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Mr Martin Pakula, Attorney-General

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28-10-2015

martin.pakula@parliament.vic.gov.au & attorney-general@justice.vic.gov.au

Cc:

Daniel Andrews Premier Victoria daniel.andrews@parliament.vic.gov.au

Elliott Stafford and Associated lawyers@elliottstafford.com.au
Magistrates Court of Victoria at St Arnaud starnaudcoordinator@magistratescourt.vic.gov.au
Buloke Shire Council buloke@buloke.vic.gov.au

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Ref; 20151028-G. H. Schorel-Hlavka O.W.B. to Mr Martin Pakula Attorney-General
Re MAY JUSTICE ALWAYS PREVAIL

Sir,
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While I have not received so far from you any decent response upon my past
correspondences relating to this matter regarding the misuse and abuse of FIRE PREVENTION
NOTICES, the Infringement Notices and the court systems this regrettably is how most
politicians particularly those in a position as a Minister of the Crown operate. Still the issues
will not go away, but will only underline the gross misuse and abuse of powers by Governments.
Thje same is with lawyers who represent buloke shire Council, which I view when asked for
legal advice and to representBuloke Shire Council should at the very least show competence in
the filed of klaw they advise their clientand represent it. In my view even a 1st yearlaw student
would be aware that one first has to consider the legal basis upon to litigate, such as if the
original notification, such as the FIRE PREVENTION NOTICE, is issued within the legal
provisions applicable. If not then there is no case to pursue. It therefore has to be questioned why
Buloke Shire Council year after year after year issued invalid FIRE PREVENTION NOTICES
and its lawyers by this obtained court orders against people against whom they were directed?
How many persons paid Infringement Notices based upon those invalid FIRE OPREVENTION
NOTICES? How many had Infringement Court orders and perhaps even warrants issued against
them all based upon invalid FIRE PREVEDNTION ORDERS? As I understand it ES&a Legal
Practitioner had other cases before the court on 17 September 2015 and the question is where
they also relating to the same kind of invalid FIRE PREVENTION NOTICES? How on earth
could a lawyer not detect the fact that all those FIRE PREVENTION NOTICES are invalid?
In my view a full and proper independent inquiry should be held to investigate this all. After all
MAY JUSTICE ALWAYS PREVAIL and all monies scammed of land owners are refunded
and they are also compensated for their cost.
What this also shows that the Infringement Notice system is open for racketeering by councils
and others where innocent people are subjected to the conduct of unscrupulous lawyers who
despite being OFFICERS OF THE COURT are so to say willing to sell their grandmothers
grave if they can make money out of it. If this stand for being an OFFICERS OF THE COURT
then little wonder lawyers are seen as vultures and abusing the court systems.
Over the years thousands of these kinds of invalid FIRE PREVENTION NOTICES may have
been issued and yet no one bothered to address this. After all so to say picking the bones of the
vulnerable is not something beyond the unscrupulous.

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p1
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Mr G. H. Schorel-Hlavka O.W.B.
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As I indicated in my various writings how on earth can Buloke Shire Council pursue a safety
issue when it has blatantly disregarded the safety of the local community ignoring the
untreated water issue?
Here we have CFA fire fighters fighting fires and in the process not uncommon are having the
water splashed upon them and unbeknown to them this untreated water (consider the Fiskeville
issue) can be very dangerous to them. They wash their hands in that very water!
Version No. 151, Country Fire Authority Act 1958, No. 6228 of 1958, Version incorporating amendments as at,
23 September 2015

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QUOTE
municipal fire prevention officer means a person appointed by a municipal council under section
96A(1)(a) to be the fire prevention officer for that council;
END QUOTE

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Version No. 151, Country Fire Authority Act 1958, No. 6228 of 1958, Version incorporating amendments as at,
23 September 2015
QUOTE
96A

Municipal fire prevention officers and assistants

(1) Each municipal council, the municipal district or part of the municipal district of which is in the
country area of Victoria

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(a) must appoint a person to be the fire prevention officer for that council for the purposes of this
Act;
(b) may appoint any number of persons it thinks fit to be assistant fire prevention officers.

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(2) A fire prevention officer may, by written instrument, delegate to an assistant fire prevention officer,
either generally or as otherwise provided in the instrument, any power or duty of the fire prevention
officer under this Act or the regulations except this power of delegation.
END QUOTE

The legislation doesnt require the Municipal fire prevention Officer to have any qualifications or
other training to be a competent Municipal fire prevention Officer and as such so tio say council
could appoint a child that attends to kindergarten as the Municipal Fire Prevention Officer as this
still would comply with the legislation (a) must appoint a person to be the fire prevention officer for that
council for the purposes of this Act; unless of course it is held that the person must be competent to
assess/being able to form an opinion upon relevant details that a fire danger exist.

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Version No. 151, Country Fire Authority Act 1958, No. 6228 of 1958, Version incorporating amendments as at,
23 September 2015
QUOTE
41 Fire prevention notices

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(1) In the country area of Victoria, the fire prevention officer of a municipal council may serve a fire
prevention notice on the owner or occupier of land in the municipal district of that council (other
than a public authority) in respect of anything
(a) on that land, other than a building or in a building;
(b) on the adjacent half width of any private street that abuts that land

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(other than a prescribed thing or class of things) that by its nature, composition, condition or
location constitutes or may constitute a danger to life or property from the threat of fire.
(2) A fire prevention notice may be served only if the fire prevention officer forms the opinion
(a) that it is necessary, or may become necessary, to do so to protect life or property from the
threat of fire; and

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(b) that there is no procedure under any other Act or regulations made under any Act that is more
appropriate in the circumstances to address that threat.
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3
(3) A fire prevention notice
(a) must be in the prescribed form;
(b) may require the owner or occupier to take the steps specified in the notice to remove or
minimise the threat of fire;

(c) must specify the time (not less than 7 days) within which the owner or occupier must comply
with the notice;
(d) must contain any prescribed information.
END QUOTE

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Again the issue is that the Fire Prevention Officer forms the opinion (a)

that
it
is
necessary, or may become necessary, to do so to protect life or property from the threat of fire; and . Hence

the person appointed must be a person who has a competence in making assessments. Where
there is no use of electricity/gas, etc on a property then obviously it cannot be held that the
property is a fire danger because the only way any fire could be on the property would be that
it is originating from another property. Clearly it is beyond the control of a landowner to deal
with another persons property.
The reference to may require the owner or occupier to take the steps specified in the notice to remove or
minimise the threat of fire; clearly relates to something that actually can cause or create fire and not
something that may eventually may get on fire due to external sources.
A tree or a bush can get on fire if a fire rages from another property but it would be sheer and
utter nonsense to expect that trees and bushes are to be removed from any private property. There
is such a thing as FEE SIMPLE as I placed before the county court of Victoria very successfully
in the Colosimo case, and as such a council must not use the Country Fire Authority Act 1958 as
to try to undermine a persons FEE SIMPLE rights. The State of Victoria by the 2-1-1901
published in the Gazette Letters Patent can for and on behalf of the Crown administrate the sale
of FEE SIMPLE properties but it cannot by this interfere with the rights of the Crown passed on
in FEE SIMPLE when a person purchase the property from the Crown or any person who last
owned the FEE SIMPLE property. It is the same like a real estate agent who sells a property for
a property owner, but cannot then subject the sale to invoke interest in the property against the
new owner FEE SIMPLE rights. As such, any legislation by the State of Victoria (and so any
other state) regarding a FEE SIMPLE property must avoid to in any way undermine the FEE
SIMPLE rights of the relevant property owner.
It is very obvious that a property owner must not use a property that would result to harm to
other property owners. Such as for example playing in the middle of the night a drum set that
denies surrounding property owners their night sleep. This, as then the property owner is denying
other property owners their peace and tranquillity they are entitled upon. However, unless a
person has an actual open fire on a property that endangers the surrounding properties there
ought to be no issue for a FIRE PREVENTION NOTICE merely because the council likes to
scam/racketeer monies while itself having across the road actual fire danger with more than a
metre high grass that at times result in fires.
Buloke Shire Council closed down the local tip about 2 decades ago and by this actually obstruct
land owners to dispose of any branches and other combustible material they desire to dispose of.
As such Buloke Shire Council is creating by this conditions upon landowners that then the fire
prevention officer may deem to be a fire hazard this even so the landowners are charged for
tipping cost even so none is available. That is unless one drives distances to another
township/town. In my view a competent Municipal fire prevention officer would have pursued
that Buloke Shire council all along provides a local tipping area so landholders can dispose of
combustible materials if they desire to do so in a safe manner.
While Sea Lake tip is about 20 kilometres away, the added cost of travelling and the loss of time
surely is an issue that unduly burdens landholders. Access to a local tip should be the first
p3
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4
concern. Besides this, medical and human (from the local hospital) as well as animal waste have
often reported by me to Buloke Shire Council to be occurring in Sea Lake tip and (Albeit
licensed to do so at the time) I removed certain chemical marked poison bottles from the tip as
evidence. And this tip is flooded at times and when the water recedes then the salt left in the lake
I understand is collected and used for human consumption.
As such, if we really desire to talk about the safety of people then why has Buloke Shire Council
blatantly disregarded these issues for at least 25 years?
.

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Version No. 151, Country Fire Authority Act 1958, No. 6228 of 1958, Version incorporating amendments as at,
23 September 2015, 3
Definitions
QUOTE

country area of Victoria means that part of Victoria which lies outside the
metropolitan district, but does not include any forest, national park or
protected public land;
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END QUOTE

The meaning of protected public land in my view cannot refer to open public spaces such as
highways and so its soft shoulders (grass) and abutting land under the control of Buloke Shire
Council.
Version No. 151, Country Fire Authority Act 1958, No. 6228 of 1958, Version incorporating amendments as at,
23 September 2015, 3
Definitions
QUOTE
43 Duties and powers of councils and public authorities in relation to fire

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(1) In the country area of Victoria it is the duty of every municipal council and public authority
to take all practicable steps (including burning) to prevent the occurrence of fires on, and
minimise the danger of the spread of fires on and from
(a) any land vested in it or under its control or management; and
(b) any road under its care and management.

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(2) A municipal council or public authority may

(a) acquire any equipment;
(b) do any thing;
(c) expend from its funds any amount
that is necessary or expedient for the purpose of fulfilling its duty under subsection (1).

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(3) If the cost of maintenance of a road is apportioned between municipal councils or public authorities
or both the cost of fulfilling the duty imposed by subsection (1) must be apportioned in the same
manner.
END QUOTE

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Whereas the Country Fire authority Act 1958 sets out (2) A fire prevention notice may be served only
if the fire prevention officer forms the opinion
(a)
that it is necessary, or may become necessary, to do
so to protect life or property from the threat of fire; and and as such specifically is related to from the
threat of fire councils however have a far greater obligation as they are to prevent the

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occurrence of fires on, and minimise the danger of the spread of fires.
As such, while land owners are limited to threat of fire (that it is necessary, or may become necessary,
to do so to protect life or property from the threat of fire ) and not imaginary fire dangers, councils must
however have to avoid occurrence of fires as well as the spread of fires. Therefore
considering thousands of motor vehicles driving along highways such as Calder Highway within
Shire of Buloke, then the fires along the highway is far greater then on a private property,
certainly where no motor vehicles are in use on that property.
p4
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5
We then have to look at the real situation such as where the Municipal Fire Prevention Officer
issued a FIRE PREVENTION NOTICE against me in 19/11/2013.

Do note this Fire prevention Notice was issued on 19 November 2013 long after I had already on
2 October 2013 slashed the growth, as shown above. Let us then consider the existing situations!
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QUOTE 20150101-Schorel-Hlavka to Buloke Shire Council care of J Groves

When I was travelling along the Calder Highway near the Nullawil sign (see photo below) this is the height
of the weed/grass along it. It nearly touched the lower part of the sign!

p5
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Mr G. H. Schorel-Hlavka O.W.B.
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Photo (below) taken on 2 October 2013 just outside Berriwillock along the Calder Highway.
The weed/grass is level to the side mirror of my motor vehicle, that high!
Clearly over a metre high weed/grass!

Photo (below) taken on 2 October 2013 just outside Berriwillock, along the Calder Highway.
Clearly over a metre high weed/grass!

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Berriwillock property (below), at arrival on 2 October 2013. Weed a lot lower then along the highway!
Weed/grass is a mere about 200 mm high, a lot lower then it is at the Calder Highway!

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Weed/Grass along Calder Highway in Shire of Buloke (Photo below)
p6
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Mr G. H. Schorel-Hlavka O.W.B.
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7
Clearly over a metre high weed/grass!

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Weed/Grass along Calder Highway in Shire of Buloke (Photo below)

Clearly over a metre high weed/grass!

How my property was left after slashing the weed/grass. (Photo below)

END QUOTE 20150101-Schorel-Hlavka to Buloke Shire Council care of J Groves

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As such, it is clear that the real danger to life and property is where across the road, down the
road Buloke Shire Council has the weed growing in excess of 1metre high along the Calder
Highway a major highway, where motor vehicles in fact can and do cause so called grass fires,
by pulling over into the soft shoulders not realising that their under the vehicle muffler and
further system is very hot and at times result in fires.
Moreover, the FIRE PREVENTION NOTICE was issued seemingly automatically without any
consideration as to the real condition of the property versus that of Buloke Shire Council.
As such this seems to underline that Mr Wayne Wall is issuing as a matter of fact FIRE
PREVENTION NOTICES regardless if there is any legal justification for doing so, and then later
may check if there is anything to justify the issue of an Infringement Notice. Hence, the wording
of every of perhaps of thousands of FIRE PREVENTION NOTICES are issued in simular if not
identical manner as the Municipal Fire prevention officer simply didnt bother to actually check
if the FIRE PREVENTION NOTICE in his opinion is justified. Actually, the same eventuated
in 2014 where the property was slashed before the issue of the FIRE PREVENTION NOTICE
and again before the issue of the Infringement Notice, and yet the Infringement Notice was
nevertheless issued. The issue is however that if the Fire Prevention Notices are issued without
the Municipal Fire prevention officer having been able to form an opinion as to consider the
actual condition on the property concerned then the Fire Prevention Notice is then in violation to
the legal requirements of the Country Fire Authority Act 1958 and cannot then be used as a
basis to institute any Infringement Notice, not to be relied upon by any court.
p7
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8
It must be clear that the courts cannot invoke jurisdiction where the basis of litigation relies upon
an invalid Fire prevention Notice. Let alone ton issue orders without any evidence whatsoever as
what eventuated on 17 September 2015 in the Magistrates Court of Victoria at St Arnaud venue.
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It appears to me very clear that Buloke Shire Council legal representatives not only disregarded
proper consideration as to the legal justification of any litigation but employed deplorable
conduct to have the matter heard in a court venue that was highly inappropriate. Obviously this
may be to prevent a respondent to be able to attend. Make it as difficult as possible for a
defendant to defend himself/herself! While this appears to have been the modus operandi of
Buloke Shire Council and its legal representatives it however doesnt deter me a bit.
As I was in serious ill health (Actually while I am recovering my wife now appears to suffer of
the same and she is very upset I have to attend to court and attend to Berriwillock while she is in
ill health!) unable to travel long distances Buloke Shire Council and its legal representatives I
view reprehensively nevertheless went ahead in litigation. And while I didnt approve of this I
did however expect this all along, as much as I expected that Premier Daniel Andrews and the
Attorney-General would so to say turn their back to what is their duty and obligation and let
innocent people suffer gross injustices at the hands of unscrupulous councils and legal
representatives.
The mere fact that a person on 27 October 2014 attended to my Berriwillock property to make
photos of the condition then one has to ask why was the FIRE PREVENTION NOTICE then
issued 13 October 2015? After all if the Municipal Fire Prevention Officer had any legal
justification to issue the FIRE PREVENTION NOTICE on 13 October 2015 then there would
have been no need to attend to the property on 27 October 2015 as to try to obtain photographic
evidence! The mere fact that he attended on 27October 2o015 is an implied admission that he
issued the FIRE PREVENTION NOTICE without legal justification on 13 October 2015, besides
that it was in violation of the legislative provisions in any event. In my view a Municipal fire
prevention officer would have had absolutely no need to look at the property on 27 October 2015
some14 days after the FIRE PREVENTION NOTICE was issued if he had formed the opinion
on 13 October 2015 that the FIRE PREVENTION NOTICE was legally justified. And the
question then is did the Municipal Fire prevention Officer make an about 120KM return trip just
to make photographs of my property but not that of any other property nor recording the high
growth along the highways and the build-up of fire material (dead wood) along the high way
between trees and bushes? That I view underlines that it is a form of harassment upon me.
Peoples lives can and at times does get destroyed by the usage of the Infringement Notices
which as a modus operandi for councils to racketeer/scam monies of locals and the legal
profession appears to me to happily serve their purposes as to make monies out of it also and
they call themselves OFFICERS OF THE COURT? You got to be joking!
Nothing less than restitution of all illegally obtained fines/cost and compensation to all victims is
what should be pursued. And hold all culprits legally accountable!
AND TO MAKE SURE THAT NEITHER YOU OR THE PREMIER CAN HAVE A COP
OUT NOT TO HAVE KNOWN ABOUT MATTERS, I MADE SURE TO PROVIDE
COPIES TO YOU BOTH! DO YOUR JOB!
I look forwards to your positive reply!
This document is not intended and neither must be perceived to refer to all details/issues.

MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!)

(
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Awaiting your response,

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

p8
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Mr G. H. Schorel-Hlavka O.W.B.
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