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Daniel Andrews Premier Victoria

3-9-2015
daniel.andrews@parliament.vic.gov.au
Cc: Michelle Ainsworth michelle.ainsworth@news.com.au,
Victorian Electoral Commissioner Email: complaints@vec.vic.gov.au,
Hon. Bruce Atkinson, MLC President of the Legislative Council bruce.atkinson@parliament.vic.gov.au,
Telmo Languiller (Speaker since 23 December 2014) telmo.languiller@parliament.vic.gov.au,
Bill Shorten Bill.Shorten.MP@aph.gov.au,
Senator George Brandis senator.brandis@aph.gov.au,
George Williams george.williams@unsw.edu.au,
Mr Clive Palmer Admin@PalmerUnited.com,
Jacqui Lambie senator.ketter@aph.gov.au,
Mr Tony Abbott PM C/o josh.frydenberg.mp@aph.gov.au,
Herald Sun Andrew Bolt news@heraldsun.com.au, readerfeedback@heraldsun.com.au,
Mark Robinson mark.robinson@news.com.au, jay.clark@news.com.au
Auditor General Level24, 35 Collins Street, Melbourne, Vic 3000 comments@audit.vic.gov.au

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Ref; 20150903-G. H. Schorel-Hlavka O.W.B. to Premier of Victoria Mr Daniel Andrews & VECPRESS RELEASE-Re COMPLAINT-Electoral matters -etc

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Daniel,
As you may recall I wrote extensively to yourself, the VEC (Victorian electoral
Commission) the Auditor-General, (then) Premier Dennis Napthine, Hon. Bruce Atkinson, MLC
President of the Legislative Council and former Speaker Christine Fyffe, about using Consolidated
Revenue Funds for public purposes and not for office staff to use it for elect ion campaigns.
The following was quoted in various correspondences such as:

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20141203-G. H. Schorel-Hlavka O.W.B. to Victorian Electoral Commission-COMPLAINT

20140328-G. H .Schorel-Hlavka O.W.B. to Victorian Auditor General
20140604-G. H .Schorel-Hlavka O.W.B. to Premier D Napthine-Re Geoff Shaw MP-etc20140607-G. H .Schorel-Hlavka O.W.B. to Speaker Christine Fyffe-COMPLAINT-etc
20140613-G. H .Schorel-Hlavka O.W.B. to Louise Asher Re Mr Geoff ShawREQUEST for DETAILS and INFORMATION-etc
20140615-G. H. Schorel-Hlavka O.W.B. to Bruce Atkinson MLC -Re Geoff Shaw saga-etc
QUOTE
From:
To:
Cc:
Date:
Subject:
Attachments:

Speaker@parliament.vic.gov.au <speaker@parliament.vic.gov.au>
schorel-hlavka@schorel-hlavka.com
Friday, June 06, 2014 03:59 pm
Correspondence dated 5 and 6 June 2014

Text version of this message. (1KB)

Dear Mr Schorel-Hlavka
I confirm receipt of your letters of 5 and 6 June 2014 and note your insights.
Thank you for taking the time to raise your concerns with me.
Kind regards
p1
3-9-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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Hon Christine Fyffe MP
Speaker, Legislative Assembly
State Member for Evelyn
Legislative Assembly, Parliament House, East Melbourne, VIC 3002
T: 96518580
F:96514444
E:speaker@parliament.vic.gov.au
///////************************************************************/////////////// Parliament of
Victoria . Important Disclaimer Notice: The information contained in this email including any attachments, may be
confidential and/or privileged. If you are not the intended recipient, please notify the sender and delete it from your
system. Any unauthorised disclosure, copying or dissemination of all or part of this email, including any
attachments, is not permitted. This email, including any attachments, should be dealt with in accordance with
copyright and privacy legislation. Except where otherwise stated, views expressed are those of the individual
sender.

END QUOTE

The difference of date appears to be that as to when it was attended to by the Speaker.
QUOTE 20140615-G. H. Schorel-Hlavka O.W.B. to Bruce Atkinson MLC -Re Geoff Shaw saga-etc

http://ag.ca.gov/ethics/accessible/misuse.php
QUOTE

Ethics Orientation for State Officials

Misuse of Public Funds

Public Funds may not be Used for Personal Purposes

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The starting point for any analysis concerning the misuse of public funds begins with the principle that public
funds must be expended for an authorized public purpose. An expenditure is made for a public purpose when
its purpose is to benefit the public interest rather than private individuals or private purposes.
Once a public purpose is established, the expenditure must still be authorized. A public official possesses
only those powers that are conferred by law, either expressly or impliedly.
The California Constitution and a variety of state statutes make it clear that public funds may not be
expended for purposes that are primarily personal. Such expenditures are neither for a public purpose nor are
they authorized.
The prohibition against using public funds for personal purposes does not mean that no personal benefit may result
from an expenditure of public funds.
For example, the payment of a public employees salary confers a personal benefit on the employee, but it is an
appropriate expenditure of public funds because it is procuring the services of the employee for public purposes.
The misuse of public funds occurs when the personal benefit conferred by a public expenditure is not merely
incidental. The term public funds is not limited to money, but includes anything of value belonging to a public
agency such as equipment, supplies, compensated staff time, and use of telephones, computers, and fax machines
and other equipment and resources.
Examples of Misuse of Public Funds

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1. In People v. Dillon, a city commissioner used official government discounts to purchase items for himself
and others. This was a misuse of public funds, even though those receiving the discount paid for the
items with personal funds.
2. In People v. Sperl, a county marshal furnished a deputy marshal and a county vehicle to transport a
political candidate, his staff and family.
3. In People v. Battin, a county supervisor used his county compensated staff to work on his political
campaign for Lieutenant Governor.

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4. In People v. Harby, a city official used a city car, entrusted to him for use in connection with official
business, to take a pleasure trip from Los Angeles to Great Falls, Montana and back.
Violations of the laws prohibiting misuse of public funds may subject the violator to criminal and civil sanctions.
These penalties may include imprisonment for up to four years and a bar from holding office.
END QUOTE
p2
3-9-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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3
END QUOTE 20140615-G. H. Schorel-Hlavka O.W.B. to Bruce Atkinson MLC -Re Geoff Shaw saga-etc

I see no need to quote the same of every correspondence but safe to say that the heading of
this correspondence included the following:
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QUOTE 20140615-G. H. Schorel-Hlavka O.W.B. to Bruce Atkinson MLC -Re Geoff Shaw saga-etc

WITHOUT PREJUDICE
Hon. Bruce Atkinson, MLC
President of the Legislative Council

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15-6-2014

President's Office
Parliament House, Spring Street, Melbourne 3002 Victoria, Australia
Phone: +61 3 9651 8675 Fax: +61 3 9651 8996
E-mail: bruce.atkinson@parliament.vic.gov.au

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Cc:

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Christine Fyffe, Speaker christine.fyffe@parliament.vic.gov.au

Mr D. Napthine Premier of Victoria denis.napthine@parliament.vic.gov.au
Treasurer Michael OBrien michael.obrien@parliament.vic.gov.au
Daniel Andrews leader ALP daniel.andrews@parliament.vic.gov.au
Mr Geoff Shaw geoff.shaw@parliament.vic.gov.au
Robert Clark Attorney General robert.clark@parliament.vic.gov.au
Louise Asher louise.asher@parliament.vic.gov.au
Matthew Johnston matthew.johnston@news.com.au
David Hurley david.hurley@news.com.au
Mr Ken Smith ken.smith@parliament.vic.gov.au
George Williams
george.williams@unsw.edu.au
Ref; 20140615-G. H. Schorel-Hlavka O.W.B. to Bruce Atkinson MLC -Re Geoff Shaw saga-etc

Sir,
END QUOTE 20140615-G. H. Schorel-Hlavka O.W.B. to Bruce Atkinson MLC -Re Geoff Shaw saga-etc

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Did you notice it included Daniel Andrews leader ALP daniel.andrews@parliament.vic.gov.au?

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As such it ought to be clear that no matter what rules you and/or others may rely upon the
election results were obtained by fraud, as I view it theft of monies from Consolidated
Revenue Funds.
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 Fraus est celare fraudem. It is a fraud to conceal a fraud. 1 Vern. 270.
o Fraus et jus numquam cohabitant. Fraud and justice never agree together. Wing. 680.
o Qui inique non erit aequi - He who has committed iniquity, shall not have equity. Francis' Max., Max. 2.

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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
Taylor v. Taylor (1979) Fam LR 5, 289289 at 290 298 and 300 HIGH COURT OF AUSTRALIA
QUOTE
In my opinion, the words 'false evidence' in s79A(1) do not mean evidence which is wilfully false. The subsection should be read according to its terms. To say that 'false evidence should be read as 'wilful false
evidence' is to introduce a provision not expressed by the provision; cf s6H of the Royal Commission Act
1902 which speaks of a witness 'who knowingly gives false testimony'. This interpretation is reinforced by
reference elsewhere in s79A(1) to the separate grounds of fraud and suppression of evidence which
p3
3-9-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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would comprehend cases of wilful false evidence. At common law, a judgment will be set aside if it
has been obtained by fraud. In the exercise of this jurisdiction, it has been held that an applicant must
show something more than perjury, ie. new facts (Baker v. Wadsworth [1898] 67 LJQB 301; Everett V.
Ribbands [1946] 175 LT 143). This tends to suggest that the words 'false evidence' should be given their
literal meaning
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

It appears to me that where staff of the offices of parliamentarians were engaged in elections in
whatever capacity then each and every election result must be declared in valid, both that of the
office of which the staff member was and also any election for the seat in which this staff
member may have been used.
In my view the Victorian Electoral Commission should act immediately as clearly it ongoing
failed to conduct and supervise the proper conduct of State elections, as I so often complained
about in the past.
.

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QUOTE Sorell v Smith (1925) Lord Dunedin in the House of Lords

In an action against a set person in combination, a conspiracy to injure, followed by actual injury, will give
good cause for action, and motive or instant where the act itself is not illegal is of the essence of the
conspiracy.
END QUOTE

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What a gall to pursue Geoff Shaw and seek to have him expelled from the Parliament, etc, and
now themselves acting in violation of what is public funding.
As I made clear on 19 July 2006 I comprehensively defeated the Commonwealth and state
Attorney-Generals that compulsory voting is unconstitutional. And you fancy to charge anyone
for FAILING TO VOTE in a fraudulent election? In my view there was no valid election as you
were driving around in a bus to vote for Daniel Andres for Premier, this even so state electors
cannot vote who shall be Premier, only for local candidates. In fact upon my complaint to the
AEC (Australian Electoral Commission) against Clive Palmer radio advertising to vote for him
to be Prime Minister as I understand it the advertisement was immediately withdrawn, as it was
false and misleading as one cannot vote for as Prime Minister. In my view the VEC has to
declare part or whole of the 2014 State election invalid, being the product of fraud, by using
public monies and if the VEC fails to do so I view it is complicit to the criminal conduct of
the fraud. Always be careful what you ask for because so to say it might bite your bum. I for one
never had any doubt that it would be a mere matter of time this fraud would be exposed, as I
understand it has been going on, and a lot more, time and time again! Well we seem to have a
system of Infringement Court that even can automatically cause people to be imprisoned
regardless how innocent they might be (such as about 2,000 NSW drivers) well lets finally apply
this to the parliamentarians and confiscate their earthly belongings as proceeds of crime.
Those who thumbed their noses on my past correspondences may just now discover they
had better done not to do so. Dont lecture others not to commit crimes if you do it
yourself! This is undermining democratic elections and so democracy itself, which I view
cannot be allowed to be left unpunished, and appropriate charges should follow.

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This document is not intended and neither must be perceived to refer to all details/issues.

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MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!)

(
Awaiting your response,

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

p4
3-9-2015
Mr G. H. Schorel-Hlavka O.W.B.
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 E-mail admin@inspectorrikati.com See also blog Http://www.scribd.com/InspectorRikati