1982 and 1984 ABC news reports of Frank Penhalluriack's attempt to trade on Sunday.
Francis Penhalluriack is an Australian businessman, entrepreneur and local political figure. He is most notable for opening his Caulfield, Victoria, hardware store outside of legislated trading hours in the 1980s. His actions eventually led to a dramatic change in retail trading laws in Victoria, Australia.
Penhalluriack initially studied at Hampton High School. After some of Hampton High School was destroyed by fire in 1957, he continued his studies at Melbourne High School. He subsequently graduated with a bachelor's degree in building from Melbourne University in 1962.
In the state of Victoria in the 1980s, the Local Government Act limited most retailers to trading during certain hours on Saturdays, and not at all on Sundays. Certain types of retailers were exempt from these restrictions, such as milk bars and service stations. Penhalluriack consistently ignored these laws, opening his hardware store outside of the legislated times. Melbourne talkback radio host and social commentator Derryn Hinch quipped at the time, "You can get a screw on Sunday but you can't get a screwdriver.", in reference to the fact that the Victorian government was legalising prostitution at the same time they were enforcing the weekend trading laws with particular attention to hardware stores.
Penhalluriack said retailing was a service industry, and his obligation was to provide that service when his customers’ demand was highest. "If it is a crime", he said, "it is a victimless crime with heinous penalties out of all proportion". The Australian Broadcasting Commission has put together some newscasts from that time.
Officers from the department of Labour and Industry repeatedly fined Penhalluriack for his breaches of the law, and the whole issue gained considerable local media attention. When he refused to pay he volunteered himself to spend time in jail, and was arrested by the Caulfield Police, who transferred him to the Glenferrie Road Malvern cell behind the Police Station. The next day he was transferred to Pentridge, where he was classified as a nuisance, and returned to his freedom. He was re-arrested at his shop the following Sunday, and spent a further 19 days incarceration.[1] in HM Prison Pentridge
This was bad publicity for the State Government, who changed the law to give priority to the seizure of goods. When Penhalluriack refused to pay further fines the courts compelled the police to auction his stock to raise funds to pay the fine; the auction was a farce, with grateful shoppers paying many times the market price for the goods auctioned.
The conflict continued, and a frustrated Magistrate refused Penhalluriack's request for an adjournment, and fined him $501,000 for his failure to close his business on 21 occasions. This was a political disaster for the government, and the DPP offered to lodge an appeal on his behalf – but not against the conviction, only against the quantum. Since Penhalluriack had no intention to pay any fine he rejected their offer. The DPP had one month to serve the appeal notice on him personally, so he went to ground, Penhalluriack has always been supportive of his staff. He calls them ‘a wonderfully loyal and hard-working bunch’, and they continued to open 7-days-a –week while he was in jail or in hiding.
With the DPP's appeal safely behind him, and the government incensed at his temerity, the summons came at a rate of two every Saturday, and two more every Sunday. After a few months he had enough to stick them inside his front shop window, spelling out "$500k".
After almost twelve months Penhalluriack lodged his own appeal. It was out of time, but accepted by the Industrial Court of Victoria, The President was the only person to hear such appeals, and on day three he was seen sharing a tea break with some of the Department's Inspectors – who were witnesses in the case. The President refused to step down, and subsequently became quite ill. After he recovered he recommenced the case, and immediately declared a conflict of interest over the "tea party". By this time the government had once again amended the law, this time to permit the Deputy presidents to hear the matter. The final ruling was in Penhalluriack's favour, and the fine was quashed.
His attempt to serve a subpoena on then premierJohn Cain at a public appearance led to a scuffle with a yelling crowd of about 30 Right to Life demonstrators.
He also served the Premier with a birthday cake, walking into a press conference with his friend and hardware storekeeper Bob Wolstenholme. The Premier was speechless. How many shopkeepers have ever achieved that? asked Bob to the media who had chosen to abandon the Premier in favour of interviewing the two rebels.
In response to public pressure, the government changed retail trading laws in Victoria, Australia to permit weekend trading. After the introduction of Sunday trading, Penhalluriack's media profile dropped dramatically. Penhalluriack has an ongoing involvement in his local community, including as a Director of the Caulfield Park Bendigo Bank.[2]
Penhalluriack continued to flout trading laws, opening his hardware store on Easter Sunday in 2005, under threat of a $10,000 fine.[3] Penhalluriack has been quoted as follows:[citation needed]
"To me, shopping hours and trading days have nothing to do with the Government; it is a free enterprise system. The days I want to open and the hours I want to open are between my customers and me."
"If you've got a burst pipe, what do you do – wait for 20 hours?"
Council
Penhalluriack was elected to his local council on 29 November 2008, representing the Camden Ward of the Glen Eira City Council.[4][5]
His policy was to improve the efficiency and business outlook of the Council, and to open up the Caulfield Racecourse Reserve to the public. The Reserve is 143 acres (65 Ha) of Crown Land set aside in the nineteenth century for "a racecourse public park and public recreation ground". Only 21 race-meetings are held each year, and it plays second fiddle to Flemington, Melbourne's premier racecourse.
Council supported Penhalluriack's lead in this matter, and voted for sporting grounds and improved access to the centre of the track, the removal of training and stables which house 600 horses, and the removal of all opaque fencing (Council minutes 22 February 2011). The result is a tiny, inaccessible playground, some BBQ's and a jogging track.
Most of Penhalluriack's ideas were stillborn or quickly thwarted. For example, against continual criticism from council officers, he sought to demonstrate that Council's mulch storage was a potential source of Legionnaires' disease, and that deaths had been caused by similar establishments. "I would be ashamed to put up for sale the rubbish that is in the Council's bin," he said, "where the material at the back has remained undisturbed for over twelve months. Its conditions are ideal for bacterial growth – a source of moisture, warmth and food."
As a result of this campaign, he was accused of furthering his own business because he sold mulch in his garden centre. Penhalluriack vigorously denied any conflict of interest, pointing out that the mulch he sold was a negligible percentage of his total sales (0.02%) and that his mulch was quite different, being packages and pasteurised and in compliance with the Australian Standard.
Having overcome any objections from his colleagues, Penhalluriack thought the matter was settled until the Ombudsman was asked to investigate. The Ombudsman's report found that Penhalluriack may have had a conflict of interest and recommended that these matters should be referred to a Councillor Conduct Panel and to VCAT by the Secretary of the Department of Planning and Community alleging misconduct and gross misconduct.[6] The tabling in Parliament of the Ombudsman's Report did considerable harm to Penhalluriack's reputation, and contributed to the loss of his seat at the 2012 council election.
On 28 March 2012 Ombudsman tabled his report in the Victorian Parliament.[7] In it the Ombudsman accused Penhalluriack of misconduct, bullying and conflict of interest. The conflict of interest was that he interfered with the council's free mulch program, while his hardware store sold mulch.[1][8] The report characterised the campaign as deliberate disruption using unsubstantiated health concerns, and noted Penhalluriack's lack of acknowledgement of "various conflicts of interest between his council role and his personal/business interests".[9]
The Ombudsman's recommendations included that the Victorian government consider additional mechanisms to assist councils dealing with "difficult councillors", including the creation of an Integrity Commissioner, which would be a significant development in governance in Victoria.[9]
Penhalluriack refused to attend an informal hearing into allegations that he bullied the CEO, describing the proceedings as a "kangaroo court".[10] Penhalluriack was referred to a Councillor Conduct Panel in November 2011. Penhalluriack made an application to have the matter referred to the Victorian Civil and Administration Tribunal (VCAT), where Penhalluriack would be entitled to hear evidence under oath, and cross-examine his accusers; the application was accepted and the issue was referred. The VCAT hearing was adjourned after three days due to a conflict of interest by one of the VCAT members, and subsequently lapsed when Penhalluriak was not re-elected.
Penhalluriack made various counter-claims against the council, including a workplace insurance claim and stress levels causing him cardiac problems.[8]
Related Research Articles
The City of Glen Eira is a local government area in Victoria, Australia. It is located in the south-eastern suburbs of Melbourne. It has an area of 39 square kilometres (15.06 sq mi) and has an estimated population of 153,858. It was formed in 1994 from the merger of the City of Caulfield and parts of the City of Moorabbin, and takes its name from two local landmarks—Glen Eira Road and Glen Eira Mansion.
Caulfield is a suburb of Melbourne, Victoria, Australia, 12 kilometres (7.5 mi) south-east of Melbourne's central business district. Its local government area is the City of Glen Eira.
Elsternwick is an inner suburb of Melbourne, Victoria, Australia, 9 km south-east of Melbourne's central business district. Its local government area is the City of Glen Eira. At the 2016 Census Elsternwick had a population of 10,349.
Glen Huntly is a suburb of Melbourne, Victoria, Australia, 11 km south-east of Melbourne's central business district, within the City of Glen Eira local government area. At the 2016 Census, Glen Huntly had a population of 5,040.
Munmohan Singh "Moe" Sihota is a Canadian former broadcaster and politician. He was the first person of Indian origin to be elected in Canada.
Daniel "Danny" Nalliah is a Sri Lankan Australian evangelical Christian pastor and young earth creationist. He was the leader of the now-dissolved Rise Up Australia political party and is the president of Catch the Fire Ministries. Nalliah defended against a lawsuit brought by the Islamic Council of Victoria under Victoria's Racial and Religious Tolerance Act. In this case, Judge Michael Higgins found in favour of the Islamic Council of Victoria, which took the action against Catch the Fire, but his decision was overturned by the Victorian Court of Appeal.
Caulfield South is a suburb in Melbourne, Victoria, Australia, 10 km south-east from Melbourne's central business district. Its local government area is the City of Glen Eira. At the 2016 Census, Caulfield South had a population of 11,854.
Caulfield North is a suburb in Melbourne, Victoria, Australia, 11 km south-east of Melbourne's central business district in the local government area is the City of Glen Eira. At the 2016 Census, Caulfield North had a population of 20,976.
The Hotel Windsor is a luxury hotel in Melbourne, Victoria, Australia. Opened in 1884, the Windsor is notable for being Melbourne's only surviving purpose-built "grand" Victorian era hotel.
The Victorian Civil and Administrative Tribunal (VCAT) was formed by the Victorian Civil and Administrative Tribunal Act 1998 in the state of Victoria, Australia. As part of the Victorian Justice system the Tribunal sits 'below' the Magistrates Court in the court hierarchy. However the Tribunal itself is not a court, and is a creature of statute without any inherent jurisdiction or powers. VCAT was primarily a forum for litigants-in-person and the participation of lawyers or other legal representatives is not encouraged in some List areas, substantially reducing the cost of litigation. However some of the List areas will by necessity require parties to have some form of representation.
The Racial and Religious Tolerance Act 2001 is an Act of the Parliament of Victoria, Australia, that makes behaviour that incites or encourages hatred, serious contempt, revulsion or severe ridicule against another person or group of people, because of their race or religion, unlawful in Victoria. The Act was passed during the premiership of Steve Bracks and went into effect on 1 January 2002.
Michael Rozenes is the former Chief Judge of the County Court of Victoria, an intermediate court in Victoria, Australia. He presided over the County Court for thirteen years, retiring in June 2015.
The City of Caulfield was a local government area about 10 kilometres (6 mi) southeast of Melbourne, the state capital of Victoria, Australia. The city covered an area of 21.97 square kilometres (8.48 sq mi), and existed from 1857 until 1994.
The Dandenong railway line triplication project was an initiative of the state government of Victoria, Australia, to add sections of a third railway line from Caulfield to Dandenong to expand the capacity of and relieve congestion on the Pakenham and Cranbourne railway lines, part of the Melbourne suburban rail network.
Glen Eira Town Hall, known originally as Caulfield Town Hall, is located in Caulfield, Victoria, Australia. The hall was finished in 1890 and is a designated historic building with the Heritage Council of Victoria.
Ombudsmen in Australia are independent agencies who assist when a dispute arises between individuals and industry bodies or government agencies. Government ombudsman services are free to the public, like many other ombudsman and dispute resolution services, and are a means of resolving disputes outside of the court systems. Australia has an ombudsman assigned for each state; as well as an ombudsman for the Commonwealth of Australia. As laws differ between states just one process, or policy, cannot be used across the Commonwealth. All government bodies are within the jurisdiction of the ombudsman.
Geoffrey Page Shaw is an Australian politician who represented Frankston in the Victorian Legislative Assembly from 2010 to 2014, initially as a member of the Parliamentary Liberal Party until 6 March 2013, and then subsequently as an independent politician. On 17 March 2014 Shaw resigned as a member of the Liberal Party in advance of moves to expel him as a member of the party.
Stephen Hibbert Newton AO is an Australian teacher, who served as Principal of Caulfield Grammar School (1993–2011) and Hamilton College (1986–1993) in Victoria.
In 1915, the federal government acquired a white mansion on Kooyong Road, Caulfield named Glen Eira. It had been built and served as the town house of the Riverina pastoralist Henry Ricketson and his family.
David Van is an Australian politician. He is a member of the Liberal Party of Australia and was sworn in to the Australian Senate on 1 July 2019, as a Senator for Victoria.
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
