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Peter Cox (Mayor)

p.cox@bendigocouncillors.org.au

11-10-2015

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Cc:

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Lisa Ruffell l.ruffell@bendigocouncillors.org.au

Rod Campbell r.campbell@bendigocouncillors.org.au
Mark Weragoda m.weragoda@bendigocouncillors.org.au
Helen Leach h.leach@bendigocouncillors.org.au
Rod Fyffe r.fyffe@bendigocouncillors.org.au
James Williams j.williams@bendigocouncillors.org.au
Elise Chapman e.chapman@bendigocouncillors.org.au
Barry Lyons b.lyons@bendigocouncillors.org.au

Re: 20151011-G. H. Schorel-Hlavka O.W.B. to Peter Cox Mayor & other councilors - Bendigo

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Peter,
I noticed from the media report (Channel 9 on 10-10-2015) that you had expressed yourself
regarding protest against a Mosque being built in Bendigo.
https://www.bendigo.vic.gov.au/About_the_City/The_Council/Councillors/Cr_Peter_Cox_Mayo
r_Whipstick_Ward#.VhjCQdgcSP8
QUOTE

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He has a tertiary qualification in Community Development and is a trained mediator and facilitator.

END QUOTE

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Is this correct that you are a mediator, as it seems to me your comments may have been
perceived anything but from a mediator? Would a mediator not first concern himself with to
understand what the real issue is about rather than to assume something?
I have attached my 20151011-PRESS RELEASE Mr G. H. Schorel-Hlavka ISSUE - Is a
Mosque constitutionally permissible to exist within Australia and perhaps you may even get
to understand that the protesters have their constitutional rights to oppose any building that may
be used for ulterior purposes besides just a place of worship.
Why not go down to any Mosque and well stand there and count how many females are entering
for worshipping! After all in todays society of equality you surely wouldnt want to be
perceived to support discrimination on basis of gender?
I understand that at Austin Hospital (Heidelberg) there is what is called a (Muslim) prayer room,
and well both males and females are entering. Perhaps that is the solution to have prayer rooms
instead of Mosque being built.
Muslims have been part of so to say Australian fabric well before federation and really were of
little if any concerns to others. As such let us not falsely claim that Australians who oppose a
military compounds/governance/court to be build are anti Muslim. They in my view are
exercising their rights to oppose a military compounds/governance/court to be built in their
area. And I view councilors must serve the interest of the local people and not defy the embedded
legal principles of the constitution to allow some military garrison to be build where it may also
serve as a weapons depot, etc.
Do you really think that you can control somehow what goes on in a Mosque?
Curtis Chang the accountant cold bloodedly murdered is a clear example how important it is
to curtail the spread of terrorism. We have ordinary people lambasted with all kinds of laws that
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in real terms are meaningless because I view people like you are blatantly ignorant to ensure that
the safety of ordinary people comes first.
If you were to call it not a Mosque but a weapons depot would that perhaps somehow trigger
your mind that this is unacceptable?
If not called a Mosque but a (religious) court, would that trigger your mind that you cannot have
a different court system that is not one by statute law?
Would it trigger your mind if instead of calling it a Mosque it was called a place of (religious)
governance for an alternative governance then that provided for by our constitution?
I have come across many people who presented themselves to be experts in numerous fields and
well have pages of CV to show how comprehensive they are skilled but when it comes to real life
issues they are dumber than a child attending play group.
How can you support gender discrimination into the Bendigo community by supporting the
building of a Mosque, as if women are not equal to men?
Our constitution of the federation made clear that men and women were equal and indeed to
avoid any difference the Framers of the Constitution in s41 referred to adult, so that no matter
the gender the person would be entitled to vote.
As a moderator did you discuss with those desiring to build the Mosque that they should allow
women to enter the building? Or is it that you are not that kind of moderator to pursue equality
for women? As such are you and fellow councilors champions to the culture of gender
discrimination opposing gender equality?
Do you view that sexual (gender) discrimination should be applied to councilors Helen, Elise and
Lisa that they as councilors are denied to enter certain places because they are FEMALE and as
such their councilors function is limited being a female? ?
As I understand it female Muslims view the Mosque to be a place where men conduct their
business of any kind, to which women have no right to be part of.
Excuse me, are you aware that the Commonwealth of Australia is a western kind of culture
where we apply that men and women are equal?
Did you debate in council the gender discrimination of Mosque?
For example, if the mayor of Bendigo was a female then she could not say open the Mosque but
would instead have a male councilor perform her duties as mayor, if the deputy mayor also was a
female? So now you are in effect promoting gender discrimination against female councilors, is
that it?
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Whatever kind of moderator you may perceive to be it certainly to me is not one that strikes
me one of the 21 St Century of equality between genders.
COUNCILLORS SUPPORT AND REIMBURSEMENT OF EXPENSES POLICY Approval Date:
05/12/2012
QUOTE

1.1 Council elections are held every four years. Significant demands and expectations are
placed on Councillors in fulfilling their civic and statutory duties. These demands
include attendance at numerous Council and Committee meetings, representing the
Council on many other organisations and communicating with residents, business,
community groups and others on a whole range of issues.

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END QUOTE
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Female councilors clearly are preventing to exercise their roles if there is a gender bias system in
place that prevents them for being female to carry out their role as councilor/mayor.
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QUOTE

9.2 Councillors encountering difficulties with the role or personal difficulties that may
impact on their role as a Councillor, are able to seek counselling on a confidential basis
through Access (Centacare) Counselling Services. The service can be contacted on a
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Mr G. H. Schorel-Hlavka O.W.B.
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24-hour, 7-day per week basis on 1300 66 77 00. Normally, up to three sessions are
provided, however, further sessions can be arranged on a 'needs' basis.
END QUOTE
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The last thing a female councilor needs is a mayor to add to any problems because of gender
bias!
And well the Code of Conduct (Bendigo) to be seen to be respectful of each other obviously
is something you seems to be ignorant about, as after all how can you support a gender bias
Mosque where fellow (female) councilors are barred from, even if performing councilors duties.
And likewise so Governor Dessau, as after all she too is a female.
Here we have the drive to open up all male venues like the Melbourne Club that females should
also be allowed to enter and yet as a reportedly moderator and mayor, you seem to support this
gender discrimination?
Perhaps none of the councilors realized the gender discrimination that goes on in relation to
Mosque, and well better late than never, it is better if councilors now debate this issue and seek
to amend their views and see what can be done about it.
There are those who claim that once a council has made a decision then it cannot reverse it.
Regardless if this is or isnt accepted as such it really is in my view irrelevant, this as if council
made a decision in violation of the embedded legal principles in the constitution then the
decision is without legal force. And it makes not one of iota differenced if the supreme Court of
Victoria purportedly did uphold council decision because its order cannot be legally justified
either.
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The federation came about recognizing that there is no gender bias (see also s41) and the states
were created in s106 subject to this constitution and as such are bound by the legal principles
embedded in this constitution.
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Uniform Tax \case, 1942 (65CLR 373 at 408) 23-7-1942

QUOTE
Common expressions such as: 'The Courts have declared a statute invalid'," says Chief Justice Latham,
"sometimes lead to misunderstanding. A pretended law made in excess of power is not and never has been a
law at all. Anybody in the country is entitled to disregard it. Naturally, he will feel safer if he has a
decision of a court in his favor, but such a decision is not an element, which produces invalidity in any law.
The law is not valid until a court pronounces against it - and thereafter invalid. If it is beyond power it is
invalid ab initio.
END QUOTE
Re Wakim; Ex parte McNally; Re Wakim; Ex parte Darvall; Re Brown; Ex parte Amann; Spi [1999] HCA 27
(17 June 1999)
QUOTE
For constitutional purposes, they are a nullity. No doctrine of res judicata or issue estoppel can prevail
against the Constitution. Mr Gould is entitled to disregard the orders made in Gould v Brown. No doubt, as
Latham CJ said of invalid legislation, "he will feel safer if he has a decision of a court in his favour".
That is because those relying on the earlier decision may seek to enforce it against Mr Gould.
END QUOTE
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Where rights secured by the Constitution are involved, there can be no rule-making or
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legislation, which would abrogate them. Miranda v. Arizona 384 US 436, 125:
The claim and exercise of Constitutional Rights cannot be converted into a crime. Miller v.
Kansas 230 F 2nd 486, 489:

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There can be no sanction or penalty imposed on one because of this Constitutional right.
Sherer v. Cullen 481 F. 945:
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It is my view that were it to eventuate that someone were to use this Mosque (proposed to be
build) and subsequently causes harm to a citizen then you and so your council may be held
personally liable.
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Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention)
QUOTE Sir JOHN DOWNER.I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond
the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say
that there shall be embedded in the Constitution the righteous principle that the Ministers of the
Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as
any private person would be.
END QUOTE

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I understand that issues relating to this Mosque also has somehow a reference to the Bendigo
Bank. Do keep in mind however that more than likely you be on your own if someone were to
sue you for harm resulting as result of the Mosque and that could be years after you long you left
being a councilor! Likewise so for other councilors.

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I would recommend to all councilors check out what a Mosque really is for!

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You may just discover that ample of persons having the Islamic faith, but living for generations
already in the Commonwealth of Australia, may neither like the peace in their neighbourhood
being disturbed by some Mosque, that likely may attract fanatics and other undesired elements,
It is like for example Christians which some like attending to some church building whereas
others dont like doing so. As such never assume that all Muslims like to have a Mosque so to
say in their backyard, in particular not one which may attract undesirable elements which may
then interfere with their chosen life style to be like other Australians desiring a peaceful
environment.
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)

p4
11-10-2015
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
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