WITHOUT PREJUDICE Water Law Review PO Box 500 5 East Melbourne VIC 3002 waterlaw.review@olv.vic.gov.

au Cc: Energy and Water Ombudsman Victoria 10

ewovinfo@ewov.com.au

25-2-2014

Chairman Peter Vogel (And other members of the Board of Directors) GWMWater info@gwmwater.org.au Ref: 2305224 15 Credit Collect Sir/Madam, On 24-2-2014 at 11.55pm, I came across your website indicating The closing date for submissions is Friday 14 February 2014 and hereby I request you to exempt this submission from this date and still accept my submission. 20 It would be impossible for me to read all relevant material in an instance and respond to it but I have concerns as to for example the Infringement notice system as some Bill of At tainder against the community. For example it (Infringement Notices) is a plague upon the community that should rather be eroded then implemented in new ways. 25 To give you an example: I have a property in Berriwillock and slashed the growth while making photos of the road side areas showing it to be in excess of 1 metres high. As such one would hold that a slashed property would show no fire danger whereas the unslashed areas under council control, in particular along highways would be a fire hazard. Well, low and behold I received a fire notice 30 not long after the slashing of my property. Not because there was a fire danger or need to slash but simply an abuse of power so the council can collect fines, whereas the real culprit placing communities in danger is the council itself, but no Infringement notices are issued against council doing so. I have for some 20 odd years a dispute with GWMWater as to the quality of its water or the lack 35 thereof. Now it seems to me to be a bit rich if it can issue Infringement notices against customers while it fails for some 20 years to comply with Victorian government Standards. It is no other function but a revenue system as Premier Napthine commented about Infringement Notices they are a form of tax. .
p1 25-2-2014 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, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

creditcollect@creditcollect.com.au Ref 369335

Despite the Minister speech to the Parliament about the Safe Drink Water Bill then being introduced for the second reading that it was for all Victorians and so also regional areas reality is the GWMWater fails to comply with this.
p2 25-2-2014 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, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

As such all that appears to be done is power abuse to punish citizens regardless if they are innocent of any wrongdoing with an ever expanding Infringement Notice system rather than to appropriately manage the safety of all Victorians. 5 As (now retired) Professional Advocate I took over from a barrister the Colosimo case where Mr Frank Colosimo was at his 6th contempt hearing before Her Honour Harbison J. I put it to hHer Honour on 16 March 2009 that the infringement Notices were without legal basis, were incorrectly issued and that no one in the world could comply with the nonsense of orders, etc. Also that council commenced to litigate against Mr Colosimo a week after it issued a building 10 certificate that the shed was lawfully build according to the legal requirements. Counsel for the council then sought to withdraw the contempt application which I opposed on the ground that once filed then only the court could deal with it. Her Honour agreed with my submissions and permanently stayed proceedings. Here we had a plethora of infringement notices that were not even properly issued from start and 15 some 4 years of litigation and all where in fact in the end it was accepted Mr Colosimo had done no wrong. Then I had a dispute with Banyule Council that issued a Infringement Notice where by their own claims I had been parked for 2 hours 29 minutes in a 3 hour parking zone and so exceeded (so they claimed) the 3 hour limit. It took many months and 2 appeals before they finally understood 20 that 2 hours and 29 minutes (as their own records indicated) was actually less then 3 hours as allowed for parking! So finally the Infringement notice was withdrawn. And many other like incidents have occurred where some thousands of (innocent) motorist in NSW were issued with Infringement Notices for having failed to pay the toll in Melbourne, and this because the company issuing the Infringement notices had accessed the incorrect data base. So infringement 25 system is nothing more but a grab for power and monies and I view nothing to do with JUSTICE nor to provide a safe and secure manner of conduct. Therefore the issue that the Infringement Notices somehow avoid burden upon the legal system cannot be agree as being so. I was advised by GWMWater that I had the option to place the matter in the hands of the EWOV 30 (Energy and Water Ombudsman Victoria) this I did. GWMWater appeared to me to claim that it is authorised by the Safe Water act 2003 not to supply drinkwater that is suitable for domestic/household use. I checked the Hansard and find neither in there or in the legislation any details that provide for a water supplier to provide untreated water for domestic/household usage. 35 We as a society should never use any system that undermines a persons democratic rights. Those who are planning/contemplating new laws/regulations should so to say play the d evils advocate and consider the adversities it can create and how the legislation may cause more harm then good.
p3 25-2-2014 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, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

As I understand it in past reports there were 35 offences by water suppliers and I understand that there appears to be a lack of proper supervision as to water providers. I have already indicated to the EWOV that I view that if there was to be a outbreak of poisoning or else due to a water supplier failing to provide Safe Drinking Water to a residential property then the directors , in 5 case any death occurs as result of consuming this water,, should be held legally liable for murder! That I view is the only way to get directors of their bums and get them to make sure they comply with legislative and another relevant provisions. Just consider if any person now involved in drafting new legislation and ignore to provide for this legal accountability for directors of water suppliers and then one of your family members 10 ends up falling ill and die because of drinking this water if you then still would be happy to have perhaps assisted to the death of this person by failing to provide for appropriate legal sanctions that may have avoided the death? Below have reproduced a banner as well as post cards which among other things I have had printed.

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What is so irresponsible is that while there is legislation for grey water, somehow GWMWater is providing untreated water through ordinary water pipe lines to residential properties in small towns. Why is it that we are providing funding for other countries so people can have access to drink 5 water when our own government cannot assure that people in country areas are provided with Safe Drinking Water? As a CONSTITUTIONALIST I am well aware that we have a system of a responsible Minister and so why is the responsible Minister not on the job to ensure that GWMWater and other water providers actually are in compliance with the Victorian Government standards? It 10 never should be up to citizens to do the job for the responsible Minister. We have a Government and parliament that held that all Victorians regardless where in the state of Victoria they reside are entitled to Safe Drinking Water but it seems GWMWater is a water supplier who takes the law into its own hands and couldnt give a darn about what the Government and/or the parliament decides as it does its own thing.. 15 It knows to well that so to say the EWOV is a toothless tiger which cannot really take action against them. So they seek to use a protracted system but not giving an inch. On 2 October 2013 I attended to my Berriwillock property and consumed that day 1 cup of coffee and the next day another cup of coffee. Thereafter I fell severely ill and was so for about 2 20 months since. My doctor did have blood samples taken in case I had something in there but that was cleared. But my wife at some stages came checking up on me just to make sure I had not died, that how badly I was. Well, I am now determine to have this mess sorted out once and for all and anyone who obstruct this may just have to consider that someday one of their own could perhaps die from drinking untreated water! 25 How often do people travel into the country area, unaware of that the drinkwater tap may actually only have untreated water. What if a school bus stops and the children get out and fall sick or even die? Who will then be legally responsible for consistently ignoring the rule of law and Government policy? Why is it that GWMWater despite acknowledging that it provides untreated water has failed to 30 place appropriate signs near every water inlet at a property where it supplies untreated water? Consider the DUTY OF CARE in Donohue v Stevenson! As I view it the responsible Minister is responsible and the fact that water supply has so much fractured in private corporations doing their own thing appears to me a lack of the responsible Minister doing his/her job. Creating more kind of terrorism legislation that will only escalate 35 problems rather than to resolve them can be done without. We need proper governance and legislation is not going to provide for this. Only a competent responsible Minister can ensure that matters are appropriately addressed. Anything else is more a Band-Aid solution as an alternative of a responsible Minister being responsible. If I turn on the tap on my country property and after about 20 years of pursuing this issue still cannot have safe drink water 40 regardless of legislation in place then surely more legislation isnt going to resolve this issue. 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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