131229-to ombudsman victoria complaint etc-re gwmwater - re 2305224 creditcollect 369335-suplement 1

7/27/2019 131229-To Ombudsman Victoria COMPLAINT Etc-Re GWMWater - Re 2305224 Creditcollect 369335-Suplement 1

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Page 1 29-12-2012 © G. H. Schorel-Hlavka O.W.B.INDEPENDENT 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 [email protected] See also www.schorel-hlavka.com

WITHOUT PREJUDICE

Energy and Water Ombudsman Victoria [email protected]

5Cc: Chairman Peter Vogel (And other members of the Board of Directors) GWMWater

[email protected] Ref: 2305224

Credit Collect [email protected] Ref 369335

10Ref; 131228-to Ombudsman Victoria COMPLAINT etc-Re GWMWater - Re 2305224 creditcollect 369335 –

Supplement 1

Sir,Further to my 28 December 20913 initial complaint(s) I desire to add the following.15

About 60 years ago I used to visit my (late) father at his work at the Rotterdamse Drink Water

Leiding (Rotterdams Drink Water Supply) and recall my father explaining to me how the

computers, off which he was in charge, were providing “norit”, and other items, to the water

(From the river the Maas) to make it suitable for human consumption. The only problem was

then that sporadic the sea water would get into the port and then water would taste a bit salty. As20

I recall my father explaining to me that due to the heavy shipping and water been consumed an

estimated 7 times already it was critical to get it right to have the water suitable for human

consumption and all traces of oil and poison had to be filtered out.

GWMWater may be praising itself to appointing new board members but in the end if this still

doesn’t result to proper drink water supply to customers then all the so claimed experiences will25 be worthless in that regard. If my (late) father could manage to so to say clean up water more

than 60 years ago, and then computers were in its infancy, and technology in many ways also,

then why on earth can GWMWater not manage to clean out the water to ensure it is suitable for

human consumption?

While GWMWater may claim (as it did in the past) that it has no records of my complaints of the30

past about the water quality issue, that in itself has no meaning to me as companies often will

resort to this kind of claim and they, not I, are responsible for keeping their records. And, in the

end they, and not I, are responsible to ensure that suitable water for “domestic” and/or

“household purposes” (and considering Donoghue v Stevenson [1932] UKHL 100 r egarding

DUTY OF CARE) is provided to every customer they serve regardless if they do or do not keep35

appropriate records of complaints.QUOTE

Untreated water supply not suitable for drinking or food preparation without further treatment END QUOTE

40In my view this is insufficient in explanation as an ordinary person may assume that the water

could be used for bathing baby, etc, and also perhaps one can boil it. This, whereas the

notification showing:

As I quoted in my 28-12-2013 correspondence:45QUOTE

mailto:[email protected]






http://www.bailii.org/uk/cases/UKHL/1932/100.html


















END QUOTE

QUOTE

5END QUOTE

Is an clear admission that GWMWater fails to comply with Victorian Government Standards.

None of it refers to not using the water for bath or showering, and in particular young children10

will easily get water into their mouths. Therefore, I view the warnings are insufficient.

Basically it is so to say like a “time bomb” waiting to explode like the ASBESTOS infamous

cover up and related health problems.

In my view there should be an extensive investigation (and with the greatest urgency without

undue delay as the harm from using this water and the denial to customers of suitable drink water15

continues) what, if any, health problems can be associated with the fact GWMWater supplied for

so long water not suitable for human consumption? For example, my daughter Gabrielle (who

grew up in Berriwillock – now married and mother of 4 children) suffers various health problems

and so are they related to the water supply by GWMWater? What short term as well as long term

health effects, if any, can result from the supply of this kind of “untreated water ” by20

GWMWater?

How long did GWMWater know that its water supply failed to comply with Victorian

Government standards, and what, if anything, did it do and undertake to ensure that the water

would be in compliance with Victorian Government standards? Did it immediately contact the

relevant Government Department to alert it of GWMWater failure to provide water to its25

customers in compliance with Victorian Government Standards, and if not why not? And if it did

what, if anything, was done by the relevant Government Department(s) to address this issue

appropriately?

Where GWMWater refers to “untreated water supply” then in my understanding it is just “grey30

water ” without any attempt to have it filtered or subjected to other processes to try to make it

suitable for human consumption or as the Water Act 1989 requires:

QUOTE Water Act 1989-Vic-89-80a099B

domest ic and stock use , in relation to water,35means use for — (a) household purposes; or

END QUOTE Water Act 1989-Vic-89-80a099B

Is it unlawful to supply “untreated water” through ordinary water supply lines?40








GWMWater didn’t explain for example what a customer may have to do, if anything at all was

reasonably possible, as to have the water become suitable for human consumption.

As the warning (on the pamphlet now shows that it is neither to be used for “food preparation”

then this I view means that boiling the water will neither make it suitable for human

consumption. Ordinary people would assume that boiling water does assist, as even in third5

world countries they are warned to boil water first to make it suitable for human consumption.

As such, what we have is water supplied in Victoria that is even of a lesser standard then that

available in so called third world countries.

Remember the movie about Er in Brockevich , well we may perhaps find that what I have been10

pursuing for some about 20 years about the lack of water quality supplied to Berriwillock (and

other area’s) may be in that kind of a league.

In my view, nothing less than a full and proper investigation must be held and to

investigate why GWMWater for so long ignored to comply with Victorian Government

standards. I view that those responsible should be charged and face the courts.15.

As the Framers of the Constitution made clear:Hansard 1-3-1898 Constitution Convention Debates QUOTE Sir JOHN DOWNER .-

I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond20the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say

that there shall be embedded in the Constitution the righteous principle that the Ministers of the

Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as

any private person would be. END QUOTE25

As the states are created within s106 of this constitution they are therefore subject to the same

legal principles embedded in the constitution.

We have that a person who may have parked in a parking zone, but not paid because the meter is

still running, can be fined for failing to pay for parking, and when not paying this fine end up30

even losing his driver license and can be arrested, etc, whereas GWMWater having presided for

so long over such as I view it scandalous conduct ignoring the rule of law then are so to say all

the way laughing to the bank for the huge pays they are receiving for a job well done in so to say

poisoning so many unsuspected people.

In my view, we must not, and never can, condone such kind of sheer ignorance to the rule of law.35

Clearly something needs to be done to prevent this kind of conduct to be continued or even

repeated by others. And considering Donoghue v Stevenson [1932] UKHL 100 r egarding DUTY

OF CARE there can be no excuse in my view for GWMWater having continued to supply water

it knew or ought to have known was failing to comply with Victorian Government standards.40

QUOTE Water Act 1989-Vic-89-80a099B

domest ic and stock use , in relation to water,means use for —

(a) household purposes; orEND QUOTE Water Act 1989-Vic-89-80a099B45

The issue is was it reasonable for GWMWater to know or could have known that water it

supplied to residential and/or any other property would be used for “domestic” and/or

“household purposes”, and I view that if only common sense would indicate that residential

properties would require the water supplied by GWMWater for “domestic” and/or “household 50

purposes”.

In my view, GWMWater should at its own cost provide suitable drink water for human

consumption for so long as the water it supplies through the water pipeline through its water

meters fails to be in compliance with Victorian Government standards.

















We hear all the time how we need to pay more for executives of all kind of companies as to be

able to attract the best people, well the asbestos and other incidents may underline that paying

more may not necessarily attract the most suitable person for the job. In my view GWMWater is

a clear example of this.5

In my view any debt collection of so called defaulting customers paying GWMWater bills should

be halted as where GWMWater itself fails to comply with Victorian Government standards then I

view not a single customer should be obligated to pay any water accounts. It is only when the

harsh reality is driven home to companies like GWMWater that if they ignore to comply withVictorian Government standards or other legal requirements then they shall suffer the financial10

and other legal consequences that then companies may be more eager to ensure they comply with

all requirements..

Start SAMPLE OF SIGNAGE REQUIRED at every property

WARNING15

Untreated water supply not suitable for drinking

or food preparation without further treatment

GWMWater warns that water supplied to this property dis untreated water and does not meet20

Victorian Government standards for drink water quality and is not intended and must not be used

under any circumstances for human consumption, this includes not to be used for drinking, food

preparation, ice making or other human consumption and neither to be used for bath and

showers.

End SAMPLE OF SIGNAGE REQUIREDD at every property25

This issue about the lack of water quality has been so to say been simmering for some about 20

years when I originally raised it, and only now the pamphlet was provided (parts quoted above)and as such like the asbestos saga it appears to me GWMWater was simply seeking to conceal in

the past the true extend of its failure to provide water according to the Victorian Government30

standards and in compliance with the Water Act 1989 and I view this cannot be excused.

Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL®

(Our name is our motto! )35

131229-to ombudsman victoria complaint etc-re gwmwater - re 2305224 creditcollect 369335-suplement 1

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