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WITHOUT PREJUDICE
Telecommunication Industry Ombudsman 10-5-2017
Email: tio@tio.com.au
5 Ref: Complaint against Optus! 2017-01-14050
Sir/Madam,
I refer to your correspondence dated 25 January 2017 in which you stated the following:
QUOTE
25 January 2017
10 Mr Gerrit Schorel-Hlavka
107 Graham Road
VIEWBANK VIC 3084
By email to gerrit@inspector-rikati.com
Dear Mr Schorel-Hlavka Your complaint
to the TIO
TIO reference 2017/01/14050
Service provider Optus Broadband
Pty Ltd
Account holder Mr Gerrit Schorel-
Hlavka
Service info Service number
0411 590 847

15 END QUOTE
I received from Optus an email (reproduced below) which purported that they had tried to
contact me via telephone. As I have a hearing disability (for decades already) I made clear to rely
upon email communication.
20 The following communication eventuated via email (copies reproduced below):
20170207=13-55 Optus to GHSH
20170207=17-11GHSH to Optus
20170208=22-00 GHSH to Optus
20170221=09-28 Optus to GHSH
25 20170222=01-47 GHSH to Optus
It may be noted that Optus didnt respond via email to gerrit@inspector-rikati.com being the
listed email address on the Optus account until 7 February 2017 and by then any resolution
would not likely be possible by 5Pm on 9 February 2017 and I held that in the circumstances,
30 considering also the amount of material included in my complaint then additional time should be
provided to Optus, that included further details.
By 21 February Optus contacted me seemingly ignoring my previous email and I held it better to
keep my comment to a minimum and referred to my previous emails.
Now however, being a total of 3months from the 9 February 2017 date it seems to me to be clear
35 that Optus has absolutely no intention to appropriately communicate in writing with me.
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Nothing was addressed by Optus and nothing was resolved, if anything further problems
eventuated as Optus seems to so to say take the high position it can do as it likes and blatantly
disregard even any attempt to resolve issues.
5 .
A clear example is that despite my email address being registered as gerrit@inspector-rikati.com
with Optus for all communication and including MyAccount to check usage I nevertheless find
that Optus refuse to automatically enable me to check on usage of entitlements unless I through
an elaborate manner get involved in a Chat to ask for it and even then when assured that the
10 number will be shown and so I can check usage far too often I find days later it still was not
eventuating. In my view it is a deliberate obstructive conduct by Optus to prevent me (and
perhaps like so other users) to check usage! It also means that when I activate a $10 simcard I am
robbed of the choice to select how to use it. For example when one is robbed of 28 days and the
sim card is deactivated by Optus in a week or 14 days then the time to use the simcard is denied.
15 In my view, Optus should provide the ability to check the usage of a simcard when activated
against the email address recorded for MyAccount with Optus and this I view could be provided
for automatically when activating a sim card. What its modus operandi appears to be is to deny
me the ability to check and so deny me the ability to elect how the usage is applied and then by
the time I get through the motions of contacting Optus Chat time and time again the simcard is
20 claimed to be expired.If I try to use the simcard beforehand then this can be used as an excuse
that I cannot select the usage as I desire.
Considering that my complaints also refer back to the denial of services of a $40 voucher that
was purchased then in 2015 then I view there must be an end to my patience and the TIO must
now deal with the matter and no longer allow any further time for Optus to drag it on.
25 .
I have been very patient to wait for Optus to deal with the matter and due to the large amount of
details/information didnt expect that after the 7 February 2017 email from Optus this somehow
could be resolved via email communication within 48 hours. No attempt to my knowledge was
made by Optus to try to resolve the issues via email or for that otherwise in writing.
30 .
Because of my long term hearing disability I am well entitled to pursue that communication is
conducted via email or other writing as to avoid misconceptions, etc. In fact I understand that the
commonwealth legislated against discrimination against the disabled to deny me the right of
written communication where telephone communication is not a reasonable option for me.
35 I do use a mobile but as my cards indicate for TEXT ONLY.
I will now quote the email communication between Optus and myself since 25 January 2017 and
view that Optus total disregard to even attempt to resolve any of the issues underlines that it had
ample of time to attempt to do so but blatantly disregarded this. It merely may have sought to do
40 an oral communication via telephone/mobile and so that I would have no record of what Optus
staff stated and Optus staff then selectively can claim to have recordings or to claim that the c all
wasnt recorded if it were to incriminate Optus. In the past at times Optus would claim that there
was no transcript of the Chat this even so during the Chat I was assured that they would send me
a transcript.
45
It ought to be noted that the statement When you're ready, please get in touch with me. You'll
find my details below. By Optus Gary Maxwell invited me to contact him and it didnt
specifically limit me to a telephone/mobile c all. As I did respond in writing I clearly did
communicate in that regard! I responded on the same date 7-2-2017 with due to hearing
50 impairements I prefer tocommunicate via email about matters, this also to avoid
m8isconceptions/misunderstandings. (Typing error were as such left in this quote.)

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In the 21 February 201 email he stated When possible, can you please confirm you preferred
contact number and what time best suits you for a call?

In my view Gary Maxwell totally disregarded my reference to hearing disability somehow


5 seeking to force me to communicate by phone call.
The following will show the line of communication and the total failure by Optus to make any
reasonable attempt to seek to resolve the issues. In my view 3months is a very long time and
while I accept that for Optus staff to read and consider all matters may take time, nevertheless
10 where I patiently provided this additional time in the circumstances prevailing and Optus has
blatantly disregarded this then I view the TIO cannot do others but make as ruling against Optus.
This as Optus had ample of time to respond and failing to have done so must be taken as an
admission to my claims against it.

15 20170207=13-55 Optus to GHSH


QUOTE
Optus Customer Relations Group -
Account Number 80995821600180 -
TIO Reference 2017/01/14050
From Gary Maxwell
To gerrit@inspector-rikati.com
Date 2017-02-07 13:55

20
Hi Mr Schorel-Hlavka,

Sorry we missed you.

25 I hear you would like to talk to us about your Optus Pre Paid Mobile service.
I've tried to catch up with you a few times, but sadly I have been unable to reach you.

When you're ready, please get in touch with me. You'll find my details below.

30 I look forward to hearing from you soon.

Regards

Gary Maxwell
35 Senior Customer Relations Executive
Optus Customer Relations Group
Operations | Optus
END QUOTE

40 20170207=17-11GHSH to Optus
QUOTE
Re: Optus Customer Relations Group -
Account Number 80995821600180 -
TIO Reference 2017/01/14050
From Mr G. H. Schorel-Hlavka O.W.B.
To Gary Maxwell
Reply-To Gerrit
Date 2017-02-07 17:11

Page 3 10-5-2017 G. H. Schorel-Hlavka O.W.B.


INDEPENDENT2 Consultant (Constitutionalist)
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
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Gary,

due to hearing impairements I prefer tocommunicate via email about matters, this also to avoid
m8isconceptions/misunderstandings.

5 I will quote below todays transcript which may underline ongoping problems:

20170207-Optus Chat transcript


QUOTE
Optus Chat Transcript
From
To
Date
General Information

Chat
Chat Start Time Chat End Time Operator Interaction ID
Duration
Feb 07, 2017 Feb 07, 2017 INT-sv1appis13-
12:14:06 12:34:01 00:19:54 Sylvester 1486430046263-
Australia/Melbourne Australia/Melbourne 69177
Chat transcript

Visitor (12:14:15 Australia/Melbourne) : To try to minimize typing errors I pre-typed this; See
MyAccount dashboard xxx@xxx.xxx On 4 February 2017 I activated the following simcards with at
10.01 PM; $10 pre-paid simcard Order 58727431 Mobile No 0434119 357 simcard 58 16411 69120 2
And at 10.08PM; $30 pre-paid simcard Order 58727460 Mobile No 0481 941 981 simcard 55 15546
83891 6 3MB USAGE ON 4-2-2017 THIS EVEN SO SIMCARD NOT USED UNTIL 7-2-2017 AS PREVIOUS
SIMCARD 55 155146 83862 7 USED TO ACTIVATE IT VIA INTERNET. Also, with $10 simcard Order
58727431 Mobile No 0434119 357 simcard 58 16411 69120 2 it is to be for 1 month to allow $2.00a
day for usage using mobile calls/text and 500MB but instead it appears to be for a mere 7 days and
only 300MB total. This a, even so when I on 6-2-2017 checked with Allen T (Chat) he confirmed it was
for 500M. The problem is that because it was activated on 4-XX/XXXX and I need to wait until it
appears on MyAccount before I can use it knowing if it is actually correctly shown then with a week
essentially I have already been robbed of 3days usage where it still isnt showing the $2.00 a day
usage. Can you make sure the details are correctly recorded so I can finally use the $10simcard? Also,
$30 simcard Order 58727460 Mobile No 0481 941 981 simcard 55 15546 83891 6 I view it is plain
theft to charge 3.00MB for activating a simcard where the particular simcard was not even used to
activate it but I was using another simcard to do so! As this simcard can be checked first was used this
morning! Optus cannot charge me on the simcard I was then actually using for usage to activate and
then also charge me for the simcard that was not actually used until 3 days later! That is called
DOUBLE DIPPING! It may be argued it is a mere 3.00MB but it is the principle that this should never
happen! This, as it creates doubt as to the integrity of Optus when it applies usage, if it is genuine or
just fabricated.
Sylvester (12:14:21 Australia/Melbourne) : Hello! Good afternoon Sylvester welcomes you to Optus
live chat. How may I assist you today?
Visitor (12:14:45 Australia/Melbourne) : I just posted my statement. Can you read it?
Sylvester (12:15:03 Australia/Melbourne) : Yes I will read that and get back to you.
Sylvester (12:20:01 Australia/Melbourne) : To confirm the details - may I have your phone number,
full name and date of birth to confirm the account details please?
Sylvester (12:20:05 Australia/Melbourne) : /f slider custinfo
Visitor (12:20:08 Australia/Melbourne) : {"Px Online:custinfo Slider displayed"}
Visitor (12:20:39 Australia/Melbourne) : {"Px Online:
First name: Gerrit
Last name: Schorel-Hlavka
Date of birth: XX/XXXX/1947
Phone number: 0394577209
Account number:
}
Sylvester (12:20:46 Australia/Melbourne) : Thanks heaps!
Sylvester (12:20:54 Australia/Melbourne) : Would you mind waiting while I review the details of your
enquiry?
Page 4 10-5-2017 G. H. Schorel-Hlavka O.W.B.
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Visitor (12:21:08 Australia/Melbourne) : Go ahead, I wait.
Sylvester (12:21:26 Australia/Melbourne) : Thank you
Sylvester (12:24:01 Australia/Melbourne) : I did have a check and the 2 numbers in question are both
activated on the 4th of Feb
Sylvester (12:24:59 Australia/Melbourne) : To extract the details of your recharge value inclusions,
the system hasn't recorded the details yet for us to make any conclusion to your request
Visitor (12:25:00 Australia/Melbourne) : That is correct butneither was actually used until one (I am
using now) this morning. The $10 simcard is still awaiting to be showing the 42.00 entitlements.
Sylvester (12:25:16 Australia/Melbourne) : I understand that this is a big concern, as it should be..
Sylvester (12:25:59 Australia/Melbourne) : However, to proceed to the next level and make any
changes (if need be) we would need more time in the next few days until the details are up on our
records
Visitor (12:25:59 Australia/Melbourne) : On MyAccount the 3.00MB shows recorded and I made a
screen print to prove it is needed in time.
Sylvester (12:26:10 Australia/Melbourne) : Will that be alright?
Visitor (12:27:41 Australia/Melbourne) : As I indicated the current system allows only 7 days and 3
days are already gone because I need to wait for it to be shown in MYAccount24 to 48 hours, and then
when I have the chat wait again. Now with other waiting time essentially the entire 7 days might be
gone before anything is resolved.
Sylvester (12:28:50 Australia/Melbourne) : I understand, I will see what I can do.
Visitor (12:29:00 Australia/Melbourne) : ok
Sylvester (12:29:21 Australia/Melbourne) : Thank you.
Visitor (12:30:01 Australia/Melbourne) : Can you make sure I receive a copy of the transcript to
xxx@xxx.xxx?
Sylvester (12:30:17 Australia/Melbourne) : Sure thing.
Sylvester (12:31:02 Australia/Melbourne) : Please get back to us after 2 to 3 business days so that we
can have a further update on this.
Sylvester (12:32:43 Australia/Melbourne) : You will be sent a copy of the transcript via email once the
chat has ended
Visitor (12:32:44 Australia/Melbourne) : And what happen with the 7 days ,limit on the $10 card is
that going to be corrected to the $2 a day for 1 month?
Sylvester (12:33:08 Australia/Melbourne) : Yes it will be.
Visitor (12:33:21 Australia/Melbourne) : Ok I will end the chat now.
Visitor (12:33:23 Australia/Melbourne) : thanks
Sylvester (12:33:36 Australia/Melbourne) : You're welcome.

END QUOTE
It means that when communicating with a person on Chat they tell you something and then you have
to wait and in the end often find what they told you is not what actually happened.

The same is when on the telephone, they give you some story and then you got no evidence to prove
5 what they stated.

For example with the $40 I paid for (then) 10GB I was told this was for Mobile phone usage only,
even so as my extensive writings did set out it was not so specifically advertised as such. Neither
does it make one of iota difference to Optus if instead of a simcard being used in a laptop to
download and in a mobile for texting and oral communication because the simcard will work in both.
10 In effect if a person was to only use the simcard for downloading it means Optus is better of not
having to provide text and oral services.

As with the $10 simcard, you get onbe Optus operator (such as at Chat) making clear the $10.00
simcard for ther $2.00 a dayand other claim it is not. You activate simcard and then find that you
haven't got aclue what the simcard provides for because unless it shows up on the MyAccountthe
15 details are never really clear.

As I indicated in the Chat reproduced above, I have purportedly 7 days usage instead of the $2.00 a
day for a month to a maximum of 5 days of such usage. If I had commence to use the simcard then I
would have been stuck to it finishing in 7 days, this even so even as by today I have not used it since
activating on 4 February 2017 because of needing to know first how it can be used. And even nbow I
20 still have to wait until it is correctedas otherwise Imight be undermining my right to the $2.00 a day
usage to the fullest.

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Surely this is an absurdity?

And then we have the DOUBLE DIPPING where Optus somehow automatically claims 3.00 MB usage
for activating a simcard this even so the simcard still wasn't used until days later, as the activation
was done using a different simcard at the time (now expired in usage).

5 Time and time again I asked staff to pass onmy complaints to Optusmanagementbut it seems to no
avail and problems continued to escalate.

As one of my complaints was that Optus staff (those acting for Optus) on chat claimed that the mobile
number belonged to someone else and so I was denied the usage of the simcard. This even so I had
physically the simcard in my possession and had purchased it from a retailer selling Optus simcards
10 and the mobile number was issued by Optus upon activating the simcard as it was an old mobile
number that was recycled by Optus.

Generally I make screenprints of the chat and my copy and past of this in a word document, as I
found at times the Chat operator doesn't sent the transcript even so I asked for it and was given the
understanding it would be provided. As such, I keep a record anyhow.

15 A major problem ,and I asked long ago to address this, is that when I activate a simcard using my
email address which is also the email address with MyAccount, nevertheless it is not automatically
then listed on MyAccount. I see absolutely no reason why this cannot be done automatically as all that
would be needed to confirm with the person is to ask: Do you wish this simcard with mobile number
to be automatically listed on your MyAccount/Dashboard if you have such MyAccount? If you do not
20 have such account do you wish to use this email address to create one now for this simcard related
mobile number?

As I indicated in my complaint Optus uses stickers on the package that the entitlements is as
provided for by the retailer and yet, I found that where I was entitled to 5 GB (as advertised by
Woolworths) I was often denied so, and merely provided with 2GB or even a mere 1 GB.

25 I used to be in management of factories and well in my view Optus is darn disorganised and
seemingly has no way to appropriately deal with complaints, as they drag on and on such as the $40
payment since 2015.

As I indicated I am a senior citizen and Optus could have provided a life time free internet access
(perhaps I might for it lucky enough to kick the bucket the next day) to simply stop the rot and let me
30 enjoy using the internet without constant ongoing hassle.

In my view it would be cheaper for Optus also, but it might just prefer to drag out the problems.

Just as I publish articles as author of books I alert others about it also.

As I indicated in the past to the TIO resolving one complaints with some compensation only for Optus
to continue its rot time and time again is not the answer. Optus needs to address this ongoing rot.

35 In my view if Telstra was to deny a person since 2015 a certain service it would be up for a lot
of compensation and I view Optus should be likewise.

It has to experience that where it ignores ongoing complaints and refuse to address the core
problems then it should suffer the consequences.

Perhaps most people wouldn't be bothered to pursue their rights and entitlements but I am different
40 as I have concerns that where Optus does this so often just with me as a customer then it may be
the modus operandi with numerous other customers.

To reflect back to when I was in management.

I was appointed(by promotions) being known so to say to be direct and con frontal. The board of
directors were concerned about the financial loss ongoing incurred and as such I was appointed.,
45 knowing how I had been very successful in other positions. I detected the system used was
incompetent and inappropriate and immediately revised the system used and as result the factories
Page 6 10-5-2017 G. H. Schorel-Hlavka O.W.B.
INDEPENDENT2 Consultant (Constitutionalist)
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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Page 7
turned into profits. The problem was no one before seemed to care and no one seemed to have the
understanding how to fix things everyone was complaining about. Management was too detached
from it all. Essentially like we have in the political arena where politicians are self-serving and
blatantly disregard the very people they are to serve.

5 In my view Optus management should be hands on and just at times be hands on perhaps sitting
next to an operator at Chat to listen in how matters are attended to, without letting the operator
know they are of management.

I recall and incident where a worker in the factory to my observation was working very diligent but his
work sheet appeared to indicate differently. It was that his machines ongoing were breaking down
10 stopping production. One day I simply asked him to start the day by what the manual was stating. He
initially was telling me he knew how to do it but in the end accepted to follow my directions. That
was the end of his many problems because he discovered he was wrongly taught about how to set air
pressure and that was the cause of the ongoing jamming. Likewise, Optus staff dealing with chat may
have never been appropriately trained and in their understanding deal with complaints they are
15 taught only to escalate the problems rather than to resolve them.

Supervisors may desire to protect their own jobs to refuse to pass on a complaint to higher
management staff of Optus and so by this protract and complicate matters. I used to have an open
door policy, meaning any worker could come into my office presenting an idea and I would always
careful consider it regardless if in the end I were to accept to implement it or not. I always thanked
20 them for their suggestions/input. In my view this should be, as it appears to me not existing, with
Optus for Chat staff to be able to provide suggestions. Perhaps even be rewarded for a suggestion,
etc. After all Optus is a company in business to make monies for its shareholders and as such
suggestions that could streamline services and cut down on expenses surely is in the interest of
shareholders also!

25 I wrote ample in my complaints and used images to support it also and I would therefore expect that
Optus isn't going to try to repeat it all and come up with a lot of nonsense, but that it comes with
appropriate solutions.

II recognise that Optus may not desire to provide lifelong free internet access just in case I were to
live till I am 130 years or so, and well it can make offers that may appropriately resolve matters. I do
30 view however that it cannot such as the $40.00 entitlement for 10 GB now can argue that it will
somehow provide 10 GB because it caused ongoing problems in the process and must recognise it
was at fault. the mere fact that I recalls pending as much as up to about 5 hours just to get service of
a simcard and still not getting it resolved in Chats may underline this is a total absurdity. I am
entitled to services and every minute in my life as such is valuable. If Optus cannot accept to provide
35 appropriate entitled services then well it simply must accept to provide a reasonable compensation to
me. We are not just talking about one minor incident but ongoing frustration and obstructions to allow
me to use the services I paid for.

Few people would provide as much as details and supporting images as I did, and despite asking Chat
Staff to have senior management contacting me via email (which email address they have) they
40 never did. As such, Optus has been at fault all along and needs to address this considerable system
failure. the transcripts records underline that I asked for my complaints to be passed on to senior
management of Optus but if they were then obviously no one could bother to try to resolve the
problems.

.It is obviously a danger for Optus to let retailers sell simcards which do not show on the package
45 what precisely is contained as entitlements and so leaves it up to the retailer to advertise its ware and
well the customer then ends up with a lot of conflicts.

As I noticed recently at an OfficeWorks store the simcards ( a heap of them) for sale (we are talking
2017) were all showing an expiry date of August 2016. Itin my view is grossly unfair to customers to
having to read the fine print when they are busy shopping as if they have to make it that the
50 purchase of a simcard may need a lawyer at hand to explain it all. I understand Vodafone has no
expiry date on its simcard package and it can be used whenever. Actually when I pointed this out to
OfficeWorks management its response was that only a week earlier someone had checked it all the
date.

Now get this: only a week earlier?

Page 7 10-5-2017 G. H. Schorel-Hlavka O.W.B.


INDEPENDENT2 Consultant (Constitutionalist)
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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0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
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It means that even if a person had done so and overlooked a huge stack of simcards it still would
have been in 2017 and so they were selling those out of date simcards since August 2016! and when
a simcard is $30 a pop then surely ample of customers would have been angry having been sold a
simcard that is expired months before purchase.

5 Yet, if Optus followed Vodofone example to put the manufacturing date instead of an expiry date on
the package then this kind of problem can be avoided also.

Likewise, if Optus provide on its simcards the value of the simcard, not just on the package, being it
$2.00, $10.00, $40.00 or what ever then customers would also know this when removing a simcard
from it package. I found that purchasing an Optus mobile the simcard was not at all for what on the
10 package was shown. Somehow the simcard package had been removed and replaced.

I purchased 2 Optus mobiles from Australia Post office only years later to discover the simcards had
to be used before the expiry date. So much for purchasing emergency Optus Mobiles. It means that in
a real emergency the mobiles would be useless and could result to the loss of life if such emergency
had occurred.

15 The above should give you plenty to consider, and for the record I intent to publish this email also.

I look forwards to you coming up how to appropriately (that is for me) to resolve issues and ensure
they do not repeat the same for ever in the day.

---

20 Mr G. H. Schorel-Hlavka O.W.B.
MAY JUSTICE ALWAYS PREVAIL
107 Graham Road
Viewbank 3084, Victoria, Australia

25 Author of INSPECTOR-RIKATI books on certain constitutional and other legal


issues.

THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE DISABLED

30 On 2017-02-07 13:55, Gary Maxwell wrote:

Hi Mr Schorel-Hlavka,

Sorry we missed you.

I hear you would like to talk to us about your Optus Pre Paid Mobile service.

I've tried to catch up with you a few times, but sadly I have been unable to reach you.

35 When you're ready, please get in touch with me. You'll find my details below.

I look forward to hearing from you soon.

Regards

Gary Maxwell
Senior Customer Relations Executive

40 Optus Customer Relations Group

Operations | Optus
Page 8 10-5-2017 G. H. Schorel-Hlavka O.W.B.
INDEPENDENT2 Consultant (Constitutionalist)
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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0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
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Phone: 08 70768563

Email: gary.maxwell@optus.com.au

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5 sender know straight away so it wont happen again. Please do not disclose this email to
anyone else without the senders permission. We do our best to avoid errors on emails, but
occasionally we do make mistakes, so we cant warrant this email will be error free. And
before you go, please note that we might scan, store, read or disclose to others, any emails
sent to or from Optus at our discretion.

10 Please think of the environment before printing this email.

END QUOTE

20170208=22-00 GHSH to Optus


QUOTE
15 AND FURTHER-Fwd: Re: Optus
Customer Relations Group - Account
Number 80995821600180 - TIO
Reference 2017/01/14050
From Mr G. H. Schorel-Hlavka O.W.B.
To gary.maxwell@optus.com.au
Cc Gerrit
Reply-To Gerrit
Date 2017-02-08 22:00

20 20170208_21h38m35s_087_Optus 0434119357.png

Gary Maxwell,

further to my previous email I checked just before and as the attached image shows the $10 simcard
and doesn't show the 42.00 a day for 5 days during a month period to use 500MB on each occasion
and as such by this I am still prevented from using it as desired. Consaidering that the simcard was
25 activate on 4-2-2017 and Allen T during Chat made known it was gffor 500MB thand that it was
corrected then clearly once again this was not true.

Where the simcard is currently set to expire in 7 days from the date of activation then I view the
conduct of Optus is absurd. My wife now had to use Vodafone simcard to make a phone call.

I may state similar problems eventuated with simcard 55 15538 43679 4 which was activated on 5
30 January 2017 but when I tried to use it more than a week later I found it not permitting being used,
despite that then I too had selected for $2.00 a day usage.

Both cards were $10 simcards.

I can assure you that I will pursue this also further.

---
35
Mr G. H. Schorel-Hlavka O.W.B.
MAY JUSTICE ALWAYS PREVAIL
Page 9 10-5-2017 G. H. Schorel-Hlavka O.W.B.
INDEPENDENT2 Consultant (Constitutionalist)
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 making a reservation, by fax
0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Page 10
107 Graham Road
Viewbank 3084, Victoria, Australia

Author of INSPECTOR-RIKATI books on certain constitutional and other legal


5 issues.

THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE DISABLED

-------- Original Message --------

Subject: Re: Optus Customer Relations Group - Account Number 80995821600180 - TIO
Reference 2017/01/14050
Date: 2017-02-07 17:11
From: "Mr G. H. Schorel-Hlavka O.W.B." <gerrit@inspector-rikati.com>
To: Gary Maxwell <Gary.Maxwell@optus.com.au>
Reply-To: Gerrit <gerrit@inspector-rikati.com>

10 Gary,

due to hearing impairements I prefer tocommunicate via email about matters, this also to avoid
m8isconceptions/misunderstandings.

I will quote below todays transcript which may underline ongoping problems:

20170207-Optus Chat transcript


15 QUOTE
Optus Chat Transcript
From
To

Date
General Information

Chat
Chat Start Time Chat End Time Operator Interaction ID
Duration
Feb 07, 2017 Feb 07, 2017 INT-sv1appis13-
12:14:06 12:34:01 00:19:54 Sylvester 1486430046263-
Australia/Melbourne Australia/Melbourne 69177
Chat transcript

Visitor (12:14:15 Australia/Melbourne) : To try to minimize typing errors I pre-typed this; See
MyAccount dashboard xxx@xxx.xxx On 4 February 2017 I activated the following simcards with at
10.01 PM; $10 pre-paid simcard Order 58727431 Mobile No 0434119 357 simcard 58 16411 69120 2
And at 10.08PM; $30 pre-paid simcard Order 58727460 Mobile No 0481 941 981 simcard 55 15546
83891 6 3MB USAGE ON 4-2-2017 THIS EVEN SO SIMCARD NOT USED UNTIL 7-2-2017 AS PREVIOUS
SIMCARD 55 155146 83862 7 USED TO ACTIVATE IT VIA INTERNET. Also, with $10 simcard Order
58727431 Mobile No 0434119 357 simcard 58 16411 69120 2 it is to be for 1 month to allow $2.00a
day for usage using mobile calls/text and 500MB but instead it appears to be for a mere 7 days and
only 300MB total. This a, even so when I on 6-2-2017 checked with Allen T (Chat) he confirmed it was
for 500M. The problem is that because it was activated on 4-XX/XXXX and I need to wait until it
appears on MyAccount before I can use it knowing if it is actually correctly shown then with a week
essentially I have already been robbed of 3days usage where it still isnt showing the $2.00 a day
usage. Can you make sure the details are correctly recorded so I can finally use the $10simcard? Also,
$30 simcard Order 58727460 Mobile No 0481 941 981 simcard 55 15546 83891 6 I view it is plain
theft to charge 3.00MB for activating a simcard where the particular simcard was not even used to
activate it but I was using another simcard to do so! As this simcard can be checked first was used this
morning! Optus cannot charge me on the simcard I was then actually using for usage to activate and
then also charge me for the simcard that was not actually used until 3 days later! That is called
DOUBLE DIPPING! It may be argued it is a mere 3.00MB but it is the principle that this should never
happen! This, as it creates doubt as to the integrity of Optus when it applies usage, if it is genuine or
just fabricated.
Sylvester (12:14:21 Australia/Melbourne) : Hello! Good afternoon Sylvester welcomes you to Optus

Page 10 10-5-2017 G. H. Schorel-Hlavka O.W.B.


INDEPENDENT2 Consultant (Constitutionalist)
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Page 11
live chat. How may I assist you today?
Visitor (12:14:45 Australia/Melbourne) : I just posted my statement. Can you read it?
Sylvester (12:15:03 Australia/Melbourne) : Yes I will read that and get back to you.
Sylvester (12:20:01 Australia/Melbourne) : To confirm the details - may I have your phone number,
full name and date of birth to confirm the account details please?
Sylvester (12:20:05 Australia/Melbourne) : /f slider custinfo
Visitor (12:20:08 Australia/Melbourne) : {"Px Online:custinfo Slider displayed"}
Visitor (12:20:39 Australia/Melbourne) : {"Px Online:
First name: Gerrit
Last name: Schorel-Hlavka
Date of birth: XX/XXXX/1947
Phone number: 0394577209
Account number:
}
Sylvester (12:20:46 Australia/Melbourne) : Thanks heaps!
Sylvester (12:20:54 Australia/Melbourne) : Would you mind waiting while I review the details of your
enquiry?
Visitor (12:21:08 Australia/Melbourne) : Go ahead, I wait.
Sylvester (12:21:26 Australia/Melbourne) : Thank you
Sylvester (12:24:01 Australia/Melbourne) : I did have a check and the 2 numbers in question are both
activated on the 4th of Feb
Sylvester (12:24:59 Australia/Melbourne) : To extract the details of your recharge value inclusions,
the system hasn't recorded the details yet for us to make any conclusion to your request
Visitor (12:25:00 Australia/Melbourne) : That is correct butneither was actually used until one (I am
using now) this morning. The $10 simcard is still awaiting to be showing the 42.00 entitlements.
Sylvester (12:25:16 Australia/Melbourne) : I understand that this is a big concern, as it should be..
Sylvester (12:25:59 Australia/Melbourne) : However, to proceed to the next level and make any
changes (if need be) we would need more time in the next few days until the details are up on our
records
Visitor (12:25:59 Australia/Melbourne) : On MyAccount the 3.00MB shows recorded and I made a
screen print to prove it is needed in time.
Sylvester (12:26:10 Australia/Melbourne) : Will that be alright?
Visitor (12:27:41 Australia/Melbourne) : As I indicated the current system allows only 7 days and 3
days are already gone because I need to wait for it to be shown in MYAccount24 to 48 hours, and then
when I have the chat wait again. Now with other waiting time essentially the entire 7 days might be
gone before anything is resolved.
Sylvester (12:28:50 Australia/Melbourne) : I understand, I will see what I can do.
Visitor (12:29:00 Australia/Melbourne) : ok
Sylvester (12:29:21 Australia/Melbourne) : Thank you.
Visitor (12:30:01 Australia/Melbourne) : Can you make sure I receive a copy of the transcript to
xxx@xxx.xxx?
Sylvester (12:30:17 Australia/Melbourne) : Sure thing.
Sylvester (12:31:02 Australia/Melbourne) : Please get back to us after 2 to 3 business days so that we
can have a further update on this.
Sylvester (12:32:43 Australia/Melbourne) : You will be sent a copy of the transcript via email once the
chat has ended
Visitor (12:32:44 Australia/Melbourne) : And what happen with the 7 days ,limit on the $10 card is
that going to be corrected to the $2 a day for 1 month?
Sylvester (12:33:08 Australia/Melbourne) : Yes it will be.
Visitor (12:33:21 Australia/Melbourne) : Ok I will end the chat now.
Visitor (12:33:23 Australia/Melbourne) : thanks
Sylvester (12:33:36 Australia/Melbourne) : You're welcome.

END QUOTE
It means that when communicating with a person on Chat they tell you something and then you have
to wait and in the end often find what they told you is not what actually happened.

The same is when on the telephone, they give you some story and then you got no evidence to prove
5 what they stated.

Page 11 10-5-2017 G. H. Schorel-Hlavka O.W.B.


INDEPENDENT2 Consultant (Constitutionalist)
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 making a reservation, by fax
0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Page 12
For example with the $40 I paid for (then) 10GB I was told this was for Mobile phone usage only,
even so as my extensive writings did set out it was not so specifically advertised as such. Neither
does it make one of iota difference to Optus if instead of a simcard being used in a laptop to
download and in a mobile for texting and oral communication because the simcard will work in both.
5 In effect if a person was to only use the simcard for downloading it means Optus is better of not
having to provide text and oral services.

As with the $10 simcard, you get onbe Optus operator (such as at Chat) making clear the $10.00
simcard for ther $2.00 a dayand other claim it is not. You activate simcard and then find that you
haven't got aclue what the simcard provides for because unless it shows up on the MyAccountthe
10 details are never really clear.

As I indicated in the Chat reproduced above, I have purportedly 7 days usage instead of the $2.00 a
day for a month to a maximum of 5 days of such usage. If I had commence to use the simcard then I
would have been stuck to it finishing in 7 days, this even so even as by today I have not used it since
activating on 4 February 2017 because of needing to know first how it can be used. And even nbow I
15 still have to wait until it is correctedas otherwise Imight be undermining my right to the $2.00 a day
usage to the fullest.

Surely this is an absurdity?

And then we have the DOUBLE DIPPING where Optus somehow automatically claims 3.00 MB usage
for activating a simcard this even so the simcard still wasn't used until days later, as the activation
20 was done using a different simcard at the time (now expired in usage).

Time and time again I asked staff to pass onmy complaints to Optusmanagementbut it seems to no
avail and problems continued to escalate.

As one of my complaints was that Optus staff (those acting for Optus) on chat claimed that the mobile
number belonged to someone else and so I was denied the usage of the simcard. This even so I had
25 physically the simcard in my possession and had purchased it from a retailer selling Optus simcards
and the mobile number was issued by Optus upon activating the simcard as it was an old mobile
number that was recycled by Optus.

Generally I make screenprints of the chat and my copy and past of this in a word document, as I
found at times the Chat operator doesn't sent the transcript even so I asked for it and was given the
30 understanding it would be provided. As such, I keep a record anyhow.

A major problem ,and I asked long ago to address this, is that when I activate a simcard using my
email address which is also the email address with MyAccount, nevertheless it is not automatically
then listed on MyAccount. I see absolutely no reason why this cannot be done automatically as all that
would be needed to confirm with the person is to ask: Do you wish this simcard with mobile number
35 to be automatically listed on your MyAccount/Dashboard if you have such MyAccount? If you do not
have such account do you wish to use this email address to create one now for this simcard related
mobile number?

As I indicated in my complaint Optus uses stickers on the package that the entitlements is as
provided for by the retailer and yet, I found that where I was entitled to 5 GB (as advertised by
40 Woolworths) I was often denied so, and merely provided with 2GB or even a mere 1 GB.

I used to be in management of factories and well in my view Optus is darn disorganised and
seemingly has no way to appropriately deal with complaints, as they drag on and on such as the $40
payment since 2015.

As I indicated I am a senior citizen and Optus could have provided a life time free internet access
45 (perhaps I might for it lucky enough to kick the bucket the next day) to simply stop the rot and let me
enjoy using the internet without constant ongoing hassle.

In my view it would be cheaper for Optus also, but it might just prefer to drag out the problems.

Just as I publish articles as author of books I alert others about it also.

Page 12 10-5-2017 G. H. Schorel-Hlavka O.W.B.


INDEPENDENT2 Consultant (Constitutionalist)
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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0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Page 13

As I indicated in the past to the TIO resolving one complaints with some compensation only for Optus
to continue its rot time and time again is not the answer. Optus needs to address this ongoing rot.

In my view if Telstra was to deny a person since 2015 a certain service it would be up for a lot
5 of compensation and I view Optus should be likewise.

It has to experience that where it ignores ongoing complaints and refuse to address the core
problems then it should suffer the consequences.

Perhaps most people wouldn't be bothered to pursue their rights and entitlements but I am different
as I have concerns that where Optus does this so often just with me as a customer then it may be
10 the modus operandi with numerous other customers.

To reflect back to when I was in management.

I was appointed(by promotions) being known so to say to be direct and con frontal. The board of
directors were concerned about the financial loss ongoing incurred and as such I was appointed.,
knowing how I had been very successful in other positions. I detected the system used was
15 incompetent and inappropriate and immediately revised the system used and as result the factories
turned into profits. The problem was no one before seemed to care and no one seemed to have the
understanding how to fix things everyone was complaining about. Management was too detached
from it all. Essentially like we have in the political arena where politicians are self-serving and
blatantly disregard the very people they are to serve.

20 In my view Optus management should be hands on and just at times be hands on perhaps sitting
next to an operator at Chat to listen in how matters are attended to, without letting the operator
know they are of management.

I recall and incident where a worker in the factory to my observation was working very diligent but his
work sheet appeared to indicate differently. It was that his machines ongoing were breaking down
25 stopping production. One day I simply asked him to start the day by what the manual was stating. He
initially was telling me he knew how to do it but in the end accepted to follow my directions. That
was the end of his many problems because he discovered he was wrongly taught about how to set air
pressure and that was the cause of the ongoing jamming. Likewise, Optus staff dealing with chat may
have never been appropriately trained and in their understanding deal with complaints they are
30 taught only to escalate the problems rather than to resolve them.

Supervisors may desire to protect their own jobs to refuse to pass on a complaint to higher
management staff of Optus and so by this protract and complicate matters. I used to have an open
door policy, meaning any worker could come into my office presenting an idea and I would always
careful consider it regardless if in the end I were to accept to implement it or not. I always thanked
35 them for their suggestions/input. In my view this should be, as it appears to me not existing, with
Optus for Chat staff to be able to provide suggestions. Perhaps even be rewarded for a suggestion,
etc. After all Optus is a company in business to make monies for its shareholders and as such
suggestions that could streamline services and cut down on expenses surely is in the interest of
shareholders also!

40 I wrote ample in my complaints and used images to support it also and I would therefore expect that
Optus isn't going to try to repeat it all and come up with a lot of nonsense, but that it comes with
appropriate solutions.

II recognise that Optus may not desire to provide lifelong free internet access just in case I were to
live till I am 130 years or so, and well it can make offers that may appropriately resolve matters. I do
45 view however that it cannot such as the $40.00 entitlement for 10 GB now can argue that it will
somehow provide 10 GB because it caused ongoing problems in the process and must recognise it
was at fault. the mere fact that I recalls pending as much as up to about 5 hours just to get service of
a simcard and still not getting it resolved in Chats may underline this is a total absurdity. I am
entitled to services and every minute in my life as such is valuable. If Optus cannot accept to provide
50 appropriate entitled services then well it simply must accept to provide a reasonable compensation to
me. We are not just talking about one minor incident but ongoing frustration and obstructions to allow
me to use the services I paid for.

Page 13 10-5-2017 G. H. Schorel-Hlavka O.W.B.


INDEPENDENT2 Consultant (Constitutionalist)
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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0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Page 14
Few people would provide as much as details and supporting images as I did, and despite asking Chat
Staff to have senior management contacting me via email (which email address they have) they
never did. As such, Optus has been at fault all along and needs to address this considerable system
failure. the transcripts records underline that I asked for my complaints to be passed on to senior
5 management of Optus but if they were then obviously no one could bother to try to resolve the
problems.

.It is obviously a danger for Optus to let retailers sell simcards which do not show on the package
what precisely is contained as entitlements and so leaves it up to the retailer to advertise its ware and
well the customer then ends up with a lot of conflicts.

10 As I noticed recently at an OfficeWorks store the simcards ( a heap of them) for sale (we are talking
2017) were all showing an expiry date of August 2016. Itin my view is grossly unfair to customers to
having to read the fine print when they are busy shopping as if they have to make it that the
purchase of a simcard may need a lawyer at hand to explain it all. I understand Vodafone has no
expiry date on its simcard package and it can be used whenever. Actually when I pointed this out to
15 OfficeWorks management its response was that only a week earlier someone had checked it all the
date.

Now get this: only a week earlier?

It means that even if a person had done so and overlooked a huge stack of simcards it still would
have been in 2017 and so they were selling those out of date simcards since August 2016! and when
20 a simcard is $30 a pop then surely ample of customers would have been angry having been sold a
simcard that is expired months before purchase.

Yet, if Optus followed Vodofone example to put the manufacturing date instead of an expiry date on
the package then this kind of problem can be avoided also.

Likewise, if Optus provide on its simcards the value of the simcard, not just on the package, being it
25 $2.00, $10.00, $40.00 or what ever then customers would also know this when removing a simcard
from it package. I found that purchasing an Optus mobile the simcard was not at all for what on the
package was shown. Somehow the simcard package had been removed and replaced.

I purchased 2 Optus mobiles from Australia Post office only years later to discover the simcards had
to be used before the expiry date. So much for purchasing emergency Optus Mobiles. It means that in
30 a real emergency the mobiles would be useless and could result to the loss of life if such emergency
had occurred.

The above should give you plenty to consider, and for the record I intent to publish this email also.

I look forwards to you coming up how to appropriately (that is for me) to resolve issues and ensure
they do not repeat the same for ever in the day.

35 Gerrit

---

Mr G. H. Schorel-Hlavka O.W.B.
MAY JUSTICE ALWAYS PREVAIL
40 107 Graham Road
Viewbank 3084, Victoria, Australia

Author of INSPECTOR-RIKATI books on certain constitutional and other legal


issues.
45
THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE DISABLED

On 2017-02-07 13:55, Gary Maxwell wrote:

Hi Mr Schorel-Hlavka,
Page 14 10-5-2017 G. H. Schorel-Hlavka O.W.B.
INDEPENDENT2 Consultant (Constitutionalist)
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 making a reservation, by fax
0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Page 15
Sorry we missed you.

I hear you would like to talk to us about your Optus Pre Paid Mobile service.

I've tried to catch up with you a few times, but sadly I have been unable to reach you.

When you're ready, please get in touch with me. You'll find my details below.

5 I look forward to hearing from you soon.

Regards

Gary Maxwell
Senior Customer Relations Executive

Optus Customer Relations Group

10 Operations | Optus

Phone: 08 70768563

Email: gary.maxwell@optus.com.au

Follow us

This email may be confidential. If you received it accidentally, please delete it and let the
15 sender know straight away so it wont happen again. Please do not disclose this email to
anyone else without the senders permission. We do our best to avoid errors on emails, but
occasionally we do make mistakes, so we cant warrant this email will be error free. And
before you go, please note that we might scan, store, read or disclose to others, any emails
sent to or from Optus at our discretion.

20 Please think of the environment before printing this email.

END QUOTE

20170221=09-28 Optus to GHSH


QUOTE
Optus Customer Relations Group -
25 Account Number 80995821600180 -
TIO Reference 2017/01/14050
From Gary Maxwell
To gerrit@inspector-rikati.com
Date 2017-02-21 09:28
Message 9 of 96 < >

Hi Mr Schorel-Hlavka,
30
Sorry we missed you.

I hear you would like to talk to us about your Optus Pre Paid Mobile service.
Page 15 10-5-2017 G. H. Schorel-Hlavka O.W.B.
INDEPENDENT2 Consultant (Constitutionalist)
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 making a reservation, by fax
0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Page 16
I've tried to catch up with you a few times, but sadly I have been unable to reach you.

When possible, can you please confirm you preferred contact number and what time best
suits you for a call?
5
I look forward to hearing from you soon.

Regards

10 Gary Maxwell
Senior Customer Relations Executive
Optus Customer Relations Group
Operations | Optus
Phone: 08 70768563
15 Email: gary.maxwell@optus.com.au
Follow us

This email may be confidential. If you received it accidentally, please delete it and let the
20 sender know straight away so it wont happen again. Please do not disclose this email to
anyone else without the senders permission. We do our best to avoid errors on emails,
but occasionally we do make mistakes, so we cant warrant this email will be error free.
And before you go, please note that we might scan, store, read or disclose to others, any
emails sent to or from Optus at our discretion.
25
Please think of the environment before printing this email.
END QUOTE

20170222=01-47 GHSH to Optus


30 QUOTE
Re: Optus Customer Relations Group -
Account Number 80995821600180 -
TIO Reference 2017/01/14050
From Mr G. H. Schorel-Hlavka O.W.B.
To Gary Maxwell
Cc Gerrit
Reply-To Gerrit
Date 2017-02-22 01:47

35 Gary,

I responded to your 7-2-2017 email the same day at about 17.11 (PM) and had no further response
from you.

---

40 Mr G. H. Schorel-Hlavka O.W.B.
MAY JUSTICE ALWAYS PREVAIL
107 Graham Road
Viewbank 3084, Victoria, Australia

45 Author of INSPECTOR-RIKATI books on certain constitutional and other legal


issues.

Page 16 10-5-2017 G. H. Schorel-Hlavka O.W.B.


INDEPENDENT2 Consultant (Constitutionalist)
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 making a reservation, by fax
0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Page 17
THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE DISABLED

On 2017-02-21 09:28, Gary Maxwell wrote:

Hi Mr Schorel-Hlavka,

5 Sorry we missed you.

I hear you would like to talk to us about your Optus Pre Paid Mobile service.

I've tried to catch up with you a few times, but sadly I have been unable to reach you.

When possible, can you please confirm you preferred contact number and what time best
suits you for a call?

10 I look forward to hearing from you soon.

Regards

Gary Maxwell
Senior Customer Relations Executive

Optus Customer Relations Group

15 Operations | Optus

Phone: 08 70768563

Email: gary.maxwell@optus.com.au

Follow us

This email may be confidential. If you received it accidentally, please delete it and let the
20 sender know straight away so it wont happen again. Please do not disclose this email to
anyone else without the senders permission. We do our best to avoid errors on emails, but
occasionally we do make mistakes, so we cant warrant this email will be error free. And
before you go, please note that we might scan, store, read or disclose to others, any emails
sent to or from Optus at our discretion.

25 Please think of the environment before printing this email.

END QUOTE

Even so Gary Maxwell states in his emails Gary Maxwell Senior Customer Relations
Executive Optus Customer Relations Group Operations | Optus it appears to me that his conduct
is very questionable not to have made any appropriate and reasonable attempt to communicate in
30 writing to me. Where a Senior Customer Relations Executive cannot even bother to try to
communicate appropriately then surely one cannot expect better from ordinary Optus staff. Optus
had ample of time and opportunity to appropriately respond upon my complaints and it refusal to

Page 17 10-5-2017 G. H. Schorel-Hlavka O.W.B.


INDEPENDENT2 Consultant (Constitutionalist)
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 making a reservation, by fax
0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Page 18
do so must now be taken as that it by doing so (implied) conceded my claims are justified against
it. Accordingly the TIO should rule in my favour.

International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49 (12 November 2009)
QUOTE
5 In 1864 the Supreme Court of the United States said: "Parties whose rights are to be affected are
entitled to be heard; and in order that they may enjoy that right they must first be notified."[193]
Under Pt 2 of the Act, there is notification only after the defendant's rights are affected, and no provision for
any opportunity for defendants to argue that orders affecting them should be dissolved. In 1965 the Supreme
Court of the United States said that the opportunity to be heard "must be granted at a meaningful time
10 and in a meaningful manner."[194]
END QUOTE

QUOTE
JURISDICTION the power to hear and determine a case. 147 P.2d 759, 761. This power may be
15 established and described with reference to particular subjects or to parties who fall into a particular
category. In addition to the power to adjudicate, a valid exercise of jurisdiction requires fair notice and
an opportunity for the affected parties to be heard. Without jurisdiction, a court's judgment is void. A
court must have both SUBJECT MATTER JURISDICTION and PERSONAL JURISDICTION (see
below). See also territorial jurisdiction; title jurisdiction."
20 END QUOTE

TAYLOR v. TAYLOR [1979] HCA 38; (1979) 143 CLR 1 (22 August 1979)
Similarly in Commissioner of Police v. Tanos (1958) 98 CLR 383, at p 395, Dixon C.J. and Webb J. said that
QUOTE
25 it is a deep-rooted principle of the law that before anyone can be punished or prejudiced in his person or
property by any judicial or quasi-judicial proceeding he must be afforded an adequate opportunity of
being heard.
END QUOTE

30 Marriage of Baines (No. 2) (1981) 7 Fam LR 232 at 237;-


QUOTE
We recognise that each party is entitled to a Fair and Proper trial and to an adequate opportunity to adduce
relevant evidence and to test the quality and veracity of the evidence adduced by the other party.
END QUOTE
35
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
40 evidence.
END QUOTE

QUOTE
Administrative: CODE ENFORCEMENT Due ProcessAppellant was afforded notice and an opportunity
45 to be heard prior to the Boards issuance of its order imposing a fine when the Board sent Appellant notice
via certified mail, return receipt requested, and posted a notice on Appellants property and in the Citys
municipal offices. Order affirmed. Reinhardt v. City of Dunedin Code Enforcement Board, No. 14-000009AP-88B
(Fla. 6th Cir. App. Ct. July 24, 2014).
END QUOTE
50 See also: . Ramsey v. City of Dunedin Code Enforcement Board
https://www.courtsni.gov.uk/en-
GB/Judicial%20Decisions/PublishedByYear/Documents/2001/2001%20NIQB%2024/j_j_HIGC3453.htm
QUOTE
55
Counsel on behalf of the plaintiff submitted that what the defendant proposed was an abuse of process. No
intention to defend has been lodged, yet the defendant proposes to defend the proceedings in the High Court
on appeal. It was accepted that the defendant had a right to appeal preserved by statute, but that appeal was
limited to the proceedings on 1 October 1999, related to the assessment of damages. The defendant could

Page 18 10-5-2017 G. H. Schorel-Hlavka O.W.B.


INDEPENDENT2 Consultant (Constitutionalist)
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 making a reservation, by fax
0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Page 19
have appealed the default judgment and is now out of time or could have sought to set it aside. He has done
none of those things.
The Notice of Intention to Defend is an important part of the Civil Bill process in the County Court.
Service of the Notice determines the nature of the proceedings whether defended or undefended. It informs
5 the Chief Clerk when and before whom the case should be listed. Thus Order 8 Rule 2 requires a defendant
who intends to defend to serve Notice on the other party or parties within 21 days. A decision not to serve a
Notice of Intention to Defend or failure to do so, informs the court that the case is undefended. However,
Order 8 Rule 2(2) provides a saving clause where, for good reason, no notice to defend has been served
within the requisite time period. The parties can consent to late service or the court may grant leave. The
10 court could refuse leave, in which situation the case remains undefended. There is no reason why a refusal
of leave could not be appealed. The word decree in Article 60 of the County Court Order means no more
than an order of that court.
The instant case when it appeared in the list of the District Judge on 1 October 1999 was an
undefended matter in which the courts function was to assess damages, which it did. The decree or order of
15 the court on that day was an assessment of damages in a case in which interlocutory judgment had already
been entered. The defendant appeals against that order and submits that he has a right to a hearing on the
merits in the appellate court. However the case still remains an undefended case, as no notice of intention to
defend has been lodged and as an undefended case the only issue which can be the subject of appeal is the
assessment of damages. No appeal has been lodged against the interlocutory judgment. Can an appeal
20 against an assessment of damages, where interlocutory judgment is entered, convert an undefended case into
a defended case? I do not think it can. An appeal from the County Court to the High Court may be a
rehearing, but it is a rehearing of what was litigated in the court below. It does not seem to me that a
defendant can fail to observe the rules in the County Court and expect the High Court to ignore his failure
and treat an undefended case as a defended case. This would ignore the purpose of the rules.
25 In Davis v NI Carriers [199] NI 19 Lowry LCJ (as he then was) said at page 20:
Where a time-limit is imposed by statute it cannot be extended unless that or
another statute contains a dispensing power. Where the time is imposed by rules
of court which embody a dispensing power, such as that found in Order 64, rule
7, the court must exercise its discretion in each case, and for that purpose the
30 relevant principles are:

(1) whether the time is sped: a court will, where the reason is a
good one, look more favourably on an application made before the time
is up;
35
(2) when the time-limit has expired, the extent to which the party
applying is in default;

(3) the effect on the opposite party of granting the application and,
40 in particular, whether he can be compensated by costs;

(4) whether a hearing on the merits has taken place or would be


denied by refusing an extension;

45 (5) whether there is a point of substance (which in effect means a


legal point of substance when dealing with cases stated) to be made
which could not otherwise be put forward; and

(6) whether the point is of general, and not merely particular


50 significance.

To these I add the important principle:

(7) that the rules of court are there to be observed.


55
In this connection I could not hope to improve on what Lord Guest has said in
Ratnam v. Cumarasamy [1965] 1 W.L.R. 8, 12:

The rules of court must prima facie be obeyed, and in


60 order to justify a court in extending the time during which

Page 19 10-5-2017 G. H. Schorel-Hlavka O.W.B.


INDEPENDENT2 Consultant (Constitutionalist)
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 making a reservation, by fax
0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
Page 20
some step in procedure requires to be taken there must be
some material upon which the court can exercise its
discretion. If the law were otherwise, a party in breach
would have an unqualified right to an extension of time
5 which would defeat the purpose of the rules, which is to
provide a time table for the conduct of litigation.

The importance of the rules and compliance with them cannot be overlooked. Various savings are provided
by the County Court Rules where for good reason, the Rules have not been complied with. The issue of
10 liability has never been litigated in the County Court. The purpose of an appeal is to allow a party,
dissatisfied with the decision of the lower court, to appeal against the decision of the lower court. The
County Court has not determined the merits of the liability issue other than to enter judgment by default. It
cannot be good law for the question of liability to be litigated for the first time in the appellate court.
Therefore my ruling is that the only issue on appeal is the assessment of damages.
15 END QUOTE
http://ag.ca.gov/ethics/accessible/misuse.php

In the circumstances, where Optus was provided with sufficient further time, in view also of the
details stated in the 7-2-2017 email I provided to it, and it continued to fail to exercise the
20 opportunity to address any and/or all of the issues then I view the TIO has a undefended claim
case against Optus and is well within its right to make a decision adverse to Optus and also
provide exemplary damages against Optus.
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

25 MAY JUSTICE ALWAYS PREVAIL

(Our name is our motto!)

Page 20 10-5-2017 G. H. Schorel-Hlavka O.W.B.


INDEPENDENT2 Consultant (Constitutionalist)
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 making a reservation, by fax
0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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