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Country fire Authority (CFA Customer Support Team)

cfa-customer-support@cfa.vic.gov.au
Cc:

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27-10-2015

Mr Wayne Wall, Municipal Fire Prevention Officer buloke@buloke.vic.gov.au

Buloke Shire Council buloke@buloke.vic.gov.au
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
Elliott Stafford and Associated lawyers@elliottstafford.com.au
Ref; 20151027-Schorel-Hlavka O.W.B. to Country Fire authority -COMPLAINT

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Sir/Madam,
I request the Country Fire Authority as to have a full investigation into the conduct of the
Municipal Fire Prevention Officer of Buloke Shire Council where on an about yearly basis he issues FIRE
PREVENTION NOTICES which are identically worded. (Schorel-Hlavka O.W.B. to ES&a Your ref LA05-06-Re Buloke Shire Council cc LSC-COM-2015-0873-MCV-F12748095-APPEAL-15-2502-etc)

It appears to me that the signatures are overlapping if one lay them over each other, and no one
can sign a signature twice in precisely the same manner. This means that the signatures are likely
of a signature stamp and that may mean that Mr Wayne Wall may even so to say have croaked it
and long be dead and buried, but Buloke Shire Council continues using his signature stamp or
electronic signature as to pretend he is still there. Because one signature appears to show being
worn (19/11/2013) it more than likely are signature stamps.
Country Fire Authority Act 1958
QUOTE
41Fire 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.
(3) A fire prevention notice
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Mr G. H. Schorel-Hlavka O.W.B.
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(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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Country Fire Authority Act 1958 41 Fire prevention notices

QUOTE
(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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END QUOTE

Because the legislation states A fire prevention notice may be served only if the fire prevention officer
forms the opinion then it requires the fire prevention officer to do something that shows he
formed an opinion.
To form an opinion clearly requires the fire prevention Officer to consider all relevant details
regarding each property/land concerned. As no prunings are existing then clearly this already
underlines that the Fire prevention Officer couldnt have considered all relevant facts.

p2
27-10-2015
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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Moreover, despite the FIRE PREVENTION NOTICE refers to the remove all combustible
material from the land whereas the Country fire Authority Act1958 also states (a)
on that
land, other than a building or in a building; As such the numerous FIRE PREVENTION NOTICES
are in violation to the legislative provisions, and as a law a notice is invalid.
.

Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28 (28 April 1998)
Dawson J pointed out in Hunter Resources Ltd v Melville when discussing the statutory provision in
that case: "substantial compliance with the relevant statutory requirement was not possible.
Either there was compliance or there was not."
The reasoning of Fullagar J in Clayton v. Heffron (supra) in relation to the provisions of s 5B of the Constitution
Act 1902 (NSW) is material in this context:
"A manner and form are prescribed by section 5B, and that manner and form must be observed if a valid law
is to be produced. Any prescription of manner and form may be repealed or amended, but, while it stands, the
process prescribed by it must be followed. That was decided Trethowan's case and I think that the whole
of what is prescribed by section 5B relates to manner and form. It does not seem to me to be possible to say
that some of the requirements of the section are matters of manner and form while others are not. The section
describes one entire process - a series of steps, one following on another - and only the completion of the
entire process can produce a valid law." (Supra at 262)

As the Fire Prevention Notice is in various ways in violation with the Country Fire Authority
Act 1958 then clearly the Court has no jurisdiction to enforce or otherwise deal with this Fire
Prevention Notice and cannot invoke jurisdiction for this also. The fact that Wayne Wall persist
in this kind of Fire Prevention Notice including to demand all combustible material to be
removed, which clearly is also in violation to the legislative provisions, then I view the Court
cannot for this also accept that Mr Wayne Wall is a competent person to be able to establish if
there is a fire danger. The credibility of the witness is as such of importance. After all the fact
that Buloke Shire Council has grass/weed in excess of one metre may also indicate he lacks the
competence of being an expert witness.
QUOTE Padfield v Minister of Agriculture & Fisheries and Food (1968) AC 997 (1968) 1 ALL ER 694 House
of Lords - Lord Upjohn and Lord Hodson Upjohn: - (Irrelevant consideration)
Here let it be said at once, he and his advisers have obviously given a bona fide and painstaking
consideration to the complaints addressed to him; the question is whether the consideration was
sufficient in law.
END QUOTE

Hence, even if Mr Wayne Wall relied upon others it would be insufficient in law if it proves to be in
violation of the legislative provisions.
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QUOTE Dowling v Dowling, Exchequer (Ireland) (1869) 10 ICLR 236

Facts showing the circumstances and position of the parties whose conduct is in question are generally
relevant to such conduct. So, evidence of opportunity is relevant to the question whether a certain act
was done. Circumstantial evidence is admissible not only in the absence of direct evidence, but also in aid
of direct evidence.
END QUOTE

Therefore, it is relevant that where Mr Wayne Wall issued FIRE PREVENTION NOTICES year
after year referring to items not at all on the property and to all combustible material not at
all in compliance with the Country Fire Authority Act 1958 then it obviously then poses the
question who, if anyone at all is checking if a Municipal fire prevention Officer is in fact
appropriately trained to perform the function of Municipal Fire Prevention Officer as to be able
to form an competent opinion as required by law?
And I view no penalty imposed should ever be paid to Buloke Shire council or for that to any
council in regard of the alleged offences against the Country Fire Authority Act 1958 as clearly it
would act as a conflict of interest for the council to exclude itself from paying any penalties no
matter how serious it may offend against the Country Fire Authority Act 1958 (and so place the
lives of CFA fire fighters and others at risk) where it pays the penalty to itself. In the past Buloke
Shire Council would charge $55 just to send out an account where obviously such cost was well
out of proportion of the real cost. Well, Buloke Shire Council and its legal representatives despite
p3
27-10-2015
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
PLEASE NOTE: E-mail admin@inspector-rikati.com See also blog Http://www.scribd.com/InspectorRikati

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pre-warned decide to take me on just that I am not some poor soul who is duped and has no
ability to speak for his/her rights. Buloke Shire Council has been using this kind of what I
consider scam/racketeering for year after year against land holders, just not against the real
offender Buloke Shire Council. They now may learn a lesson I as author of books in the
INSPECTOR-RIKATI series on certain constitutional and other legal issues will expose their
rot. Under the terms of the FIRE PREVENTION NOTICE all combustible material would if
applied to the Shire of Buloke and farmers (across the road) prevent farmers to grow wheat ,after
the 19 October 2015 declared fire period till 1-5-2016, and require the silo to be empty, as the
grain in the silo itself is a fire danger containing combustible material. It should be understood
that Buloke Shire Council used this to score EX PARTE court orders against me on 17
September 2015 (NOW SUBJECT TO AN APPEAL), and obviously this proves that this kind of
FIRE PREVENTION NOTICE was used to pervert the course of justice!
Because it is an appeal I filed (without having been provided with sealed orders nor knowing
then the precise terms of the orders) Buloke Shire Council (so its legal representatives) has no
ability to withdraw the case. Where the FIRE PREVENTION NOTICE(S) is/are invalid then as I
all along claimed no court has jurisdiction to enforce them.
However, long before Buloke Shire Council unscrupulously instituted the litigation against me, I
had written extensively about matters to Buloke Shire Council but while it lawyers charge for the
reading of the material it appears to me they did so fraudulently as if they had actually read the
written material then I view they would have advised against litigating. Lawyers seems to me to
be interested in causing litigation, no matter how uncalled for, then to seek to advise their client
appropriately. It is in my view a scandalous conduct by the lawyers concerned.
Still, the Country Fire Authority (while it may be provided with the details) has no position to
oppose my appeal. It can however make clear it will not and cannot tolerate this gross abuse of
power by a Municipal Fire Protection Officer who does seemingly no more but have perhaps
someone using his signature stamp and issuing FIRE PREVENTION NOTICE in identical or
nearly identical manner year after year, proving there was no consideration of particular
circumstances as they existing each year.
In my view the FIRE PREVENTION NOTICES are used for an elaborate financial scam, and I
view the lawyers likely are aware of this if they represent Buloke Shire Council also regarding
identical worded FIRE PREVENTION NOTICES and I view the LEGAL SERVICE
COMMISSIONER should investigate this matter also, albeit that is not an issue for the CFA.
However, if indeed the CFA does find that numerous FIRE PREVENTION NOTICES are all
about simular if not identical then clearly the FIRE PREVENTION NOTICES were issued in
clear of s41 of the Country Fire Authority Act 1958.
It is my view fire fighters lives may be unduly placed at risk where the Municipal Fire prevention
officer is totally disregarding the real fire dangers left to accumulate by Buloke Shire Council
along Calder Highway, a major transport route, and pester and harass housing block residential
properties. Indeed, Where I am to cut grass (despite already being cut) below 100mm, where
across the road the wheat is higher than 1 metre, then surely it is not only sheer and utter
nonsense to have such an FIRE PREVENTION NOTICE issued but blatantly in disregard to the
real fire dangers accumulating along the roads.
I look forwards to your conduct of a full scale investigation and 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)

p4
27-10-2015
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
PLEASE NOTE: E-mail admin@inspector-rikati.com See also blog Http://www.scribd.com/InspectorRikati