To EWOV2004-317-570 COMPLAINT Etc-Re GWMWater - Re 2305224 Creditcollect 369335-Suplement 6

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WITHOUT PREJUDICE Energy and Water Ombudsman Victoria 5

ewovinfo@ewov.com.au
7-2-2014
Cc: Chairman Peter Vogel (And other members of the Board of Directors) GWMWater info@gwmwater.org.au Ref: 2305224 Credit Collect creditcollect@creditcollect.com.au Ref 369335 10
Ref; 20140207-to EWOV 2004/317 COMPLAINT etc-Re GWMWater - Re 2305224 creditcollect 369335 Supplement 6
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Sir, In regard of your 5 February 2014 email I provide the following information:
What has happened since 3 January 2014 when you registered the complaint with EWOV?
20 I received the following emails from GWMWater:
QUOTE 8-1-2014 Email from GWMWater
From: Helen Friend <helen.friend@gwmwater.org.au> To: schorel-hlavka@schorel-hlavka.com Cc: spservices@ewov.com.au Date: Wednesday, January 08, 2014 04:58 pm Subject: FW: New Assisted Referral - 2014/570 Mr Gerrit Schorel-Hlavka Attachments: Text version of this message. (5KB)
(3KB) (4KB) image001.png (8KB) Letter of response to Mr Schorel-Hlavka 15 July 2013.pdf (59KB) Letter of response to Mr Schorel-Hlavka 19 March 2013.pdf (2MB)
Dear Mr Schorel-Hlavka I refer to the above mention Assisted Referral (2014/570) received from EWOV yesterday. In response to the resolutions you are seeking, I offer the following information:
1. The attached letters dated 19 March 2013 and 15 July 2013 outline GWMWaters position in
relation to this matter, which remains unchanged. Under the Water Act 1989, all properties in a declared urban water supply district who have access to a water supply, regardless of whether the water supply is used, are required to pay the annual service availability charge, as
7-2-2014 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com Page 1
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nominated by the relevant water corporation. The only exceptions are if the property has been declared derelict by the local council or it is vacant land.
2. We cannot confirm that your credit rating will not be affected if we proceed with legal action
against you. However whilst your case is the subject of any enquiry from EWOV, GWMWater will not pursue recovery of the outstanding debt. Yours sincerely
Helen Friend Manager Customer Relations GWMWater

PO Box 481, Horsham 3402 Victoria, Australia Telephone: 1300 659 961 Direct: 03 5381 9802 Website: www.gwmwater.org.au
Water Case 2014/570 Dear Grampians Wimmera Mallee Water Mr Gerrit Schorel-Hlavka has contacted EWOV about an issue which remains unresolved. Contact details Customer name: Postal Address: Incident Address: Home Phone: Email: PREFERRED CONTACT TIME: Account Number:
Mr Gerrit Schorel-Hlavka 107 Graham Road VIEW BANK VIC3084 10 Anderson Avenue, BERRIWILLOCK 3531 03 9457 7209 schorel-hlavka@schorel-hlavka.com Email or Letter due to hearing difficulties 2305224
Customer statement Incident Address: 10 Anderson Avenue, BERRIWILLOCK 3531 1. He is dissatisfied with Grampians Wimmera Mallee Water in regards to debt collection, billing error and billing format name. 2. He consented for the account to be transferred into his son's name for incident location which had occurred. 3. He requested it to cease issuing copies of bills to him, which are addressed to his son despite unpaid accounts by his son. 4. He advised as a result of unpaid accounts the account was transferred back into his name without consent, resulting in debt collection activity.
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Resolution Sought 1. Cease seeking further payments and ensure the account has been closed. 2. Confirm credit rating will not be affected.
As this is an Assisted Referral, please contact the customer within three business days to discuss their concerns. If you are unable to contact the customer by phone, please send a letter within five business days. Response to EWOV if AR fails or if no contact with the customer If Mr Gerrit Schorel-Hlavka does not accept Grampians Wimmera Mallee Waters offer to the AR, please use the following template and reply to spservices@ewov.com.au.
Email SUBJECT LINE: CASE REF: 2014/570 - Mr Gerrit Schorel-Hlavka Dear EWOV RESOLUTION OFFERED (in response to the customer's resolution sought): 1. 2. 3. CUSTOMER'S RESPONSE TO OFFER: OTHER RELEVANT / SUPPORTING INFORMATION (as required): WHAT ADDITIONAL ACTIONS WILL YOU BE WILLING TO TAKE TO RESOLVE THIS CASE?:
If Grampians Wimmera Mallee Water is not able to contact the customer then please provide details of contact attempts including dates and times. Please advise if voicemails were left. EWOV has explained its role and process to Mr Gerrit Schorel-Hlavka. If you have any questions or would like to discuss this, please call EWOV between 8.30am and 5.00pm, Monday to Friday. Yours sincerely, EWOV Intake Team Energy and Water Ombudsman (Victoria) Phone: 1800 500 509 Email: spservices@ewov.com.au Website: www.ewov.com.au
DISCLAIMER: This email and any files transmitted with it may be confidential and are intended solely for the use of the individual or entity to whom they are addressed. Confidentiality is not waived or lost if this email has been sent to you by mistake. This email may contain information that is subject to Commonwealth and State privacy laws in Australia. This email is also subject to copyright. If you are not the
7-2-2014 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
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intended recipient, you must not read, print, store, copy, forward or use this email for any reason. If you have received this email in error, please notify the sender by return email, and delete this email from your system. Internet communications cannot be guaranteed to be secure or error-free. The recipient should check this email and any attachments for the presence of viruses. We do not accept liability for any computer virus, data corruption, delay, interruption, unauthorised access or unauthorised amendment. Energy and Water Ombudsman (Victoria) Ltd.
END QUOTE 8-1-2014 Email from GWMWater
Where you contacted by GWMW and If so, what was discussed?

See above email 8-1-2014 and my subsequent response dated 12-1-2014 to GWMWater of which 5 at the same time a copy was forwarded to EWOV.
What information has GWMW provided you in relation to your concerns?

Essential it appears GWMWater other then seeking to claim some vague and aloof claim based 10 upon the Safe Water Act 2003, without any substantiated details, it remains any consideration to the real issues and maintain its past stand prior to my complaint to EWOV.
Is GWMW still currently working on your complaint?

Nothing since has indicated to me that GWMWater has any intention to deal with matters 15 appropriately as to comply with Victorian Government Standards and other legal provisions. It appears to me that it blatant disregard may be because there is no known (to me) legal repercussions for GWMWater for failing to comply with the Victorian Government Standards. Possibly if some city schoolbus were to stop in the country and small children unaware of the water not being suitable for human consumption drinking it and perhaps at masses fall sick or 20 even die then likely GWMWater directors may seek a cop out to blame whomever but themselves. My efforts to expose their conduct, I view is unlawful, may slowly generate more attention can force them to act to comply with Victorian Government standards and other legal requirements. As I view it GWMWater so to say is playing RUSSIAN ROULETTE with the lives of others, where unsuspected persons may drink the untreated water and as I myself fell 25 severely ill for over 2 months, I view it would be appropriate for the Ombudsman to provide an interim report to the parliament to recommend urgent legislation appropriate in the circumstances so perhaps the wellbeing/lives of others are not unduly placed further in jeopardy. . I have ordered and received already banners (as shown below), and ordered and paid for 30 thousands of cards, postcards, magnets and have designed mugs, etc. However, while I can attempt to get them to act and alert people in the end reality is that GWMWater should have complied with Victorian Government Standards and other legal requirements upon its own undertaking as it is Government Policy. 35 I do not accept that GWMWater should be provided with further time to comply as it had already 10 years and must be facing the legal consequences for having so far failed to comply. To ignore what I consider to be its law breaking conduct in my view would only encourage it to continue to do so. 40 Banner (already ordered):
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Items designed, ordered and paid for, awaiting delivery: Post cards (Front) 5
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Postcards (back)
5 Cards
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T-Shirt:
Cards;
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Banner:
The following is mugs design.
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Layout of Mug:
It should be clear that while I have the impression GWMWater is not at all working on my 5 complaints nevertheless it cannot prevent my campaign to so to say force it to act in the interest of others also.
Why does the issue remain unresolved?

In my view, as is often the case with people wielding power , regardless if unlawfully, they 10 couldnt care less about what is wrong, etc, because after all they are not personally risking anything, so they think, while they obstruct to comply with Victorian Government Standards and again so to say play RUSSIAN ROULETTE with the health, and wellbeing of others. After all even if they in the end are found in the wrong by any court then generally they will themselves walk away free from any cost as they are using the business to cover for them. This, while many 15 a person complaining can have huge financial risk to pursue matters. What I view should exist is a mandatory reporting system why any water supplier is in breach of Victorian government Standards and considering the dangers to the general public, then there should be a committee existing with investigating powers and able to lay charges against those involved so that those offending will have the message driven home they are not above the law 20 and will suffer personally if blatantly disregarding to comply with Victorian Government Standards.me they are not above the law and will suffer personally if blatantly disregarding to comply with Victorian Government Standards and any other legal provisions. Also directors involved should be banned for at least 10 years (if not for life) to be director of any business. As again, I view that this is a very serious matter and something that dragged on for about 20 years, 25 since I first started to question the water quality, and as I also mentioned GWMWater should be forced to pay compensation to each customer for every day it fails to provide water in accordance with Victorian Government Standards for household/domestic use. I do not accept that telecommunications can be forced to pay compensation and GWMWater (or for that any other water supplier) can blatantly ignore proper compliance with Victorian government Standards and 30 other legal provisions.
What are you seeking to have this issue resolved?

Since I filed my formal complaint with EWOV (and GWMWater itself in its correspondence 35 made clear this was an avenue I could follow) it become very clear GWMWEater has not only disregarded any attempts to seek to resolve issues in dispute and made clear it stands by its past decision but also, I view, fraudulently claimed not having to comply because of the Safe Water Act 2003, albeit not specifically stating as to which particular part it sought to rely upon.
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Page 10 Therefore, I view that GWMWater must no longer be allowed to make its own decision but must be forced to comply, and as indicated above subjected to severe penalties. It be kept in mind that while GWMWater continue its current conduct and as I view blatant disregard of its DUTY OF CARE, people remain at risk and the so to say RUSSIAN ROULETTE continues to play havoc with the health and wellbeing if not the life of people. As GWMWater as I understand it is purportedly acting for the Government then it should be within the powers of the responsible Minister to take immediate action against GWMWater, even if it means terminating its contract, etc. Just consider that if there were to be any person to die due to consuming the untreated water and a coroner were to make an adverse finding that GWMWater despite of my campaign nevertheless persisted to disregard its DUTY OF CARE, etc, then a life that was lost cannot be brought back and those grieving of the loss may in my view have a case to sue GWMWater. For this, I view the Ombudsman ought to make are commendations, even if by way of an interim report (as to avoid time delay) for the Parliament to address this very serious issue and to put in place legislative provisions it may deem appropriate to ensure that GWMWater (or for that any other water supplier) will suffer severe legal consequences, including directors being banned to be a director of any company, if found guilty of derelict of duties, etc, I seek that all monies paid, being it by myself, my son or others are refunded as no service was rendered to which anyone was entitled upon as to legal provisions applicable. As it appears to me GMWater is blatantly disregarding any reasonable communication because it simply may disregard whatever the Ombudsman may conclude well aware that generally customers do not have the financial resources to fight them to pursue JUSTICE. In that regard I view, that where the Ombudsman were to conclude a finding adverse to GWMWater then GWMWater ought to be liable for all and any legal cost to resolve the issues between GWMWater and the customer. Basically EWOV is a lame duck if it lacks any powers to resolve matters and companies like GWMWater can continue to flaunt Victorian Government Standards and other legal provisions. Hence, as like with telecommunication a daily compensation of failing to comply should be applicable against GWMWater. It ought to be considered that if say Telstra (or other telecommunication company) had for so long failed to comply with requirements then it would have been up a huge amount of compensation. I see no justification for GWMWater not having to provide simular compensation. In particular where it so to say is playing RUSSIAN ROULETTE with other peoples lives. I hold that GWMWater conduct (including to engage debt collectors) essentially was a breach of the Crimes Act 1958 (Vic) as to stalking. It persisted in a line of conduct to seek to extort monies from me while all along aware it failed itself to provide water service as every Victorian is entitled upon (including in regional areas) as the Minister made clear in Parliament. Therefore, so to say the following applies: The legal doctrine of ex turpi causa non oritur action denies any remedy to a litigant (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!
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GWMWater itself raised the issue some years ago that a TRANSFER of the account to my 45 son Richard Schorel would resolve matters. While since than (and only many years latter) it now argues that it had no legal right to allow for this, it is a bit rich to me that it could somehow enter into a contract with my son Richard and even the debt collectors trying to find him (on behalf of GWMWater) and now GWMWater desires to sing a different tune as it may suit them. Even unilaterally altering the account holder from Richard to my former name. It be stated that rate 50 notices in regard of the Berriwillock property are in my surname Schorel-Hlavka! It is also my surname on my driver license, my pension card, etc. It appears to me that GWMWater wanted to
Page 11 keep to Schorel so there would be a so to say minor change in the letter regarding the Christian name only, and so less obvious it had altered the name of the account holder without consent of my son Richard and/or of myself. I view a sleazy tactic that cannot be tolerated. In any event I ordinary never used G Schorel as I used to use G. H. Schorel therefore again GWMWater 5 using G Schorel was to try to make it less obvious it had unilaterally altered the account holder. In my view GWMWater should seize and desist of any further claims against myself, my son Richard and/or others as I view it has continue to act itself in violation to Victorian Government Standards and other relevant legal provisions. 10 I view it (GWMWater) should be ordered to pay a daily rate of compensation similarly to what is applicable in regard of telecommunication companies for failing to provide water for domestic/household usage in compliance with Victorian Government Standards. If Richard or either or both of his daughters (my granddaughters) had been ill while using water supplied by GWMWater through ordinary water pipe lines without any warning that this water 15 was not fit for human consumption, etc, then I view GWMWater failed in its DUTY OF CARE in that regard also. 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 April 2003 ASSEMBLY SAFE DRINKING WATER BILL Ms PIKE (Minister for Health) QUOTE at Page 982 The principal objectives of this bill are to: protect public health in Victoria in relation to drinking water supplies; create a consistent statewide regulatory framework for drinking water quality;
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establish and implement comprehensive risk management strategies for drinking water quality that covers the overall delivery chain from the catchment to consumer supplies; give Victorians access to objective information about the quality of drinking water that they receive; provide communities with the opportunity to establish local non-health-related standards
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for drinking water quality; ensure that proposed drinking water standards are subjected to a rigorous benefit-cost analysis; provide clarity of roles of the various parties who may be involved in the management of incidents concerning drinking water. Key aspects of the bill
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protect public health in Victoria in relation to drinking water supplies; create a consistent statewide regulatory framework for drinking water quality;
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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 45 Minister presented to the Parliament and I view not intended to be allowed by the Minister.
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Page 12 From the reading of Hansards and the legislation I did so far I concluded that GWMWatyer cannot make any application to be excused so to say forever not to provide water for domestic/household usage in accordance with Victorian Government Standards but that only in special circumstances as a risk taking management issue it could apply for a certain non5 compliance. As I alluded previously an accidental spill of oil into the water reservoir may be an justified matter but otherwise it is limited to so to say the taste. 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 April 2003 ASSEMBLY SAFE DRINKING WATER BILL Ms PIKE (Minister for Health) QUOTE at Page 982 Part 3 of the bill obliges the water suppliers to supply drinking water that meets a set of water quality standards, generally measured at or near the point at which the drinking water is supplied to consumers. The standards will cover health-related criteria, such as microbiological
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and chemical safety, as well as aesthetic criteria, such as taste, odour and discolouration. Part 3 also provides flexibility for specific local water quality standards to be established through community consultation, provided any risks to public health have been adequately addressed. The water supplier will also be required to report to consumers on the quality of water supplied and disclose instances where the quality of water may, for whatever reason or however
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briefly, be suspected of posing a risk to public health. END QUOTE
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provided any risks to public health have been adequately addressed
I cannot accept that to spread around a mere pamphlet somehow addresses public health. Neither do I perceive from the legislation and Hansard records that the community can dispense with having water supplied in violation to Victorian Government Standards. What I view the legislation does allow for is so to say where there is a taste issue (as I mentioned in the past in 30 Rotterdam the salt taste to water at certain times). Indeed, on the one hand GWMWater seems to argue that irrespective of its agreement with Richard (contract) somehow years later it holds it couldnt do so (enter into such contract with Richard) because of legislative provisions, while on the other hand somehow it seems to argue that regardless of legislative provisions it can ignore Victorian Government Standards. It is like 35 eating the cake and have it.
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My wife, not being Richards mother, actually never had met Richard in person, nevertheless some years ago offered to buy out the debt. This GWMWater refused. Albeit as I understand it was willing to have credit collect (a debt collection agency) to buy the rights to sue for less than 40 what my wife offered. This to me didnt make any financial sense. As such, GWMWater refused any reasonable dispute resolution and ended up as I view it STALKING me and the fact that Chairman Peter Vogel despite having been provided with my correspondence still failed to take action to stop this, then I view appropriate legal action should follow against GWMWater for this also. 45 It cannot be that GWMWAter can do what it likes and disregard any legal obligation but can engaged in what I consider a form of extortion/terrorism. I did urge GWMWater to write of the alleged debt, and in my view that would have been appropriate in view of the conduct of GWMWater.
Page 13 You cannot have credit collect acting for GWMWater) to pursue Richard for a debt that GWMWater now itself maintains is not Richards debt but my debt, regardless that the Account was TRANSFERRED TO Richards name. So, there is a clear dispute as to whos debt it relates to. 5 Also, GWMWater has consistently failed to address the issue of pensioners rebate Richard and myself were entitled upon when having Berriwillock as a principle address of residence.
With this and other issues, I view any contract that GWMWater may hold as a water provider may have to be reconsidered and perhaps cancelled so that as the Minister made clear: 10 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 April 2003 ASSEMBLY SAFE DRINKING WATER BILL Ms PIKE (Minister for Health) QUOTE at Page 982 obliges the water suppliers to supply drinking water that meets a set of water quality standards, generally measured at or near the point at which the drinking water is supplied to consumers. END QUOTE
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20 This means at the supply point at the water meter of the relevant property! If no supply point exist then no charges should be applicable. I understand that GWMWater charge property owners even if no water pipe connection and so no water meter exist. One may ask what legal basis then exist to charge for services it doesnt render? 25 In my view for so far the EWOV cannot itself enforce Victorian Government Standards, etc, against any offender (being it GWMWater or other water provider) then I view a special person should be appointed who can exercise such powers and force GWMWater to comply, refund monies, pay compensation and also who may even be authorised to take over the running and management of a water provider to ensure that it shall within the shortest possible period of time 30 comply with Victorian Government Standards and other relevant legislative provisions. After all, if it is under contract with the Victorian Government then I view the Victorian Government can exercise such powers where a water provider fails to comply, in a similar manner when an administrator is appointed to run a municipal/shire council (also corporations) where it fails to conduct matters appropriately for and on behalf of the Victorian Government. 35 This correspondence is not intended and neither must be perceived to refer to all issues/details. Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)
MAY JUSTICE ALWAYS PREVAIL

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(Our name is our motto!)
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WITHOUT PREJUDICE Energy and Water Ombudsman Victoria 5

Helen Friend Manager Customer Relations GWMWater

END QUOTE 8-1-2014 Email from GWMWater

Where you contacted by GWMW and If so, what was discussed?

What information has GWMW provided you in relation to your concerns?

Is GWMW still currently working on your complaint?

The following is mugs design.

Why does the issue remain unresolved?

What are you seeking to have this issue resolved?

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briefly, be suspected of posing a risk to public health. END QUOTE

MAY JUSTICE ALWAYS PREVAIL

(Our name is our motto!)

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