1

Mr Daniel Andrews Premier

5

10

19-4-2016

daniel.andrews@parliament.vic.gov.au
Cc; Mr Martin Pakula, martin.pakula@parliament.vic.gov.au, attorney-general@justice.vic.gov.au
Governor of prison Justicehealth@justice.vic.gov.au
Ian Thomas General Manager at G4S Custodial Services Justicehealth@justice.vic.gov.au
Trish Sellman Deputy GM (Deputy Governor), Port Phillip Prison, Laverton, Justicehealth@justice.vic.gov.au

15

Re: 20160419-G. H. Schorel-Hlavka O.W.B. to Mr Daniel Andrews Premier of VictoriaCOMPLAINT-Supplement-01

Sir,
I was forwarded by others that if I were to file a complaint against those dealing with prison
security they would (unlawfully) extend their powers to prevent any further communication with
my son Richard. People are afraid to speak out but I am not.
Since my complaint, of which a copy was forwarded to Richard (albeit I doubt he received it)
with a 14-4-2016 cover letter (quoted below) my 15-4-2015 correspondence to Richard was
subsequently returned unopened.

20

QUOTE

Mr Richard Schorel CRN 103731

St Pauls, P.O.Box 376, Laverton, Victoria 3028

14-4-2016

Re: 20160414-G. H. Schorel-Hlavka O.W.B. to Mr Richard Schorel CRN 103731

25

Richard,

30

mail has been returned to me and having checked relevant legislation it appears to me
that this was unlawful in the manner it eventuated and I have written to the Premier about this.
I have attached a copy of this 20160412-G. H. Schorel-Hlavka O.W.B. to Mr Daniel Andrews
Premier of Victoria-COMPLAINT correspondence. Within the legislation (Corrections Act
1986) it is a complaint you are entitled upon to make and I do so in a sense on both behalf. As
such if this correspondence is also interfered with I will pursue matters further.
.
Perhaps the (Prison) Governor may personally attend to the matter to ensure this kind of
unlawful interference/obstruction is stopped.

35

Awaiting your response,

G. H. Schorel-Hlavka O. W. B. (Dad)

MAY JUSTICE ALWAYS PREVAIL

(Our

name is our motto!)

END QUOTE

40

45

This means that within the provisions of the Victorian legislation the 15-4-2016 correspondence
never could have been assessed and so unlawfully returned to me.
Moreover, as Section 109 of the Commonwealth of Australia Constitution Act 1900 (UK) is
applicable then the State of Victoria is bound to abide by Commonwealth postal service
legislation.
It must be clear that this is an undue interference with articles posted through Australian Post.
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55

2
It is my view that if the Victorian legislation was to be constitutionally valid, as it cannot
undermine in any way Commonwealth legal provisions, then any mail that within the act were to
be deemed dangerous, etc, rightfully must be forwarded to Australia Post and any Victorian
legislation to have mail items destroyed would in my view be unlawful.
It is well known that when Australia customs suspect mail articles posted through Australia Post
then it must contact Australia Post to open the article. As such where even Commonwealth
Department of customs cannot open any mail article then I view Victorian prison authorities
neither can.
I will now quote my 15 April 2016 correspondence that was unopened returned to me.
QUOTE

Mr Richard Schorel CRN 103731

St Pauls, P.O.Box 376, Laverton, Victoria 3028

15-4-2016

Re: 20160415-G. H. Schorel-Hlavka O.W.B. to Mr Richard Schorel CRN 103731

60

Richard,
some mail I forwarded to you were returned to me and I am in the midst of sorting this
out. As such, also the photos I send back to you are back with me again.

65

70

75

Your paternal grandfather had a saying which in English is: Dont drink and drive because you
could harm innocent people. When Paul got married at Malvern Town Hall it was the only
(unintended) time I made an exception and then witnessing an accident I went into (the then)
Russel Street Police Station and reported it.
I was informed that a person (pensioner) had $20,000 plus infringement notices and so was
incarcerated only to be released within 8 days of the 81 days he was sentenced for.
You indicated that you couldnt afford to pay the fine of the drink driving, but surely that must
have been a considerable fine if the length of imprisonment is for so long?
You need to write to VicRoads that I can pay your renewal as so far they refuse to provide details
to make the payment.
Previously I asked you to put me on the visitors list but I had no details about this further. It
might have been in correspondence that was returned to me.
At the moment Olga is painting some fence beams as I am building a new fence from timber.
.
Awaiting your response, G. H. Schorel-Hlavka O. W. B. (Dad)

MAY JUSTICE ALWAYS PREVAIL

(Our

80

name is our motto!)

END QUOTE

85

Again I was pre-warned by others that the people interfering with prisoners correspondences will
flex their muscles to stop communication including visitation rights if you dare to file a
complaint against their wrongdoings.
Well, they this time picked on the wrong person!
As I stated in my 14-4-2016 correspondence:
QUOTE

90

Perhaps the (Prison) Governor may personally attend to the matter to ensure this
kind of unlawful interference/obstruction is stopped.
END QUOTE

95

It appears to me that the governor isnt in charge but purportedly is in charge while the private
corporation running the prisons do whatever they desire no matter how unlawful this is. Again, I
understand from others that husbands/wifes/partners were denied visiting rights because of
having made some complaint.
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100

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It should be understood that when a court sentence a person to prison for incarceration this is
based upon applicable legislation and not the terrorism that prison staff or their cohorts may
inflict in their own abuse of powers exercised.
I will quote below an article( albeit avoiding using it in relation to Victorian prisons albeit the
same I understand is eventuating in Victorian prisons) and it is clear that a person wrongly
convicted and subsequently may be released from prison having any conviction overturned on
appeal nevertheless in the meantime can suffer horrendous treatment of rapes, etc. It appears to
me that those employed to run the prisons are more interested to unlawfully interfere with
written communications then to actually ensure that every prison, regardless of their social
views, have proper protection.
Hansard 2-8-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention)
QUOTE
Clause 113.-Every state shall make provision for the detention and punishment in its prisons of persons
accused or convicted of offences against the laws of the Commonwealth and the Parliament of the
Commonwealth, may make laws to give effect to this provision.

115

Mr. GLYNN (South Australia).-I think the words "or detention" should be inserted after "the detention."
At present the clause reads-"The state shall make-provision for the detention and punishment in its prisons of
persons accused or convicted," &c. We do not want to punish "persons accused." I beg to moveThat the words "or detention" be inserted after "detention."
The clause will then read-"For the detention or detention and punishment," &c.

120

125

Mr. BARTON (New South Wales).-I do not think that amendment would quite do. I could understand the
clause being amended so as to make it read-"detention or punishment of persons accused or convicted." The
object of the clause, as it stands, is to keep together the terms "accused or convicted," so, that the relation,
both of accusation and conviction, to the laws of the Commonwealth may be made clear. The clause only
applies to accusations or convictions in respect of laws of the Commonwealth, and, therefore, these words
"accused or convicted" are kept together just before the words "offences against the laws of the
Commonwealth." I think that if my honorable [start page 693] friend (Mr. Glynn) would alter his amendment
so as to make it read "detention or punishment," there can be no misreading of the clause.
Sir JOHN DOWNER (South Australia).-I think the words should stand as they are. You have to make
provision for both things.
Mr. GLYNN.-Not for the punishment of accused persons.

130

135

140

145

Sir JOHN DOWNER.-Provision has to be made both for detention and punishment. I think the clause is
clear enough as it stands at present.
Mr. SYMON (South Australia).-I believe that my honorable friend's (Mr. Glynn's) feeling is that, by
leaving the words as they are, the clause might be interpreted to enable the federal authorities to demand from
the state the detention and punishment of persons who were not convicted, but I do not apprehend that
there is the slightest difficulty on that score. I do not think any court would interpret the words to mean
the punishment of a person accused and not convicted.
Mr. GLYNN (South Australia).-My contention is that, as the clause stands, the words are to be read
conjunctively in relation to the word "accused." The clause says that each state shall make provision for the
detention and punishment of persons accused or convicted. You must read the word "punishment" in relation
to "accused," as well as to "convicted." The clause should read-"For the detention, or detention and
punishment, as the case may be, of persons accused or convicted," &c.
Sir EDWARD BRADDON (Tasmania).-I think the clause might be amended to get out of the difficulty
which has been pointed out. As it stands at present, it provides that the state shall make provision for the
detention and punishment in its prisons of persons accused or convicted. Now, evidently, the detention is for
those who have not yet been convicted, and the punishment is for those who have been convicted, and I
think that those two classes ought to be separated.

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4
Mr. BARTON (New South Wales).-I have an amendment which I think will meet the case, and enable us
to get on. I beg to moveThat the clause be amended by striking out the words after "detention" down to "Commonwealth," and
substituting in lieu thereof the words "in its prisons of persons accused of offences against the laws of the
Commonwealth, and the punishment of persons convicted of such offences."

150

Mr. GLYNN (South Australia).-I would point out that, under the clause as now proposed to be
amended, a state might make provision for whipping persons convicted, but not for detaining them in
prison.

155

Mr. ISAACS.-Detention may be part of the punishment.

Mr. GLYNN.-But the punishment may not be detention, it may be flagellation. Are you going to allow a
state to make provision for the character of the punishment for an offence against the Commonwealth?
Mr. Barton's amendment was agreed to.

160

END QUOTE

Hence, the onus is upon the state and so its contractors to ensure that any person held in
detention, being it merely for security or otherwise is not having his civil and other rights
violated.
.

165

170

175

180

185

190

195

The following will also make clear that the Framers of the Constitution intended to have CIVIL
RIGHTS and LIBERTIES principles embedded in the Constitution;
HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Mr. CLARK.the protection of certain fundamental rights and liberties which every individual citizen is entitled to
claim that the federal government shall take under its protection and secure to him.
END QUOTE

We may or may not approve of homosexuality but when it comes to a person entering the prison
system than each person has a right to be protected by the contractors who run the prisons.
If one person can be intimidated or otherwise resulting with over 2,000 rapes then surely
something is drastically wrong with how private corporations are running the prison systems.
Again the story below is not that of Victoria albeit I understand from former prisoners they
suffered likewise.
What appears to me eventuating is that even innocent people (after all if they were cleared on
appeal then that is what they are) are already subjected to rapes, etc.
To me there is absolutely no difference between a person being raped in a prison or outside. In
fact to condone/allow the flourishing of rapes in prison is in my view precise cultivating the
conduct that when prisoners are released they do the same likely outside the prison system.
I know of no judge ever having sentenced a person to imprisonment making known that rape is
part of acceptable culture in a prison system as a form of punishment permitted by legislation.
While there has been this Royal Commission as to sexual abuse the question is what part, if any,
was decided to the rape that is rife in the prison system?
Again, if you tolerate/condone rape in the prison system than those leaving the prison system will
likely have a moral that rape is acceptable in todays society, in particular if they themselves
were subjected to rapes in the prison systems.
http://www.news.com.au/lifestyle/real-life/news-life/a-transgender-woman-talks-about-life-in-a-male-prison/newsstory/a6da09f95a36857eeee95f16028b06eb
QUOTE -A transgender woman talks about life in a male prison

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A transgender woman talks about life in a male prison

200

APRIL 18, 201610:34AM

(IMAGE NOT INCLUDED)

A transgender woman tells her story of hell behind bars.
Olivia Lambertnews.com.au@LivLambert
MARY was still as the car pulled closer towards the threatening prison gates and a place that was soon to

205

become her hell on earth.

As she stepped into the reception area of the jail, she felt all eyes fall upon her as she continued to walk closer
to her cell.
See Mary, not her real name, wasnt just any normal prisoner she was a transgender woman who was
about to be locked behind bars with men.

210

Mary was sickened by what happened to her in that Queensland prison, Boggo Road, as it was known in the
90s.
She has lived in fear for decades, with regular flashbacks to the disturbing things she lived through while in
jail.
Mary admits she was wrong, she shouldnt have stolen the car that put her in jail in the first place, but in her

215

mind, she was a female and yearned to be treated as such.

She couldnt understand why she was thrown among a pack of men.
According to Mary, she was preyed on and raped once a day, sometimes even more.
(IMAGE NOT INCLUDED)
Laverne Cox plays the part of a transgender prisoner in Orange is the New Black. Source:

220

SuppliedSource:Supplied
When Mary made it through the jails reception she was ordered to strip.
The stares were menacing her as she turned around for a routine bodycheck.
By time Mary had made it to her holding cell, news had travelled through the prison that she was transgender.
She sat in the jail cell, surrounded by some male prisoners who were awaiting court, or who had just returned.

225

You are basically set upon with conversations about being protected in return for sex, Mary told
news.com.au.
She was finally taken to the cell where she would stay and within minutes of arriving, she was approached by
many men.

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They are either trying to manipulate you or threaten you into some sort of sexual contact and then, once you

230

perform the requested threat of sex, you are then an easy target as others want their share of sex with you,
which is more like rape than consensual sex, she said.
(IMAGE NOT INCLUDED)
Mary was raped more than 2000 times. Source: iStock/Getty ImagesSource:Getty Images
Mary not once wanted to have sex with prisoners, she said she only did it because she was so scared of being

235

bashed.
At times, Mary was put into a cell for prisoners who needed protection, but even then she said she was
assaulted by sex offenders.
It makes you feel sick but you have no way of defending yourself, she said.
She transferred to other prisons across the state and while she was assaulted at all of them, she said Boggo

240

Road was the worst and most violent.

Mary said she was forced into performing sexual acts more than 2000 times when she was serving her
sentence, which was about four years long.
It was rape and yes I was flogged and bashed to the point where I knew I had to do it in order to survive, but
survival was basically for other prisoners pleasure, she said.

245

It was hell on earth, it was as if I died and this was my punishment.

During her sentence, Mary was labelled a high-risk prisoner because she tried to escape three times.
This meant I would serve all my time in maximum security with the most violent prisoners, she said.
I wasnt escaping for anything else, I just had to get away from the sexual assault.
In her first couple of nights in jail, Mary tried to defend herself and pushed prisoners off her, but she was

250

flogged.
Each time I said no and tried to push them away, they just force you and its not just one or two people,
theres a bunch of them, she said.
But it wasnt just the rape that has caused Marys distress.
When she arrived in jail, a prisoner cut her long locks into a crew cut.

255

It was halfway down my back, it was horrific, Mary said.

It was like my identity was taken away from me.
She was also denied her hormones, and began to grow facial hair again.
Your hormonal levels drop so fast, you just start going haywire within a week.
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Mary tried to fight for her hormones but said it was a strict no.

260

There was one other person in the prison however, who did understand Mary.
She was also a transgender woman and too was targeted for sex.
Unlike Mary, this transgender woman was not able to live with what happened to her.
She was eventually released but was arrested for breaching parole and she hung herself so she didnt have to
go back to prison, Mary said.

265

(IMAGE NOT INCLUDED)

Vicky Thompson was found dead in her cell at an all-male prison.Source:Supplied
She believes transgender women are raped because they look like females.
Mary had breasts, but not gender reassignment surgery, and said men just wanted sex.
She tells her story after a transgender woman in WA was put into a male prison in Perth earlier this year.

270

But this is something that happens all over the world.

Just last year, transgender woman Tara Hudson spent a week in an all-male prison in Gloucestershire where she
was tormented.
She was moved to a female prison after people signed a petition.
Also last year, transgender woman Vicky Thompson was found dead in an all-male jail in Armley.

275

Her lawyer was pushing to get her into a female prison as Thompson told friends she would kill herself if she
had to serve her sentence in a male prison.
(IMAGE NOT INCLUDED)
Tara Hudson was sent to a female prison after a petition was circulated.Source:Snapper Media
Transgender advocate CeCe McDonald, who was jailed for defending herself against a group that hurled

280

transphobic and racial slurs at her in 2011, also served her sentence in a male prison.
Mary says she just cant understand why it happens.
People must think if you go to a female prison, youre going to rape women and youre not it doesnt make
any sense, Mary said.
Id rather die than go to prison ever again in my whole life.

285

Mary said transgender women who had reassignment surgery would be put in a female prison, but believed
those who identified as female should have the same rights.
Youve seen a psychiatrist, been approved to be on hormones and that takes two years, she said.

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8
I look like a woman and I think if a transgender person is genuine and they are living as the opposite sex, then
they should be housed in a female prison, even if youre in a wing on your own.

290

You shouldnt be subjected to sexual assault. You are serving a punishment for an error you made in your
life.
Mary has found it hard to move on since her life in prison.
I dont have a relationship and I dont trust men and never will ever again in my life Ive not had a
relationship since prison, she said.

295

We are human beings and most of us were born this way and we want to just live our lives but are ridiculed by
society because we have the guts to be who we are.
END QUOTE -A

300

305

310

315

320

325

transgender woman talks about life in a male prison

When a Government (Federal and/or State) through the courts cayuse the incarceration of a
person, then regardless of their innocence or guilt of any alleged unlawful conduct, they remain
to have certain human and other legal/civil rights, only restricted by what is permitted by valid
legislation. Prison should be a deterrent for those having been found guilty of having committed
one or more crimes but should never be used for ulterior purposes.
It may very well be that every prisoner may need to be fitted with a GPS band so that in event of
any complaint/disturbance each prisoners whereabouts can be established during a riot, etc.
It also would mean that any prisoner who enters a cell for purpose to commit rape then can be
found to have entered that cell, irrespective if the rape allegation is upheld or not.
What seems to be clear to me is that currently the prison authorities are a law onto themselves
and in violation of the Victorias Corrections Act 1986 are unlawfully interfering with my
correspondences to my son Richard.
Why is the Governor of a prison on the public payroll if in the end he cannot manage proper
management of a prison system, I wonder?
The mere fact that in violation of the Corrections Act 1986 my mail is unopened returned may
underline it has got nothing to do with enforcing rules and regulation of the state but an abuse of
powers by the prison authorities managing the prison system.
And you wonder why former prisoners may have a disregard for the rule of law when they prison
authority instils this in them, by their own law breaking conduct?
In my view returning unopened correspondence addressed to my son is unlawful both within
State as well as Commonwealth law as the address to my son is a correct address and hence
cannot fall within being returned for not being a correct address nor can be returned regarding its
UNKNOWN content. In this scare a swirling line was put through my sons address.
The envelope below was received back on 16 February 2016.
It may be noticed that the top was opened and subsequently sealed with sticky tape on 2 places.

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330

The hand written address (above) is that of the person sending it back as it is not the address
label that was then on the envelope originally. As such the person who violated Australian postal
laws could be found by comparing the handwriting to other records.

335

340

345

350

355

360

In my view if my writings were a danger to authorities then appropriate charges could have been
pursued through Commonwealth postal legislation, however, the destruction and/or the refusal
of Australian mail articles in violation to either or both State and Federal legislation I view is a
very serious matter.While staff now tried to avoid returning opened mail as they did, they now in
violation of Victorias Corrections Act 1986 are unlawfully returning mail without being able to
assess if the content is in fact in violation of the Victorias Corrections Act 1986 legal provisions
or not, and if what are the appropriate remedies within Commonwealth legislative provisions
regarding Australian postal services.
Apart of the constitutional validity of the Corrections Act 1986 if in fact Australian Postal
articles can be interfered with by some private company operating the prison system there
appears to me no blanket provision to deny a parent correspondence to a prisoner merely because
some, if any, content at times may not be appreciated by them. It also questions if staff
unauthorised may defraud postal articles content in part or whole for their own for ulterior
private purposes.
No doubt there is likely a lot more to it all, but for the moment I view the Government and
the Governor should be on the ball and address these issues because I can assure you I am
not a person to accept unconstitutional/unlawful conduct.
The general public is entitled to expect that a government and so its contractors act like
model citizens and are held legally accountable the same as any ordinary citizen is. Why
indeed imprison law breakers if the prison is run by law breakers inflicting more harm
than legally permissible by their various conduct?
I look forwards to the Government/Governor to respond appropriately to my writings to underpin
they are concerned and do desire to address matters appropriately!
G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)

Awaiting your response,

MAY JUSTICE ALWAYS PREVAIL

(Our

name is our motto!)

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