20160606-G. H. Schorel-Hlavka O.W.B. To Local Government Rates Capping and Variation Framework ReviewTO BE CONSIDERED-etc

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Local Government Rates Capping and Variation Framework Review

Essential Service Commission
Commissions Chairperson, Dr Ron Ben-David
6-6-2016
Level 37, 2 Lonsdale Street, Melbourne Victoria 3000

localgovernment@esc.vic.gov.au
Cc;
Daniel Andrews Premier Victoria daniel.andrews@parliament.vic.gov.au

Mr Martin Pakula, martin.pakula@parliament.vic.gov.au & attorney-general@justice.vic.gov.au
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SUBMISSION
Ref; 20160606-G. H. Schorel-Hlavka O.W.B. to Local Government Rates Capping and Variation Framework Review
TO BE CONSIDERED-etc
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Sir/Madam,
It is regrettable that municipal/shire councils have been allowed increases beyond the rate cap
even nearly triple, where so much money is being squandered left right and centre by them.
I view that within the provisions of Section 109 of the Commonwealth of Australia Constitution
Act 1900 (UK) any increase beyond the increase the Commonwealth provides for pensions and
other welfare recipients beyond the level of increase the Commonwealth provides for its
pensioners and other welfare recipients is unconstitutional as it erodes/undermines the intentions
of the Commonwealth to provide a minimum basic standard of living income.
The states are created within s106 subject to this constitution.
It appears to me absurd that for example Buloke Shire Council will use so called rates extracted
from citizens to fund a fancy dress PUNK party under the cover of being regarding planning.
(See below some pictures reproduced from the website)
I received an email to which I responded;
QUOTE 6-6-2016 email
Re: yet another planning association

People
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Mr Gerrit H. Schorel-Hlavka O.W.B. <inspector_rikati@yahoo.com.au>
Today at 14:11 (6-6-2016)
Gary Collis
Mr G. H. Schorel-Hlavka O.W.B.
To
CC
Photos
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PLANET 2016.png
PLANET 2016.png
p1
6-6-2016
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: E-mail admin@inspector-rikati.com at blog Http://www.scribd.com/InspectorRikati
positive culture web.png
PLANET 2016.png
Download All
Message body
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Ok, those who know about the case against Frank Colosimo would be well aware that Maddocks
Lawyers where in January 2009 ordered to leav e the court room when I as Professional
Advocate representing Mr Frank Colosimo submitted they had no legal standing to be in the
court room.
.
And subsequently on 16 March 2009 before Her Honour Harbison J I used the very Authority
(case law) filed by Maddocks Lawyers for Moorabool Shire Council against themselves.
I view they were one of most incompetent lawyers to represent a Council and so some kind of
fancy dress party may just underline what they are about.
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Gerrit.
Constitutionalist & Consultant
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MAY JUSTICE ALWAYS PREVAIL

Mr. G. H. Schorel-Hlavka O.W.B., GUARDIAN
(OFFICE-OF-THE-GUARDIAN)
107 Graham Road, Viewbank, 3084, Victoria, Australia
Ph (International) 61394577209
.
Email; inspector_rikati@yahoo.com.au
The content of this email and any attachments are provided WITHOUT PREJUDICE, unless
specifically otherwise stated.
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If you find any typing/grammatical errors then I know you read it, all you now need to do is to
consider the content appropriately!
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A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING

CONCERNED TO BE LABELLED A FOOL.
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From: Gary Collis <edub@bigpond.net.au>

To:
Sent: Sunday, 5 June 2016, 22:18
Subject: yet another planning association
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Hi all,
Thought you might be interested in this yet another planning organization. Here is a PUNK
dinner for them. So if you feel like dressing up as a punk this coming Friday June 17th, it is
sponsored by Russel Kenney Lawyers. The list of councils that have paid for tabled is shown:
http://www.planning.org.au/events/event/pia-local-govt-dinner-2016
There is another event in Melbourne sponsored by Maddocks teaching young planners to take
cases to court but it is booked out sorry.
And for those poor South Australians:
Location: Wallmans Lawyers, Level 5/400 King William Street, Adelaide
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6-6-2016
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The Implementation of the Planning, Development and Infrastructure Act 2016 (SA) - what
you need to know
The implementation of South Australia's new planning regime is well underway with the
Planning, Development and Infrastructure Act 2016 (SA) (PDI Act) being passed in
Parliament and receiving Royal Assent on 21 April 2016.
Royal accent did that say? I would be very interested to see that happen.
And how about this one? Presented by Maddocks. Good for business is it?
Tuesday, 12 July 2016

PLANET 2016 - Enforcement law for planners
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Location: Melbourne, VIC

This course prepares the planner to understand and apply the enforcement process. It
covers different enforcement techniques for different situations and the role of the
statutory planner in assisting the enforcement officer to perform this function.
How about this one? All we have to do is re-label bullying as "tough love". Problem solved
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Thursday 28 July
PIA Proteus Positive Culture Day Melbourne
Location: Melbourne
This great one-day conference combines the two half-day programs; Creating A Positive
Culture and Tough Love Leadership to form a powerful Culture Day. Attend one or both.
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Another by Maddocks:
Thursday, 18 August 2016

PLANET 2016 - Writing for VCAT - a skills-based approach to advocating at the
Tribunal - AUGUST
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Location: Melbourne, VIC

In this workshop, the presenter will outline the principles of good drafting and the 'golden
rules' of writing for VCAT
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Hey this one is really popular. And yes it covers taking people to VCAT. Presented by a VCAT
member. Maybe he will do a presentation to CLRA for us to show his impartiality!?
Tuesday, 25 October 2016
PLANET 2016 - The A - Z of Planning - FULLY BOOKED!
Location: Melbourne. VIC
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The course covers the difference between the statutory and strategic context of the Victorian
planning system, the layers of policy and the day-to-day process requirements of the planning
office including statutory processes, decision making, enforcement and VCAT procedures.
Now I will see if I can find some corruption.
Gary Collis
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END QUOTE 6-6-2016 email

p3
6-6-2016
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https://au-mg6.mail.yahoo.com/neo/launch?.rand=47icbpd0667qt#
Rate/Tax payers' Money wasted by Whitehorse, Banyule etc.

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People
healthachievers - <healthachievers@hotmail.com>
Today at 22:38
Message body
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http://www.planning.org.au/events/event/pia-local-govt-dinner-2016
What a waste of money, Marg
PIA Local Government Planners' Dinner 2016
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The Planning Institute Australia would like to invite you to the annual Local Government
Planners Dinner. This years theme is Punk and the evening promises to be our greatest dinner
yet, full of networking, dancing, celebration and prizes.
Continuing the tradition, we invite you to decorate your table for the centrepiece competition
with prizes - councils create a table piece that reflects the Punk of your Council. Dress up, dine
and dance - there's no work the next day! Tables seat 12 but you can register groups of 8, 10 or
12, and mixed tables can be arranged.
Date
Friday, 17 June 2016
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Time
7pm for pre drinks
7.30pm 12 midnight
Venue
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Leonda by the Yarra

2 Wallen Road, Hawthorn
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6-6-2016
Registration
Please register online using the options to the right. Tables seat 12 but you can register groups of
8, 10 or 12, and mixed tables can be arranged.
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Individual Prices
Members - $130
Non-members - $180
Table Prices
Table of 8 - $1440
Table of 10 - $1800
Table of 12 - $2160
Thank you to the following councils who have already booked tables:
Banyule
Bayside
Boroondara
Cardinia
Hobsons Bay
Hume
Kingston
Monash
Moonee Valley
Moreland
Whitehorse
Yarra Ranges
For further information contact PIA at vic@planning.org.au
Please let us know if you have special dietary requirements.
Centrepiece Guidelines
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The venue will be accessible between 6.30pm to 7.00pm to decorate your tables. Tables will be
provided with a white tablecloth. Remember, this is about fun and creativity not expense.All
materials used must be no more that 900mm high and the base must not exceed 300mm wide.
Please be aware of safety issues, no sharp or hazardous materials are to be used. All centrepieces
must be dry and taken home at the end of the evening or they will be disposed of.
Again:
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Time
7pm for pre drinks
7.30pm 12 midnight
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Not particular a day time meeting for planning!

How on earth can Buloke Shire Council justify the 3.05% increase where as I have made clear it
wasted about $20,000 litigating against me, without conviction, and is having staff attending to
p5
6-6-2016
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some PUNK party under the guise of being for planning? And not to ignore the travel times of
perhaps about 7 hours in total, the cost of travel, the booking of the seats, perhaps overnight cost
and/or a taxi fare of hundreds of dollars, etc.
Not to forget it wasted about $20,000 on litigation against me without scoring any conviction!
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This shows the website as to applicants (Victoria) and those who were approved, including
Buloke Shire Council!
One has to ask how many other such absurd expenditure is to be supported by an over the cap
increase under the guise of being needed for other projects?
Nothing in this writing is intended and neither must be perceived to indicate that somehow I
accept council rates (delegated land taxation) to be lawful!
In the matter between Buloke Shire Council and myself I raised various constitutional issues but
the court sidestepped to deal with them.
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The documentation can also be downloaded from http://www.planning.org.au/events/event/pia-local-
govt-dinner-2016
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I seek that the increase allowed for Buloke Shire Council is reconsidered/reviewed as obviously I
view Buloke Shire Council has so to say led the Essential Service Commission by the nose to seek
to justify and increase beyond the cap while not disclosing how it was wasting monies.
It may mean that the Essential Service Commission simply is not up to the job to appropriately
deal with applications of increases beyond the rates cap because I view Buloke Shire Council is a
clear example where it concealed the misuse/abuse of rates collected. In my view Buloke Shire
Council ought to have disclosed in its application for an increase beyond the rate cap how it was
engaged in spending monies on such a ridiculous PUNK party under the guise of planning.
Essential Services Commission 2016, Buloke Shire Council Decision on application
for a higher cap for 2016-17, May.
QUOTE
The six legislative matters are:

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6-6-2016
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the proposed higher cap for each specified financial year

the reason for which the council seeks the higher cap
how the views of ratepayers and the community have been taken into account in
proposing the higher cap
how the higher cap is an efficient use of council resources and represents value for
money
whether consideration has been given to reprioritising proposed expenditures and
alternative funding options and why those options are not adequate and
that the assumptions and proposals in the application are consistent with the
councils long-term strategy and financial management policies set out in the
councils planning documents and annual budget.
END QUOTE
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QUOTE
BOX 1 OBJECTIVES OF THE FAIR GO RATES SYSTEM
to promote the long-term interests of ratepayers and the community in relation to
sustainable outcomes in the delivery of services and critical infrastructure and
to ensure that a council has the financial capacity to perform its duties and
functions and exercise its powers.
The Act also requires the Commission to have regard to a councils record of
compliance with previous years caps.4 However, as this is the first year of the FGRS,
this has not been a relevant consideration when assessing applications for higher caps
in the 2016-17 rating year.
END QUOTE
QUOTE
BOX 2 COMMISSIONS DECISION ON BULOKE SHIRES APPLICATION
Buloke has applied for a higher cap of 3.05 per cent, that is, 0.55 per cent higher
than the Ministers rate cap for 2016-17.
The Commission has assessed Bulokes application and decided to approve its
proposed higher cap of 3.05 per cent for 2016-17.
On balance, the Commission is satisfied that a higher cap is appropriate because
Council has clearly identified in its current 4 year Strategic Resource Plan a strategy
to repay a $7 million loan in 2019. The application is consistent with that strategy.
However, the Commission considers Buloke should prioritise the development of a
comprehensive long-term financial plan that extends beyond the repayment of the
loan and reflects community preferences and affordability, including setting clear
targets for key financial indicators to achieve ongoing financial sustainability.
END QUOTE
QUOTE
2. WHAT DID THE COUNCIL APPLY FOR AND WHY?
Buloke sought a higher cap of 3.05 per cent in 2016-17 (inclusive of the Ministers rate
cap of 2.5 per cent). Buloke estimated that this would result in additional revenue of
$56 028 for 2016-17.
Buloke advised that the additional revenue will continue to deliver Council a surplus in
order to repay its borrowings and to provide Council with working capital to remain
financially sustainable.5
A copy of Bulokes application and its response to our request for information (RFI) is
available on our website (www.esc.vic.gov.au). Appendix A shows the communications
between the Commission and Buloke during the assessment period.
END QUOTE
Realistically if Buloke Shire Council can afford to waste tens of thousands of dollars then I view
the Essential Service Commission may have to have another look at Buloke Shire Council (and I
suggest any other council) how they may cover up expenditure for things like a PUNK party for
purportedly being something very serious like a planning meeting.
p7
6-6-2016
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While it may be argued that Buloke Shire Council made its submissions for an increase long
before booking the table at the venue, nevertheless I view that it should then have provided a
supplement to the Essential Service Commission, before it made its decision, as published on 31
May 2016. As I understand it the booking was made before the Essential Service Commission had
handed down its decision, and as such Buloke Shire Council is I view mismanaging its monies and
considering the cost of preparing the submission and presenting it Buloke Shire Council could have done
well without any submission if it had not litigated against me, not made the submission and not engage in
expenditure like a PUNK party. In my view Buloke Shire Council failed to reveal to the Essential
Service Commission relevant details, prior to it having handed down its decision, as it must be held that
Buloke Shire Council had a legal obligation to disclose its true financial affairs, and by this the Essential
Service Commission must set aside its decision to allow for an increase in the rate cap and limit this to
2.5% . Likewise it may have to reconsider any other approvals.
I received from ES&a Associates on behalf of Buloke Shire Council correspondence dated 120
June 2015,where under Cross examination by me on 30 May 2016 before His Honour Carmody J
in the County Court of Victoria Mr Wayne Wall admitted he was not a lawyer!
A law firm that advises me to contact a non-lawyer as a Councils Local Laws Officer regarding
legal issues!
How absurd is this? And little wonder Buloke Shire Council is having un called legal cost and
one may ask if this is lawful for a law firm to use a non-lawyer to deal with legal issues for
Buloke Shire Council where it appeared to me going by Counsel for Buloke Shire Council stated
to His Honour Carmody J on 17 May 2016 that Mr Wayne Wall didnt turn up because of the
confusion of the word Council and Counsel. By this the case had to be adjourned. And as
councillor Mr Milne wrote to me he didnt even understand what the litigation by Buloke Shire
Council was about. Excuse me an about $20,000 litigation at cost of rate payers and a councillor
hasnt got a clue what it is about? Who then is managing Buloke Shire Council one may ask?
And is this why perhaps Buloke Shire Council may have deliberately concealed from the
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Essential Service Commission its true financial position and how it funds a PUNK party meeting under
the guise of a planning meeting, etc? I view Buloke Shire Council responsible officers should be
charged for perverting the course of justice by having misled/concealed from the Essential Service
Commission relevant details and by this fraudulently obtained a rate cap increase.
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What I urge to be done is to investigate if Buloke Shire Council is financially managing appropriately and
to ensure that those who were involved in deceiving the Essential Service Commission beheld legally
accountable! Also that for so far not already provided for appropriate legislation is provided for to make it
a criminal offence to deceive the Essential Service Commission. As Mr Wayne Wall Municipal Fire
Prevention Officer admitted to His Honour Carmody J that there was a fire danger near the Berriwillock
signage (as I filed photos of this) just that he didnt have this cleared at all. And this also underlines that
Section 41 of the Country fire Authority act 19258 needs to be amended to include Municipal/shire
councils and other Government Department to be liable to criminal prosecution where the knowingly
and/or otherwise leave fire danger during a fire danger period, and this potentially leave voluntary fire
fighters unduly at the perils of fire dangers, and so motorist using the highways, as well as local
communities.
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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
6-6-2016

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Local Government Rates Capping and Variation Framework Review

Level 37, 2 Lonsdale Street, Melbourne Victoria 3000

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

Re: yet another planning association

Mr Gerrit H. Schorel-Hlavka O.W.B. <inspector_rikati@yahoo.com.au>

Today at 14:11 (6-6-2016)

positive culture web.png

MAY JUSTICE ALWAYS PREVAIL

A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING

From: Gary Collis <edub@bigpond.net.au>

Tuesday, 12 July 2016

Location: Melbourne, VIC

Thursday, 18 August 2016

Location: Melbourne, VIC

END QUOTE 6-6-2016 email

Rate/Tax payers' Money wasted by Whitehorse, Banyule etc.

PIA Local Government Planners' Dinner 2016

Leonda by the Yarra

QUOTE 5-6-2016 email

END QUOTE 5-6-2016 email

Not particular a day time meeting for planning!

The six legislative matters are:

the proposed higher cap for each specified financial year

MAY JUSTICE ALWAYS PREVAIL

Awaiting your response,

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

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