom's
Max. 349.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, E-mail
INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com, www.scribd.com/inspector-rikati

56

3
31-12-2014
o Fraus est celare fraudem. It is a fraud to conceal a fraud. 1 Vern. 270.

57

o Fraus et jus numquam cohabitant. Fraud and justice never agree together. Wing. 680.

58
59

o Qui inique non erit aequi - He who has committed iniquity, shall not have equity.
Francis' Max., Max. 2.

60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107

The following applies as much to Federal laws of the Commonwealth of Australia as it does to
federal laws in the USA; http://familyguardian.taxtactics.com/Subjects/LawAndGovt/ChallJurisdiction/AuthoritiesArticle/AuthOnJurisdiction.htm
QUOTE
37 Am Jur 2d at section 8 states, in part: "Fraud vitiates every transaction and all contracts. Indeed, the
principle is often stated, in broad and sweeping language, that fraud destroys the validity of everything into
which it enters, and that it vitiates the most solemn contracts, documents, and even judgments."
END QUOTE
QUOTE Byrne v Byrne (1965) 7 FLR 342 at 343
Fraud: Usually takes the form of a statement of what is false or the suppression of what is true.
END QUOTE

I understand that GWMWater since 2007 obtained an extension of the exemption however where
the original exemption was obtained by fraud then the extension neither has any legal standing.
I by way of correspondence of 20140921-G. H. Schorel-Hlavka O.W.B. to Mr Peter Walsh
Re Safe Drink Water Act 2003-etc-EWOV Case Number 2014-317 and 20141015-G. H.
Schorel-Hlavka O.W.B. to Mr Peter Walsh Re Safe Drink Water Act 2003-etc-EWOV
Case Number 2014-317-Supplement-01 wrote to the local Member of Parliament for
Berriwillock ( where the properties are held) being it that at the time Mr peter Walsh was also the
minister for water. I received a response that the matter had been passed on to the Department of
Health. I have however so far not received any communication from the Department of Health.
The EWOV in my view has on various occasions sought to railroad my complaint, but as I
exposed the EWOV had previously dealt with a similar kind of complaint and as such it was non
sense to try to terminate my complaint on the basis it had no jurisdiction.
Moreover, I view that the EWOV ought to have immediately passed on my complaint about the
untreated water issue to the Department of Health and await the Department of Health results
of an investigation.
Let be realistic. You are as I understand it a father of 2 young children. Suppose you take them
for a drive for a family outing and stop on the way to let them drink some water. Next you know
the children fall ill or even die because unbeknown to you the water taps at the houses are not
providing safe drinking water but rather untreated water. Would you not then pursue those
responsible for deliberately placing the public at risk and if either or both your children were to
die pursue a murder charge against them? After all where this is a deliberate conduct to flaunt the
laws and deliberately place the health and wellbeing of citizens at risk then it cannot be deemed
accidental homicide. What if instead of a family outing the children go on a school excursion and
then likewise fall ill or even die?
On 2 October 2013 I went to my Berriwillock property and had 2 cups of coffee at the local pub
and there after fell severely ill that on 3 October 20143 I travelled back top Viewbank
(Melbourne) and was for weeks very ill to the extend my wife was contemplating to have a
funeral. Obviously I am determine to pursue that something is done about law breakers who
ignore the health and safety of citizens. One has to ask how many people may have fallen ill and
even died but no one realised that the untreated water played if not the main cause then an
important role in it all? I understand that also one or more water providers in Melbourne may be
providing untreated water to its customers! As such, they basically are so to say thumping
their noses on you and the government and making clear they can ignore the rule of law.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, E-mail
INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com, www.scribd.com/inspector-rikati

108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153

4
31-12-2014
Ironically, GWMWater issued communication to customers it can issue Infringement Notices if a
customer fails to comply with its directions and yet it is the worst offender and who is fining the
management of GWMWater for this? They should so to say act as a model citizen but in reality
are the worse kind. What if the untreated water was suddenly cause a disease that were to
rampage amongst Victorians and beyond? Is this the health risk you were on about in 2003?
Even so the residential property had its water meter removed, about 25 years ago, and I then
removed all water pipes that used to go to the water meter, GWMWater allegedly claims it can
nevertheless charge to the property but elected not to do so because an adjourning title is held by
me and that has a water meter but is provided with untreated water. It may be noted that I
understand that property owners in Cobram not connected to a water supply are not charged for
water services, as such GWMWater seems to charge where others dont! I have indicated in the
past I am not interested in being provided with untreated water. My uncle died at Berriwillock
in 1992, within 2 days of arriving in Australia, just that at the time it never donned to me that the
untreated water could have been the cause. I understand from others that they have a large
water tank for drinkwater, etc, as GWMWater supplies them also with untreated water. The
question is obviously, if GWMWater manangers was incompetent to organise that safe drinking
water was provided as per Safe Drinking Water Act 2003 when why didnt it notify the State
government to have it assisting to resolve the matter? Now ab out 11 years later it still is and
remains in my view totally incompetent to resolve the matter appropriately and I understand
relies upon an exemption until 2018 at the very least.
In my view GWMWater seems implied to claim that you were ignorant to reality that there was
no reasonable way it could provide Safe Drinking Water by 2004, or even by 2018.
Yet, I am not aware as to any alleged excuse GWMWater has provided why it couldnt comply
with the legal provisions of the Safe Drinking Water Act 2003 as from 1 January 2004?
Victorians are all burdened to pay toward the building of the Watonga Desalination plant and to
maintain it, yet those in the areas where untreated water is provided nevertheless cannot
benefit from safe drinking water from the Desalination plant. Why not? After all their taxes also
was and still is used for the desalination plant. Why could GWMWater not have arranged for
water from the desalination plant to be provided to the areas where it currently is providing I
view unlawfully untreated water?
Do you really want to let them to continue make a fool out of you that one or more water
companies ignore what you assured the Victorian Parliament, way back in 2003, or will you
ensure that you can be trusted on your word and will ensure that a proper investigation is
conducted as to why GWMWater and any other water provider failed in 2004 to provide safe
drinking water as required by the Safe Drinking Water Act 2003, and if their failure was
reported by them and if not why not. What did they do as to ensure that with the least delays safe
drinking water was to be provided? And again it is of concern the EWOV failed to report the
matter from onset to the Department of Health, which appears to me to so to say covering up for
GWMWater! There is more to it all, but at least the above should give you enough concern as to
have an appropriate investigation held and hold water providers accountable!
This correspondence is not intended and neither must be perceived to contain legal advice
nor to refer to all issues/details.

MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!)

154
155
156

(
Awaiting your response,

G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)

INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD

A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, E-mail
INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com, www.scribd.com/inspector-rikati