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Local Government Rates Capping and Variation Framework Review

Essential Service Commission
Commissions Chairperson, Dr Ron Ben-David

4-4-2016

Level 37, 2 Lonsdale Street

Melbourne Victoria 3000
localgovernment@esc.vic.gov.au
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Cc: The Secretary Environment and Planning Committee

Parliament House, Spring Street
EAST MELBOURNE VIC 3002
epc@parliament.vic.gov.au

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Buloke Shire Council buloke@buloke.vic.gov.au

Sir/Madam,

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In addition to my submission of 20151002-G. H. Schorel-Hlavka O.W.B. to Local

Government Rates Capping and Variation Framework Review-SUBMISSION-etc,
20151007-G. H. Schorel-Hlavka O.W.B. to Local Government Rates Capping and
Variation Framework Review-SUBMISSION-etc-Supplement 1 and 20160307-G. H.
Schorel-Hlavka O.W.B. to The secretary Environment and Planning CommitteeSUBMISSION-etc I provide the following comments.
Buloke Shire Council provided the following statement:
4-4-2016

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http://www.esc.vic.gov.au/getattachment/204d7b60-9916-477c-a4c0-80b5c8031f56/Buloke-Shire-CouncilApplication-for-higher-rate-c.pdf
QUOTE

Buloke Shire Council wishes to apply for a variation to the declared rate cap of 2.5%. The variation
sought is for an additional 0.55% resulting in a total rate increase of 3.05%. The reasons for this
variation are outlined below.

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END QUOTE

With my self-professed crummy English I understand that the term Buloke Shire Council
wishes to apply in fact is not applying but merely indicating that it wishes to apply. There is in
my view a considerable difference to the meanings.
For example in legal proceedings one can apply or leave to apply where the latter one is
subject to such leave being granted. As such, I view Buloke Shire council didnt actual applied.
The question then is what, if any process is applicable to grand the wishes to apply, if any?
In legal proceedings where a person applies without any required leave to apply that may be
needed having been applied for then the court can dismiss the application. Where a party seeks
leave to apply but was not required to do so, then this also can result in the application for
leave to be dismissed, being the incorrect format.
Hence, I view it should be made clear if the indication wishing to apply can be deemed to be
an application at all as it appears to be no more than a desire to apply but not an actual
application, regardless of what Buloke Shire Council may otherwise seek to support.
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http://www.esc.vic.gov.au/getattachment/204d7b60-9916-477c-a4c0-80b5c8031f56/Buloke-Shire-CouncilApplication-for-higher-rate-c.pdf
QUOTE

By the end of 2013/14, Buloke was in an unsustainable financial position. This had been identified
through several audits and the government of the day appointed a financial monitor (Stephen
Roche) to overview Councils finances. At the same time there was a changeover of Executive Staff
including the Chief Executive Officer and Finance Manager.

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END QUOTE

What is clear is that Buloke Shire Council lacked proper financial management and why should
property holders have to financial suffer for the incompetence of councilors?
Indeed, as I made clear in my writings, Buloke Shire Council is persisting in litigation against me
now before the County Court of Victoria now as APPEAL-15-2502 where I view any common
sense lawyer would be well aware that Buloke Shire Council was from onset without any legal
justification.
As such its financial mismanagement appears to me to continue unabated and being reckless
litigation far too easily entered into as they are wasting other peoples monies and not held
properly accountable for doing so.
.

We have property holders struggling to meet their financial obligations and Buloke Shire Council
is wasting it big time with a disregard to responsible financial governing.
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As I indicated in my past writings (Re The Waste and Recycling fee is based on a full cost
recovery. ), I noticed that recycled cartons were separately stored at Sea Lake tip only then later
being pushed by a bulldozer onto the general tip and all being put on fire. As such I view no
proper financial management, to cause property owners to pay for this kind of economical
vandalism. Why indeed have separate collection if in the end it all gets burned together? Council
never bothered even to respond to my past complaints about this and other matters and as such I
view it cannot claim to act more responsible, and indeed the fact that their financial management
proved to be inappropriate may underline this.
.

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http://www.esc.vic.gov.au/getattachment/204d7b60-9916-477c-a4c0-80b5c8031f56/Buloke-Shire-CouncilApplication-for-higher-rate-c.pdf
QUOTE

Council is very limited in its ability to raise income. Councils main two sources of income are rates
and grants. As a rural Council, Buloke offers limited services and user fees and charges are
benchmarked with other Councils to ensure relevance. The Waste and Recycling fee is based on a
full cost recovery. Whilst income is limited, the cost of providing services grows exponentially. A
current example of this is the cost for the next Council elections. The state average cost per voter
is $5.40 while for Buloke it will cost $16.00 per voter. The cost to Buloke for the elections requires
a 0.88% rate increase on its own.

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END QUOTE

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It appears to me that Buloke Shire Council has in the past failed proper financial administration
that by its own admission
It should be understood that purported local government being municipal/shire council was
specifically withheld from municipal/shire councils as such.
.

Hansard 8-2-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
Mr. BARTON.-Yes, since then, as is pointed out in a little handbook which my honorable friend lent me.
But the question for us to consider is whether a court like the Federal High Court or the Privy Council would
ever come to such a conclusion. One would think it highly improbable. The real question that may arise under
this Constitution is whether the Commonwealth can make a law establishing or prohibiting the free exercise
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of any religion. I take it that in the absence of a provision in the Constitution conferring that power
upon the Commonwealth it will be impossible for the Commonwealth to do so. For this reason I think
we need scarcely trouble ourselves to impose any restrictions. Under a Constitution like this, the
withholding of a power from the Commonwealth is a prohibition against the exercise of such a power.
END QUOTE

1988 referendum
Question 3

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A Proposed Law: To alter the Constitution to recognise local government.

Do you approve of this proposed alteration?
Issues

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The 'Yes' Case

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Only recognition in the Constitution will guarantee local governments role.

The proposal will recognise the important role that local government plays in
the public sector.
The proposal will strengthen the system of decentralised based government.
The 'No' Case
The proposal could result in local government being replaced by large impersonal regional government
ultimately controlled from Canberra.
The proposal is uncertain and vague.
The proposal will not stop either arbitrary dismissals or amalgamations of
local government bodies.
The amendment would allow the federal government to use its external affairs power to intrude into local
government by entering into international treaties

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Result
This referendum was not carried. It obtained a majority in no state and an
overall minority of 3 084 678 votes.

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It must be clear that where this referendum withheld what was sought then it is a prohibition to
use municipal/shire councils as a level of government.
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As a CONSTITUTIONALIST I hold the following The amendment would allow the federal
government to use its external affairs power to intrude into local government by entering into
international treaties to be utter and sheer nonsense but will not now go into that.
Municipal/shire councils were recognized by the Framers of the Constitution to be incorporated
entities representing their respective communicates, but what we have seen is that the State
Government have basically hijacked this for its own purposes and councilors have burdened
local property owners with more and more charges where they should have been paid from State
taxes.
Hence, I see absolutely no justification for any council and so neither Buloke Shire Council to be
permitted to charge property owners for services that are rendered for and on behalf of the State
Government. Municipal/shire councils should make clear to the State government that unless it
pays for the services it seeks municipal/shire councils to provide it must otherwise do so itself.
One also has to question what, if any amount of moneys Buloke Shire Council provided for the
yes campaign in 2013 for another (ill-fated) referendum to be recognized as a level of
government, when never then was proceeded with! Why on earth should property owners have to
feed the frenzy of councilors to waste hard earned monies on all kinds of gimmicks?
.

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As for The state average cost per voter is $5.40 while for Buloke it will cost $16.00 per voter.
The cost to Buloke for the elections requires a 0.88% rate increase on its own. I hold that as a
CONSTITUTIONALIST I have maintained that compulsory voting is unconstitutional and in
fact on 19 July 2006 succeeded in both appeals in the County Court of Victoria on this
constitutional issue, and as such if Buloke shire Council seeks to enforce compulsory voting then
the cost of it should be levied against councillors personally. Also, I hold that the payment per
vote for any candidate is undermining free and proper elections. It gives those associated with a
political party a better financial position to campaign, as they can beforehand spend monies they
expect to collect after the election where most INDEPENDENT candidates do not have this
luxury. As such, Buloke Shire Council merely has to follow the rule of law, that is the
constitution, and it can safe itself a huge amount of monies.
Hansard 24-3-1897 Constitution Convention Debates
QUOTE Sir GEORGE TURNER:
I would go the length of saying that everyone who has the right in the various colonies, if they desire to
exercise their franchise, should have the opportunity of doing so.
END QUOTE

Desire stands for an expressed wish, option, choice, request, etc, not being
compulsory!
Hansard 8-2-1898 Constitution Convention Debates
QUOTE Mr. OCONNOR (New South Wales).Surely every person who has the suffrage-the right to vote within the Commonwealth-and who lives
within the Commonwealth, is a citizen of the Commonwealth, and entitled to all its privileges, including
the right to take part as the Commonwealth provides in the framing of the laws.
END QUOTE

The rights to participate in voting cannot be deemed to be compulsory. A person may have a
right to walk along a footpath but cannot be compelled to walk along a footpath for days on end
merely because the right exist where the person may have absolutely no need to walk along a
footpath by suing a car. A person may have a right to sit in a local public park but surely
cannot be compelled to do so!
Representatives in parliament have a right to vote but cannot be compelled to vote. They may
refuse to vote. Indeed the Senate may or may not vote on a Bill and a failure to vote in the same
session in which the bill was introduced in the Senate means the Bill failed.
The president in the Senate/Upper House or the speaker in the House of Representatives/Lower
House may vote or not depending if the person desires to do so.
Hansard 15-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
Mr. HIGGINS: The President is entitled to a vote, but why should a man because he represents a State, be
entitle to vote in two instances.

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Mr. LEWIS: It seems to me that it would come to the same thing if, the President were to have a casting
vote an no more. In the future, party politics may run very high in the Senate as well as the House of
Representatives. This clause [start page 683] states that the President shall in all cases be entitled to a vote,
implying that the President being in the House must vote. His vote must be recorded on all party questions,
and that is an invidious position in which to place a man who is supposed to be above anything of that kind.
The President, being within the four walls of the Chamber, must vote on one side or the other, that being the
practice in most Legislatures.
Sir JOHN DOWNER: The subject of the clause is to ensure the State having its full representation.
Mr. ISAACS: The provision in the Bill is right, then.

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Sir JOHN DOWNER: Yes; but as to the objection that it may put the President in an invidious position to
vote in a party division when he desires not to do so, this clause says nothing of the sort. These are matters
for the internal regulations of the House, and no obligation in this respect is imposed on the President.
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END QUOTE

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In my view cost associated with elections can be significantly reduced if councils were to accept
the legal principles embedded in the constitution (upon which I successfully appealed in both
appeals) that voting cannot be made compulsory.
HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Mr. DEAKIN.What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the
liberty and the means to achieve all to which men in these days can reasonably aspire. A charter of
liberty is enshrined in this Constitution, which is also a charter of peace-of peace, order, and good
government for the whole of the peoples whom it will embrace and unite.
END QUOTE
And
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
Mr. SYMON (South Australia).- We who are assembled in this Convention are about to commit to the
people of Australia a new charter of union and liberty; we are about to commit this new Magna Charta
for their acceptance and confirmation, and I can conceive of nothing of greater magnitude in the whole
history of the peoples of the world than this question upon which we are about to invite the peoples of
Australia to vote. The Great Charter was wrung by the barons of England from a reluctant king. This new
charter is to be given by the people of Australia to themselves.
END QUOTE

A real problem is that councillors have gotten into the positions neve r having had a clue
what really is constitutionally appropriate and so continue their reign of horror/terrorism
upon property owners.
I might be using my self-professed crummy English, having migrated in 1971 from The
Netherlands but at least I made a considerable effort to research what the constitution was about.
If every councillor just did their part we wouldnt have a lot of monies being wasted. Councillors
who financially mismanaged affairs should be held liable and not use the softer approach, to let
property owners pay for the mistakes/incompetence of councillors.
Again, the current litigation against me is but a clear example how it continues to waste huge
amount of moneys and likely so with others also. As such Buloke Shire Council lacks the
integrity in any event to be genuine in its claims.
Charging me about $360 a year for alleged garbage collection when none is done, may underline
that it has a problem to justify its charges, or better to say it financial rip off.
While Buloke Shire Council may claim no submissions were made to it regarding any budgets,
etc, reality is that when I make submissions to whomever I generally end up having incompetent
lawyers reading it who are having tunnel visions and so it becomes a waste of time to write
submissions. What is needed is that with any investigation/inquiry those involved at least are
open minded and if they come across writings beyond their mental facilities/capabilities to grasp
then they should be humble enough to ask for clarifications rather than to just disregard it. To
underline how incompetent a council was it took many months and lots of writings before the
particular council legal officer finally understood that 2 hours and 29 minutes was less than 3
hours. That may reflect how incompetent some councils are.
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!)

(
Awaiting your response,

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

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Mr G. H. Schorel-Hlavka O.W.B.
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