20250624-Mr G. H. Schorel-Hlavka O.W.B. To (Sarah) Official Secretary To The Governor-General
20250624-Mr G. H. Schorel-Hlavka O.W.B. To (Sarah) Official Secretary To The Governor-General
1
2
3 Official Secretary to the Governor-General 24-6-2025
4 Sarah
5 FOI & IPS Mailbox <[email protected]>
6
7 Cc: Commonwealth Attorney General [email protected]
8 URGENT
9
10 NOT RESTRICTED FOR PUBLICATION
11
12 20250624-Mr G. H. Schorel-Hlavka O.W.B. to (Sarah) Official Secretary to the Governor-General
13
14 Sir/Madam,
15 On Tuesday 24 June 2025 I understood that Mr Anthony Albanese made a statement
16 on the news of Channel 9 (Melbourne) about “My Government”. While I am aware that former
17 prime Ministers claimed this also our Commonwealth of Australia Constitution Act 1900 (UK)
18 as I understand it doesn’t provide any section to create an alternative Head of Government other
19 than the Governor-General, as shown below also!
20 While the Governor-General can commission a person as a “Minister” who then is to be a
21 “constitutional adviser” to the Governor-General (see below text) there is however no provision
22 to provide for an additional head of Government named “prime minister”.
23 Albeit the Framers of the Constitution did refer to the position of a “prime Minister” this was not
24 as a “Head of State” as the governor-General is representing the Monarch but rather as the ‘first
25 Minister’ of those Ministers in Government.
26 While the Governor-General did swear in Mr Anthony Albanese as prime Minister for ‘the
27 Office of the Prime Minister’ to my understanding this violates Section 2 of the constitution as
28 the Governor-General is limited to “but subject to this constitution” and therefore cannot
29 create some office that so to say clashes with the office of the Governor-General.
30 I understand that the Governor-General allegedly falsely claimed that the Brits invaded Australia
31 (then known as New Holland), etc, something I view undermined the credibility of any person
32 holding the Office of the Governor-General. Whatever the political motives may have been and
33 may still be any person who occupies the Office of the Governor-General must do so consistent
34 with the true meaning and application of the legal principles embedded in the Commonwealth of
35 Australia Constitution Act 1900 (UK). Failing this the person occupying the Office of the
36 Governor-General should immediately tender his/her resignation. For too long Ministers have
37 claimed “My government” when being commissioned as ‘prime minister’ and there has been
38 continuously failure by any Governor-General to stop this rot. It is well overdue to stop it now,
39 without undue delay! In my view it is a serious infraction into our constitutional system (of
40 other issues are also set out below) and citizens are entitled to have a competent Governor-
41 General who will take immediately robust action and clarify to the general community what is
42 really applicable, including to remove any Minister from his/her portfolio who
43 disgraced/disgrace the Office of the Governor-General, etc.
1
2 I hereby request you to provide me with the relevant details/information as to the purported
3 ‘OFFICE OF THE PRIME MINISTER’ in constitutional terms and what it contains as authority,
4 etc. This also as set out below also those claiming to be prime Minister are interfering with the
5 portfolios of Ministers who were commissioned for particular portfolios and as such undermine
6 the “RESPONSIBLE Minister” legal principle regarding any portfolio, etc.
7
8 FURTHER QUESTIONS
9
10 There are a legal principles (and below many quotations for the reader to try to grasp some of it)
11 as the Framers of the Constitution clear however more than likely few if anyone besides me may
12 grasp how they are applicable:
13
14 While the Framers of the Constitution stated that “under this Constitution plus English law” it
15 should be understood that English law only applies for so far it doesn’t conflict with the legal
16 principles embedded in the Commonwealth of Australia Constitution Act 1900 (UK) and this
17 include certain European Union legislation which were and/or are still applicable to the United
18 Kingdom, this as the UK accepted the European Union constitution!
19
20 The Commonwealth of Australia Constitution Act 1900 (UK) is a British Act and as such
21 considering the decision of Aggregate Industries UK Ltd., R (on the application of) v English
22 Nature and & Anor [2002] EWHC 908 (Admin) (24th April, 2002) and Judgments - Mark
23 (Respondent) v. Mark (Appellant), OPINIONS, OF THE LORDS OF APPEAL for judgment
24 IN THE CAUSE, SESSION 2005-06 [2005] UKHL 42 on appeal from: [2003] EWCA Civ 168
25 It appears that the The European Convention for the protection of Human Rights and
26 Fundamental Freedoms (“the ECHR”) albeit not overriding constitutional law, is
27 complimentary to British (constitution) law, as the Commonwealth of Australia Constitution
28 Act 1900 (UK) is.
29
30 The constitution itself is a “new Magna Charta” and below some further set out:
31
32 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
33 Australasian Convention)
34 QUOTE Mr. DEAKIN.-
35 What a charter of liberty is embraced within this Bill-of political liberty and religious
36 liberty-the liberty and the means to achieve all to which men in these days can reasonably
37 aspire. A charter of liberty is enshrined in this Constitution, which is also a
38 charter of peace-of peace, order, and good government for the
39 whole of the peoples whom it will embrace and unite.
40 END QUOTE
41 And
42 HANSARD 17-3-1898 Constitution Convention Debates
43 QUOTE
44 Mr. SYMON (South Australia).- We who are assembled in this Convention are about to
45 commit to the people of Australia a new charter of union and liberty; we are about to
46 commit this new Magna Charta for their acceptance and confirmation, and I can
47 conceive of nothing of greater magnitude in the whole history of the peoples of the
48 world than this question upon which we are about to invite the peoples of Australia to
49 vote. The Great Charter was wrung by the barons of England from a reluctant king. This
50 new charter is to be given by the people of Australia to themselves.
51 END QUOTE
52
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1
2 Hansard 1-3-1898 Constitution Convention Debates
3 QUOTE
4 Sir JOHN DOWNER.-We spend time enough in discussing things here, and when every
5 one is agreed that this clause is not to be adopted in the form in which it is printed, but is
6 only to be a power of the Parliament, it is not worth while to discuss the question of
7 whether it is [start page 1665] absolutely necessary to put in the words. Where there is a
8 wide difference of opinion, it would be safer to do it. I agree with Mr. Barton that there is
9 no power, because sub-section (37) of clause 52 reads-
10 Any matters necessary for or incidental to the carrying into execution of the foregoing
11 powers, or of any other powers vested by this Constitution in the Parliament or Executive
12 Government of the Commonwealth, or in any department or officer thereof.
13 I venture to say that these are not necessary or incidental to the execution of any powers.
14 The Commonwealth will come into existence under this Constitution plus English law,
15 one of whose principles is that the Queen can do no wrong. That is the foundation on
16 which the Constitution is established.
17 END QUOTE
18
19 And then:
20
21 Commonwealth of Australia Constitution Act 1900 (UK)
22 QUOTE
23 Chapter I—The Parliament
24 Part I—General
25 1 Legislative power
26 The legislative power of the Commonwealth shall be vested in a
27 Federal Parliament, which shall consist of the Queen, a Senate, and
28 a House of Representatives, and which is hereinafter called The
29 Parliament, or The Parliament of the Commonwealth.
30 2 Governor-General
31 A Governor-General appointed by the Queen shall be Her
32 Majesty’s representative in the Commonwealth, and shall have and
33 may exercise in the Commonwealth during the Queen’s pleasure,
34 but subject to this Constitution, such powers and functions of the
35 Queen as Her Majesty may be pleased to assign to him.
36 END QUOTE
37
38 As such, the Governor-General in general cannot be held legally accountable when acting on the
39 advice of the “constitutional adviser” being a Minister of the Crown, however, consider also
40 the following that the Governor-General cannot exercise prerogative powers in violation of the
41 constitution (See Section 2 “but subject to this constitution”:
42
43 Hansard 1-4-1891 Constitution Convention Debates
44 QUOTE Mr. MUNRO:
45 I do not see the necessity for considering the hon. member's proposal at the present time. I
46 am proud of being a citizen of the great British empire, and shall never fail to be
47 proud of that position. I have no desire to weaken a single link binding us to that empire,
48 whether as regards the appointment of a governor-general or anything else.
49 END QUOTE
50
51 Hansard 10-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
52 Australasian Convention)
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1 QUOTE
2 Mr. DEAKIN (Victoria).-I do not propose to detain the Convention with any reply,
3 except to point out that the contention of Mr. Barton in no respect applies to the matter
4 submitted to the Convention. I agree with him entirely in his constitutional construction of
5 the prerogative, and, indeed, went so far out of my way as to quote Todd to put it beyond
6 all doubt. But what are the facts? It took ten years' fight in Victoria to get the question
7 settled, and we have it on the testimony of Mr. Brunker that a struggle has been waged in
8 New South Wales. Todd furnishes an instance in which a Ministry lost its life in South
9 Africa in this struggle, after a prolonged political conflict. Under the circumstances, it
10 seems desirable there should be no ambiguity. We are not dealing with common law, but
11 with a statutory power, and desire to place these powers beyond all dispute. What I would
12 prefer is not the introduction of the words suggested, but such a definition of the term
13 "Governor-General" as would remove the ambiguity which it appears to me exists. The
14 leader of the Convention has told us that the words "Governor-General" or
15 "Governor-General in Council" have been used by the Drafting Committee
16 according as the prerogative has, or has not, been practically surrendered to
17 Parliament. That is not to be found on the face of the measure, and it is always in
18 these cases open to question whether in any particular instance the prerogative has or
19 has not been abandoned. These doubts might be set at rest if there were a definition
20 clause setting forth the sense in which the term "Governor-General" is used in the
21 Constitution.
22 Mr. BARTON.-The term "Governor-General in Council " when used means the
23 Governor-General in Council with the advice of the Executive.
24 Mr. DEAKIN.-And what does "Governor-General" mean?
25 Mr. BARTON.-That means the ordinary powers intrusted to the Governor-General
26 by the Queen.
27 Mr. DEAKIN.-And these are to be exercised by him only on the advice of his
28 Ministers?
29 Mr. OCONNOR.-When you only find the term "Governor-General," that means
30 the prerogative.
31 Mr. DEAKIN.-On that prerogative Governors have made claims, which have received
32 some recognition, to exercise more power than they claim when the term "Governor-
33 General in Council" is used. Under clause 70, any distinction which exists between
34 different exercises of prerogative powers by our Governors are to be preserved in the
35 Commonwealth, and govern the relations of the Governor-General to each particular [start
36 page 2258] state according to the differing practices which may have existed. The
37 difficulty I have mentioned might be settled by some general provision or definition. On
38 account of the strong feeling which exists in some of the colonies, I propose to press this
39 matter. I do not at all insist on the form of the amendment, but call the attention of the
40 Drafting Committee to the necessity of putting beyond all question the sense in which the
41 term "Governor-General" must be accepted. This prerogative power should be exercised,
42 as practically all other powers now are, on the advice of the Executive, or of one of its
43 members.
44 Mr. OCONNOR (New South Wales).-It appears to me, with all respect, that Mr.
45 Deakin has not quite appreciated the meaning of the section. We do not wish to put
46 the Governor-General here in the position of being any less the Queen's
47 representative than the Governors of the various colonies are at the present time.
48 What is the position of the Governor of each of the colonies at present? By virtue of
49 his office the Governor of each of the colonies is Commander-in Chief of the Forces.
50 The letters patent appointing the Governor constitute him Commander-in-Chief of
51 the Forces, and in England it is pointed out the Queen is Commander-in-Chief of the
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1 Forces. The only meaning of that is that the prerogative power of commanding the
2 army is vested in the Queen, or in the representative of the Queen.
3 Dr. COCKBURN.-Has the Queen of England ever claimed the right to settle a question
4 of discipline as a Governor has done here?
5 Mr. OCONNOR.-I will deal with that question later on. The Governor is
6 Commander-in-Chief of the Forces by virtue of his position. But the Governor cannot
7 move a step he cannot obtain possession of a rifle or a cartridge without the consent
8 of his Executive. It is a merely nominal appointment, and the power which he gets
9 nominally he cannot exercise without the means which are supplied by his Executive-
10 by the Governor with the advice of his Executive. That is recognised, not only in the
11 Governor's instructions, but in all the Acts dealing with the regulation of the
12 volunteer forces. For instance, in the very Act in New South Wales which Mr.
13 Brunker referred to, and under which a dispute occurred, the Governor is described
14 as Commander-in-Chief of the Forces as the Queen's representative.
15 Dr. COCKBURN.-Just as he is here.
16 Mr. OCONNOR.-The dispute occurred, not because of any difficulty in recognising that
17 position, but because, in carrying out some executive acts, a question arose in the
18 construction of the Act as to whether the Governor meant the Governor with the advice of
19 his Executive Council. It did not turn on this point at all. I hope I have therefore made it
20 clear that there is a recognition from beginning to end of the fact that the Governors are
21 nominally Commanders of the Forces. I would point out where I think Mr. Deakin has
22 made an error. The power of the Commander-in-Chief under this Constitution cannot be
23 exercised until an Act has been passed by the Commonwealth, because until that is done
24 the Commonwealth cannot engage a soldier, acquire a rifle, or a cartridge, or a uniform, or
25 anything whatever. The Governor is simply Commander-in-Chief, without an army,
26 without weapons. How are they to be obtained? By passing an Act of Parliament, and, in
27 passing that Act, no doubt the Parliament will take very good care that the measure makes
28 it perfectly clear that all the executive acts which are to be carried out with regard to the
29 forces are to be carried out by the Governor with the advice of his Executive Council. So
30 that Parliament will have the matter in its own hands. I think Mr. Deakin has jumped
31 before be came to the stile. It appears to me that no amendment which you can put in this
32 Constitution which simply recognises the position of [start page 2259] the Governor as
33 Commander-in-Chief, as the Queen's representative, will have any effect. If Mr. Deakin
34 wants to move an amendment, let him make it in the Act of Parliament which will
35 authorize the Commonwealth to raise an army, to arm it, and to give it all the material
36 forces of the Commonwealth without which it cannot act. In that Act the Commonwealth
37 would take care to provide that the Governor could not take a step without the advice of
38 the Executive Council.
39 Mr. ISAACS.-If it were contrary to the Constitution that provision would not be of
40 much avail.
41 Mr. OCONNOR.-I quite agree, with the honorable member, but it would not be contrary
42 to this Constitution.
43 Mr. ISAACS.-That is the whole question.
44 Mr. OCONNOR.-I think it is perfectly plain that it would not be contrary to the
45 Constitution, because in the Constitution the Governor-General is described, as all the
46 Governors in the different colonies are described, simply as Commander-in-Chief; and
47 taking power to raise, clothe, and equip an army by the act of the Governor with the advice
48 of the Executive Council, could not interfere with the position of a Governor as
49 Commander-in-Chief. As Mr. Douglas reminds me, in all the colonies the position of
50 Governor carries with it ex officio the position of Commander-in-Chief. Now, I am anxious
51 that this matter should remain as it is in the Bill, because I think it would be a reflection on
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1 this Convention if the words of the amendment were inserted in this clause, because it
2 would mean that we did not really appreciate the distinction between the position of
3 Commander-in-Chief and the position of head of the Executive who had afterwards to deal
4 with the material matters in regard to which the Commander-in-Chief could not take a
5 single step.
6 Mr. SYMON.-Why the Executive Council would have to ride out with the Governor-
7 General as his staff.
8 Mr. OCONNOR.-Of course, they would have to take all the risks of the position. If
9 the Governor-General is Commander-in-Chief, and he has to go out as actual head of
10 the army, I should hope that every member of the Executive would take the position
11 of danger when the hour of danger arrived. I ask honorable members who support
12 this amendment what danger they anticipate?
13 Dr. COCKBURN.-The danger that the Governor might seek to decide all questions of
14 discipline.
15 Mr. SYMON.-Refer them to the men.
16 Mr. OCONNOR.-You must have some one Commander-in-Chief, and, according to all
17 notions of military discipline that we are aware of, the Commander-in-Chief must have
18 control of questions of discipline, or remit them to properly-constituted military courts. Dr.
19 Cockburn has referred to the trial of breaches of military discipline. Well, I should think
20 that one of the most material parts of any Act constituting the forces of the Commonwealth
21 would be to provide for the mode in which these court-martial would be conducted and the
22 Parliament would have abundant power to decide how these matters were to be conducted,
23 and what the particular form of the court was to be. It comes back to the same position as
24 before. The Commander-in-Chief can take any actual step, whether in regard to
25 carrying on the business of war, or deciding questions of discipline. But he has no
26 machinery to act on until Parliament brings all this machinery into force, and the
27 Commonwealth Parliament can do what they like in deciding what powers are to be
28 exercised by the Governor-General with the advice of the Executive Council, and
29 what powers are to be exercised by the Governor-General himself. I hope that Mr.
30 Deakin will recognise that the movements of the army must be controlled by the
31 Executive. This is not a matter of that kind, but simply a provision that the Governor-
32 General of the Commonwealth shall have, ex officio, the [start page 2260] same rights, and
33 nothing more than the rights, that the Governors of all the colonies have in this regard. I
34 hope the clause will be allowed to remain as it is.
35 END QUOTE
36
37 What we have therefore is that the Governor-General can exercise prerogative powers granted by
38 the Monarch, and this obviously cannot include the Governor-General inviting the Monarch to
39 be the King of Australia, as the Commonwealth of Australia is a “political Union” and not a
40 country. Moreover, the Governor-General is subject to “but subject to this Constitution” which
41 means that the Governor-General cannot exercise any purported prerogative powers in violation
42 of the true meaning and application of the legal principles embedded as legal principles in the
43 Commonwealth of Australia Constitution Act 1900 (UK)
44
45 Obviously, when the “Governor-General in Council” acts on advice of the relevant Minister
46 and then may act wrongly then ultimately the Minister will be at fault
47
48 However, if the Governor-General acts as a Governor-General but in violation to the legal
49 principles embedded in the constitution then the Governor-General can be held personally
50 legally accountable!
51
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1 Again:
2 QUOTE
3 2 Governor-General
4 A Governor-General appointed by the Queen shall be Her Majesty’s representative in the
5 Commonwealth, and shall have and may exercise in the Commonwealth during the
6 Queen’s pleasure, but subject to this Constitution, such powers and functions of the
7 Queen as Her Majesty may be pleased to assign to him.
8 END QUOTE
9
10 When then UK Prime Minister Boris Johnson advised Her majesty to prorogue the
11 Parliament the Privy Council held that he had misled Her Majesty and as such the
12 Parliament had not been prorogued.
13 As such the then Prime Minister was at fault not Her Majesty!
14
15 Hansard 5-3-1891 Constitution convention Debates (Official Record of the Debates of the National Australasian
16 Convention)
17 QUOTE Mr. DEAKIN:
18 The people of Victoria are under many obligations to their distinguished Chief Justice and
19 especially for his judgment in this suit, in which he has displayed the acumen of the
20 lawyer, the eloquence of the orator, and the grasp of the statesman. Chief Justice
21 Higinbotham said:
22 It was the intention of the Legislative Council to provide a complete system of responsible
23 government in and for Victoria, and that intention was carried into full legislative effect
24 with the knowledge and approval and at the instance of the Imperial Government by the
25 "Constitution Statute," passed by the Imperial Parliament.
26 He was supported in his opinion by Mr. Justice Kerferd, who for some time was Attorney-
27 General of Victoria. Mr. Justice Kerferd said:
28 All the prerogatives necessary for the safety and protection of the people, the
29 administration of the law, and the conduct of public affairs in and for Victoria, under our
30 system of responsible government, have passed as an incident to the grant of self-
31 government (without which the grant itself would be of no effect) and may be exercised by
32 the representative of the Crown in the advice of responsible ministers.
33 These two quotations embody the belief which was held until lately in Victoria; the
34 majority of our own Supreme Court overruled this reading. Mr. Justice Williams said:
35 I have been for years in common with, I believe, very many others, under the delusion (as I
36 must term it) that we enjoyed in this colony responsible government in the proper sense of
37 the term. I awake to find, as far as my opinion goes, that we have merely an instalment of
38 responsible government.
39 Mr. Justice Holroyd considers that we have only a measure of self-government, and two
40 other judges concur. My colleague, Mr. Wrixon, who argued the case with great force and
41 ability before the Privy Council, says:
42 If the reading put by the Supreme Court in Victoria upon our Constitution Act be correct,
43 then not only in the colony of Victoria, but in all the groups of Australasian colonies, the
44 governments which we now enjoy are without warrant of law.
45 That is a strong statement, and the judgment of the majority of our Supreme Court justifies
46 me in asserting that this Convention cannot too soon face the issue involved in it. I take it
47 that the people of Australasia will not be satisfied with any "instalment" or any "measure"
48 of responsible government, or any limitations, except such as are necessary to the unity of
49 the empire. We claim, without shadow of doubt or vestige of qualification, all the powers
50 and privileges possessed by Englishmen. The governor-general, as representative of the
51 Queen in these federated colonies, should be clothed by statute with all the powers which
52 should belong to the representative of her Majesty; he should be above all risk of attack,
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1 because he should act only on the advice of responsible ministers, who should be
2 prepared either to obtain the sanction of Parliament for their acts or vacate office.
3 Parliament, in its turn, should be brought into intimate relation with the electorates. This is
4 true, popular government.
5 END QUOTE
6
7 Hansard 17-2-1898 Constitution Convention Debates
8 QUOTE Mr. FRASER
9 The Bill provides that half of the senators go to their constituents every three years, and
10 that the members of the other House shall be elected every three years, or probably at
11 shorter intervals.
12 END QUOTE
13
14 Hansard 15-2-1898 Constitution Convention Debates
15 QUOTE
16 Mr. HIGGINS.-According to one suggestion, you must go to the Parliament, [start page
17 984] but in most cases, if there is any question of policy involved, the consent of the
18 Governor-General in Council will be discussed in Parliament. It will be raised on motion in
19 Parliament, and it will be a matter for the parliamentary majority to support him or not.
20 Constitutionally, he will not give his consent unless he is in the majority.
21 Mr. REID.-What will be the position if the Governor-General in Council approves and
22 the Parliament disapproves?
23 Mr. HIGGINS.-I apprehend the effect will be that the Federal Parliament will be able to
24 pass a law which will over-ride this particular grant.
25 Mr. REID.-That is not the object of the amendment.
26 Mr. SYMON.-Would not the effect of your amendment be to make the Federal High
27 Court sit in judgment on an executive act of the Governor-General in Council?
28 Mr. HIGGINS.-With all respect, no. The Governor-General in Council, as the honorable
29 member knows as well as any one, has to obey the law as well as every one else.
30 Mr. SYMON.-But suppose the Governor-General in Council grants the bonus, and
31 suppose its operation derogates from freedom of trade, then the Federal High Court will sit
32 in judgment on an act of the Governor-General in Council which involves a question of
33 policy.
34 Mr. HIGGINS.-Does not the honorable member recognise that even the legislation of the
35 Federal Parliament is subject to the decision of the Federal High Court?
36 Mr. SYMON.-But not a question of executive administrative policy.
37 Mr. HIGGINS.-The Federal High Court goes still further than that. It has the function of
38 deciding whether the Acts of the Parliament are valid or not, and why should it not have
39 the function of deciding whether the acts of the Ministry are valid or not?
40 Mr. SYMON.-That was not the intention in determining the functions of the Federal
41 High Court.
42 Mr. HIGGINS.-Our British system is that every official under Her Majesty is amenable
43 to the law-that everybody is under the law.
44 Mr. SYMON.-But this is a question of Ministerial responsibility.
45 Mr. HIGGINS.-Of course it is; but supposing the Ministry were to consent to a bonus or
46 bounty which interfered with freedom of trade, then the Federal High Court could be asked
47 to interfere, and it therefore has the ultimate decision of the matter. If the court decided
48 against a bonus or bounty, I rather think that the money would have to be refunded.
49 Mr. SYMON.-Supposing the House of Representatives approves of the action of the
50 Ministry, and the Federal High Court dissents?
51 Mr. HIGGINS.-Well, as the Federal High Court has to determine, in case of dispute,
52 whether the Acts of the Parliament are wrong, so the court has to decide whether the acts
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1 of the Ministry are wrong. All this bringing in of the Federal High Court-I do not say in the
2 mind of the honorable member, but in the minds of several honorable members-is with a
3 view to make this particular proposal unpopular. I do not want to drag in the Federal High
4 Court.
5 Mr. SYMON.-But can you help it?
6 Mr. HIGGINS.-I say that, in 99 out of 100 cases, the Federal High Court, will not be
7 appealed to; but if you ask me what body is to have the ultimate determination of the
8 matter, I say the Federal High Court must be that body.
9 END QUOTE
10
11 Hansard 7-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
12 Convention)
13 QUOTE
14 Mr. HIGGINS.-Ought you not to have the same phrase in sub-section (2) as you have in
15 sub-section (3) of clause 45?
16 Mr. ISAACS.-Yes. That would get over the difficulty. If in sub-section (2) of clause 46
17 you put an express reference to a certain class of insolvency, that must exclude by
18 inference any other class of insolvency. There is another point, and this is also a very
19 serious one, to which the Premier of Victoria drew my attention before lunch. Sub-section
20 (3) of clause 46 provides that the seat of a senator or member of the House of
21 Representatives is to become vacant if he-
22 directly or indirectly accepts or receives any fee or honorarium for work done or service
23 rendered by him for and on behalf of the Commonwealth while sitting as such member.
24 No exception is made to meet the case of a Minister of the Crown. There is provision
25 made elsewhere in the Constitution for the payment of salary to Ministers for services
26 rendered to the Commonwealth, which might include his services as a senator. Clause
27 48A provides that-
28 Until the Parliament otherwise provides, each senator, and each member of the House of
29 Representatives, shall receive for his services an allowance of £400 a year, to be reckoned
30 from the day on which he takes his seat.
31 The allowance spoken of there might be regarded as an honorarium, or as a fee, but it is
32 an allowance for "services," which is the word used in sub-section (3) of clause 46.
33 END QUOTE
34
35 Hansard 31-3-1891 Constitution Convention Debates (Official Record of the Debates of the National
36 Australasian Convention)
37 QUOTE Sir SAMUEL GRIFFITH:
38 There are, of course, many formal matters relating to both houses, such as the election of
39 president and speaker, disqualifications, the issue of writs, elections, and so on, with which
40 I shall not on this occasion trouble the Convention. It is provided, then, that each member
41 of either house shall have an annual allowance for his services, which is proposed to be
42 fixed in the meantime at £500 a year. The ordinary disqualifications are inserted as to
43 members holding offices of profit, with the exception of ministers of the Crown, or
44 becoming public contractors and other similar provisions.
45 END QUOTE
46
47 While the quotation below refers to “salary”, being paid for “work” the legal principle is that an
48 “allowance” is not a salary.
49
50 Hansard 21-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
51 Australasian Convention)
52 QUOTE
1 Clause 43.-Until the Parliament otherwise provides, each member, whether of the States
2 Assembly or of the House of Representatives, shall receive an allowance for his services of
3 four hundred pounds a year, to be reckoned from the day on which he takes his seat.
4 Mr. GORDON: I move:
5 To strike out the word "four," in the third line, with the view of inserting " five."
6 The ground for the motion is that £400 a year is insufficient. While some local
7 Parliaments are paying their resident mem- [start page 1032] bers £300 a year, £400 is not
8 enough for a member who has to leave-as most members of the Federal Parliament
9 would have to do-his colony and practically abandon his business or his profession.
10 He would have to rely either upon his private means or his parliamentary salary, which, in
11 this case, would be inadequate. I think, if £400 a year is fixed, the choice for members of
12 the House of Representatives will be limited to those who can afford to leave their business
13 or profession, and to those who are prepared to depend entirely on the small parliamentary
14 salary. While members of both of these classes are exceedingly desirable members of any
15 Parliament, I think it would be a mistake to have the whole Parliament consisting of them,
16 which the payment of the salary proposed would probably lead to. I think £500 is little
17 enough; the £100 makes all the difference to the ordinary professional or business man.
18 Sir WILLIAM ZEAL: £400 is quite enough.
19 Sir EDWARD BRADDON: £100 too much.
20 Mr. GORDON: I think it is a question on which the sense of the Committee should be
21 taken, and, without further remark, I move the amendment.
22 Mr. HIGGINS: I think that, having regard to the fact that the Federal Parliament will
23 have much less to do than the ordinary local Parliaments after the first Parliament, £400 is
24 sufficient. I am as strongly in favor of payment of members, on the grounds alluded to by
25 Mr. Gordon, as any man, but I say that the work done in the States Parliaments takes far
26 more time than will the work in the Federal Parliament, after its first meeting. It is not
27 likely, indeed, that the Federal Parliament will sit more than two months in the year. I
28 should like to strike out "four," with a view to the insertion of "three." At the same time, as
29 £400 has been fixed as a compromise, I hope it will remain at that amount as the
30 maximum.
31 Sir WILLIAM ZEAL: I consider that £400 is ample payment for the services of
32 members. In addition to that they possess the privilege of a free railway pass. The
33 amount proposed to be paid-£400-is twice as much as the Dominion Parliament of Canada
34 pays its members. I trust hon. members will not support the amendment to increase the
35 amount to £500.
36 Mr. TRENWITH: I hope that Mr. Gordon's amendment will be carried. We have no
37 right to assume that the Federal Parliament will not have a good deal to do. All our
38 experience teaches us that, as civilisation advances, the requirements of the people
39 increase, and the tendency to ask Parliament to do things, that in the past have been done
40 by private enterprise, is increasing very rapidly. I feel confident that the Federal
41 Parliament, instead of having less to do as time goes on, will have a great deal more to do.
42 I think that it will be found to the advantage of the States to hand over work to the central
43 Government. Of course, I can understand the objection that any sum is too much, by
44 those who disapprove of the principle of payment of members. But the principle of
45 payment of members has been adopted throughout all the colonies. It was adopted after a
46 good deal of resistance on the part of those who disapprove of it, which showed the strong
47 growing public feeling in favor of paying members for the work they do, and of looking
48 upon the position of a member of Parliament not merely as a position of honor, but rather
49 regarding them as State servants who are paid for their work. We are paid not merely to
50 reimburse us for expenses incurred, and to pay members of the Federal Parliament £500 a
1 year would be little enough, considering that during a portion of the year they will have to
2 be great distances from their established homes.
3 Sir WILLIAM ZEAL: It will cost them nothing to travel.
4 Mr. TRENWITH: That is a very popular delusion.
5 [start page 1033]
6 Sir WILLIAM ZEAL: Let them keep out of Parliament.
7 Mr. TRENWITH: That is exactly the idea. I say let the people have the widest possible
8 area of selection for Parliament in order that all sections may be represented.
9 Sir WILLIAM ZEAL: To keep a lot of idle fellows doing nothing.
10 HON. MEMBERS: Oh, oh!
11 Mr. TRENWITH: I am anxious that members of Parliament should not be idle fellows.
12 In the non-payment days a great many members were idle fellows who looked upon a seat
13 in Parliament as an addition to their social position, who cared very little for its worth, and
14 in some instances who paid themselves very handsomely by the opportunities they had.
15 Sir WILLIAM ZEAL: You cannot say that with truth. That is a most scandalous
16 assertion!
17 Mr. TRENWITH: It is the truth.
18 Sir WILLIAM ZEAL: Quite scandalous. You have no right to make such a statement.
19 Mr. TRENWITH: I do not want to initiate a discussion of this sort, but when Sir
20 William Zeal talks about idle fellows, he brings upon himself, naturally and properly, the
21 rejoinder I have made.
22 Sir EDWARD BRADDON: A most unjust rejoinder.
23 Mr. TRENWITH: In some of the colonies the best lands and water-frontages-the very
24 eyes of the colonies, in fact-were mopped up by members of Parliament during the regime
25 of non-payment of members.
26 Sir WILLIAM ZEAL: How many of them?
27 Mr. TRENWITH: As I said before I do not want to initiate a discussion of this sort.
28 Mr. WALKER: What you say may be the case in Victoria, you know.
29 Sir WILLIAM ZEAL: It is a gross exaggeration.
30 Mr. TRENWITH: I am not speaking merely of Victoria. I lived during the early part of
31 my life in a nice little colony which suffered in the same way.
32 Mr. WALKER: Do you mean Van Diemen's Land?
33 Mr. TRENWITH: I mean Tasmania. I was pointing out that the instincts of our people
34 tend towards payment of members of Parliament for their work. My hon. friend, Sir
35 William Zeal, interjected that we have free railway passes. I would remark that any
36 person who knows anything about travel must recognise that it carries with it a large
37 amount of expense. Those who are here, away from their homes, know that if they
38 were getting £400 a year for this work, they would be losing money, and they would
39 not even be reimbursed for the expenditure incurred. Those who urge that the amount
40 should be left as proposed in the Bill, are not in favor of payment of members, but are
41 simply favorable to reimbursing members for the disbursements they make in connection
42 with the performance of their duties.
43 Mr. HIGGINS: I was always in favor of payment of members.
44 Mr. TRENWITH: I feel confident that my hon. friend Mr. Higgins could not have
45 looked thoroughly at the question or he would not have spoken as he did.
46 Sir WILLIAM ZEAL: He is losing now ten times as much as he will ever get for
47 being here, but he is bearing it cheerfully.
48 Mr. TRENWITH: There are some who could not afford to lose anything at all.
49 Parliament is to be composed, as it ought to be, of representatives of all sections of the
50 community. There must be in Parliament some who cannot afford to lose anything at all,
51 and who must be paid for their services, and if those services are worth having, there ought
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Page 12
1 to be adequate remuneration for them. I sincerely hope that the higher figure will be [start
2 page 1034] adopted, not because I believe in extravagance, but because I believe that any
3 lesser sum will not pay members of Parliament for their work.
4 Question-That the word "four," proposed to be struck out, stand part of the question-put.
5 The Committee divided.
6 Ayes, 26; Noes, 9. Majority, 17.
7 END QUOTE
8
9 Hansard 1-4-1891 Constitution Convention Debates (Official Record of the Debates of the National Australasian
10 Convention)
11 QUOTE
12 Clause 3. The annual salary of the governor-general shall be fixed by the Parliament from
13 time to time, but shall not be less than ten thousand pounds, and the same shall be
14 payable to the Queen out of the consolidated revenue fund of the commonwealth. The
15 salary of a governor-general shall not be diminished during his continuance in office.
16 Mr. BARTON: I propose to omit the words "the same" as being quite unnecessary. The
17 alteration will, I think, improve the bill.
18 Sir HARRY ATKINSON: I should like to see all the words after "from time to time"
19 omitted, for I do not see why we should fix the amount at £10,000. I therefore move:
20 That the words "but shall not be less than ten thousand pounds" be omitted.
21 Mr. GILLIES: I should like to know from the hon. member the object of omitting the
22 words. Is it that there shall be no salary at all?
23 Sir HARRY ATKINSON: No; it is that the federal parliament shall be left perfectly
24 free to deal with the question of salary itself.
25 An HON. MEMBER: I suppose the hon. member would do the same with the
26 ministers?
27 Sir HARRY ATKINSON: I should do exactly the same with the ministers!
28 Mr. MUNRO: I feel that the hon. member, Sir Harry Atkinson, cannot have considered
29 what he proposes to do. The governor-general must be appointed before the parliament is
30 called into existence, and does the hon. member think that any one will take the office
31 without some assurance that he will get a salary of some sort? Surely the governor-general
32 ought to know Something about the office be is to fill and the emolument attached to, the
33 position! If the amendment be made the result will be that the appointment will be made
34 without any assurance as to the emolument which the holder is to receive. The hon.
35 member says he will make a similar proposal with regard to the ministers of the Crown. I
36 venture to say that the two proposals are really unwise, and that we ought now to attach
37 some decent salary to the office giving power to the parliament to vary it, but not to reduce
38 it during the term of office of the gentleman appointed afterwards. My conviction is that a
39 salary of £10,000 is altogether inadequate for the office. My feeling is that the gentleman
40 to be appointed ought [start page 579] to be equal to the gentleman appointed as governor-
41 general of India. He ought to be a gentleman capable of being a cabinet minister in
42 England, and for that purpose the salary ought to be very much larger than what is
43 proposed. I do not think it is to the advantage of the colonies to hawk this position
44 about in such a way that no man of good standing or position will take it. When the
45 Constitution of Victoria was agreed to many years ago, I think the population of the
46 colony was about only 250,000, and yet they fixed the governor's salary at £10,000,
47 with an allowance of £5,000, making it £15,000 in all. Since then it has been reduced
48 to £10,000 a year, but a house is provided furnished, so that practically the
49 emolument comes to £15,000 a year now. Now, this Convention, representing the whole
50 of Australia, is going to give the governor-general a salary equal to what is given to the
51 Governor of Victoria at the present time.
52 Mr. CLARK: You will reduce yours!
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Page 13
1 Mr. MUNRO: No, we do not intend to reduce ours. We think the Governor of Victoria
2 is entitled to the salary, and perhaps more, if we could afford it. At any rate, I think that
3 instead of striking out these words, and making the amount indefinite-in fact, making no
4 provision at all-the words ought to be struck out with the view of increasing the amount
5 very considerably.
6 Sir SAMUEL GRIFFITH: Another reason why the words should not be struck out is
7 not only the importance of the first governor-general knowing how much be is to get-a
8 very important consideration in choosing him-but that the federal parliament might simply
9 by reducing the salary cut the connection with Great Britain altogether. Supposing that it
10 were to reduce the salary to £100 or £1,000 a year! That is the reason why in all the
11 constitution acts there has been the reservation of a fixed sum, which is made payable to
12 her Majesty, so that she has always money to pay her governor-general, and therefore
13 can always secure the appointment in the country of her representative with an
14 adequate salary. I agree with the hon. member, Mr. Munro, that the salary is too small,
15 having regard to the salary given to the Governor of Victoria.
16 Sir JOHN BRAY: I think it is desirable to fix the salary of the first governor-general.
17 The clause says that the salary shall not be less than £10,000. It is very possible, I think,
18 that that expression may lead to very serious misunderstanding. It is an intimation to the
19 governor-general that he shall get £10,000 a year, and probably a good deal more than that.
20 He ought to know when appointed what his salary is to be, and I think, therefore, that the
21 salary of the first governor-general should be fixed in the bill. The words "but shall not be
22 less than" should therefore be omitted.
23 Sir SAMUEL GRIFFITH: That would enable the federal parliament to reduce the
24 salary to £1,000!
25 Sir JOHN BRAY: No, because the clause provides that the salary shall not be
26 diminished during the governor's continuance in office. But I am astonished to hear it
27 suggested that the federal parliament would be so supremely ridiculous as to fix a
28 nominal salary for a governor-general. It is to my mind utterly out of the question to
29 imagine that such would be the case. If we leave the clause as it stands we say to the
30 federal parliament, "We cannot trust you to fix the salary; we will fix it at not less than
31 £10,000, whatever the circumstances of the federal government may be." Surely if we give
32 the federal government the powers which it is proposed to give them we can trust them to
33 see that proper provision is made for the salary of the governor-general. I think we should
34 fix the salary, of the first [start page 580] governor-general at £10,000, leaving it to the
35 federal government to fix the salary subsequently.
36 Sir SAMUEL GRIFFITH: The hon. member, Sir John Bray, surely could not have
37 heard my argument. Does he suggest that the framers of the constitutions of the various
38 colonies did not understand their business? This reservation in regard to the salary of
39 governors is made in the whole of the acts.
40 Sir JOHN BRAY: But there is power to alter the act!
41 Mr. GILLIES: Only by a certain majority!
42 Sir SAMUEL GRIFFITH: The salary cannot be diminished unless by an
43 amendment of the act, and that is the object of the reservation. The idea is to secure
44 the means of providing a representative of the Queen in the colony with an adequate
45 salary. I will put this illustration. If you give to the federal parliament absolute power
46 to reduce the salary, some persons may be constantly endeavouring to earn a little
47 cheap popularity by proposing reductions. You will have continual agitations for the
48 reduction of the salary to £8,000, or £6,000 or less. It would, perhaps, be regarded as
49 a very popular move on the part of some persons.
50 END QUOTE
51
52 Hansard 7-3-1898 Constitution Convention Debates
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Page 14
1 QUOTE
2 [The Chairman left the chair at eight minutes to one o'clock p.m. The committee resumed
3 at ten minutes past two o'clock p.m.]
4 Clause 45. Any person who-
5 IV. Holds any office of profit under the Crown, or any pension payable during the
6 pleasure of the Crown out of any of the revenues of the Commonwealth; but this sub-
7 section does not apply to the office of any of the Queen's Ministers of State for the
8 Commonwealth or to the receipt of pay, half-pay, or a pension by any person as an officer
9 or member of the Queen's navy or army, or to the receipt of pay as an officer or member of
10 the naval or military forces of the Commonwealth by any person whose services are not
11 wholly employed by the Commonwealth
12 END QUOTE
13
14 Hansard 13-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
15 Australasian Convention)
16 QUOTE Mr. DOBSON:
17 The Governor-General will call to his Council six or seven gentlemen whom he thinks
18 capable of being the first Ministers in the Commonwealth.
19 END QUOTE
20 Hansard2-3-1898 Constitution Convention Debates;
21 QUOTE Dr. QUICK.-
22 The Constitution empowers the Federal Parliament to deal with certain external affairs,
23 among which would probably be the right to negotiate for commercial treaties with foreign
24 countries, in the same way as Canada has negotiated for such treaties. These treaties could
25 only confer rights and privileges upon the citizens of the Commonwealth, because the
26 Federal Government, in the exercise of its power, [start page 1753] could only act for
27 and on behalf of its citizens.
28 END QUOTE
29 .
30 Hansard 6-3-1891 Constitution Convention Debates
31 QUOTE Mr. THYNNE:
32 I shall quote from Mr. Dicey's recent work, which is very clear in its language. He says:
33 One of the characteristics of a federation is that the law of the constitution must be
34 either legally immutable or else capable of being changed only by some authority
35 above and beyond the ordinary legislative bodies, whether federal or state
36 legislatures, existing under the constitution.
37 END QUOTE
38
39 Hansard 6-3-1891 Constitution Convention Debates
40 QUOTE Mr. THYNNE:
41 The constitution of this federation will not be charged with the duty of resisting
42 privileged classes, for the whole power will be vested in the people themselves. They
43 are the complete legislative power of the whole of these colonies, and they shall be so.
44 From [start page 106] them will rise, first of all, the federal constitution which we are
45 proposing to establish, and in the next place will come the legislative powers of the several
46 colonies. The people will be the authority above and beyond the separate legislatures,
47 and the royal prerogative exercised, in their interest and for their benefit, by the advice of
48 their ministers will be practically vested in them. They will exercise the sovereignty of
49 the states, they will be charged with the full power and dignity of the state, and it is from
50 them that we must seek the giving to each of those bodies that will be in existence
51 concurrently the necessary powers for their proper management and existence. Each
52 assembly, each legislature, whether state or federal existing under this constitution,
53 will be as Dicey again says-a merely subordinate law-making body whose laws will be
1 valid, whilst within the authority conferred upon it by the constitution, but invalid
2 and unconstitutional if they go beyond the limits of such authority.
3 END QUOTE
4
5 HANSARD 6-3-1891 Constitution Convention Debates (Official Record of the Debates of the National
6 Australasian Convention)
7 QUOTE
8 Sir SAMUEL GRIFFITH: At all events, I would ask hon. members to pause before they
9 determine upon asking the Queen to surrender all her prerogatives in Australia. For my
10 part, I believe that all the prerogatives of the Crown exist in the governor-general as
11 far as they relate to Australia. I never entertained any doubt upon the subject at all-that
12 is so far as they can be exercised in the commonwealth.
13 END QUOTE
14 Hansard 6-4-1897 Constitution convention Debates (Official Record of the Debates of the National
15 Australasian Convention)
16 QUOTE Mr. DEAKIN:
17 In the first instance, the power of the Crown itself is nowhere defined, and cannot be
18 defined under this constitution.
19 END QUOTE
20
21 Hansard 6-4-1897 Constitution convention Debates (Official Record of the Debates of the National
22 Australasian Convention)
23 QUOTE
24 Sir SAMUEL GRIFFITH: I am trying to get at the ideas which are underlying the
25 argument of hon. gentlemen. I confess I have not got at them yet. The hon. member, Mr.
26 Deakin, talks about the powers exercised by the ministers of the Crown in Great Britain.
27 They do not differ in any respect from the powers exercised by ministers of the Crown in
28 any other country.
29 Dr. COCKBURN: They are much superior to the powers of ministers here!
30 Sir SAMUEL GRIFFITH': Not in the east.
31 Mr. DEAKIN: The powers of our ministers are limited, and theirs are unlimited!
32 END QUOTE
33
34 Again:
35 Mr. DEAKIN: The powers of our ministers are limited, and theirs are unlimited!
36
37 As such, while former Prime Minister Tony Blair claimed to have the powers to authorise an
38 armed invasion into Afghanistan and/or Iraq, it should be understood that the UK has no formal
39 written constitution and by this relies upon all kinds of judgments, legislation, etc. Even if the
40 UK prime Minister had such powers, this I do not seek to concede, it cannot mean that then an
41 Australian Prime Minister somehow can act the same, as we have a written constitution!
42 However, as the Commonwealth of Australia Constitution Act 1900 (UK) is a British
43 legislation then the British unwritten constitution nevertheless includes our constitution and
44 reflects that only the Monarch can DECLARE WAR or PEACE!
45
46 HANSARD 10-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
47 Australasian Convention)
48 QUOTE Mr. BARTON (New South Wales).-
49 Then, again, there is the prerogative right to declare war and peace, an adjunct of
50 which it is that the Queen herself, or her representative, where Her Majesty is not
51 present, holds that prerogative. No one would ever dream of saying that the Queen
52 would declare war or peace without the advice of a responsible Minister.
53 END QUOTE
54
1 HANSARD 6-3-1891 Constitution Convention Debates (Official Record of the Debates of the National
2 Australasian Convention)
3 QUOTE
4 Mr. DEAKIN: We can make an exception in favour of imperial interests. We have no
5 desire to interfere with the imperial prerogative in matters of war and peace!
6 END QUOTE
7 .
8 HANSARD 6-3-1891 Constitution Convention Debates (Official Record of the Debates of the National
9 Australasian Convention)
10 QUOTE
11 Sir SAMUEL GRIFFITH: At all events, I would ask hon. members to pause before they
12 determine upon asking the Queen to surrender all her prerogatives in Australia. For my
13 part, I believe that all the prerogatives of the Crown exist in the governor-general as
14 far as they relate to Australia. I never entertained any doubt upon the subject at all-that
15 is so far as they can be exercised in the commonwealth.
16 END QUOTE
17
18 As I submitted to the Court on 19 July 2006 (representing myself) regarding both successful
19 appeals:
20 END QUOTE County Court of Victoria, Case numbers T01567737 & Q10897630
21
22 This is a criminal case instituted by the
23 Commonwealth Director of Public Prosecutions
24 and as such by this has implied given the authority
25 to the Courts to deal with the validity of the
26 purported elections.
27
28 With the 2004 purported Federal election the added issue is also that no one in his right
29 mind can demand or otherwise force me to vote for what I consider a war criminal, being
30 Mr John Howard, likewise so for any of his political allies.
31 The position of “Prime Minister” does not exist in the written Constitution. However, as a
32 “constitutionalist” I am well aware that the framers of the Constitution intended there be a
33 Prime Minister, albeit with limited powers. As they made clear the power to declare War
34 or Peace rest with the Monarch and so by the Governor-General and this was only to be
35 acted upon by a Declaration of War if it involved going to war. Hence, the armed invasion
36 into Afghanistan and Iraq was unconstitutional as no DECLARATION OF WAR was
37 ever publicised in the Gazette. As a matter of fact, I understand it was TREACHERY
38 within section 24AA of the Crimes Act (Cth) for the Prime minister and others to authorise
39 a war against “friendly” nations, as they were in view they had not actually attacked us
40 and neither had the governor-General issued a Declaration of War to placed them to be
41 enemies.
42 END QUOTE County Court of Victoria, Case numbers T01567737 & Q10897630
43
44 QUOTE County Court of Victoria, Case numbers T01567737 & Q10897630
45 Mr. CARRUTHERS:
46
47 Mr. Barton first of all recites Dicey to show what occurs under the unwritten
48 Constitution of England. But here we are framing a written Constitution. When
49 once that Constitution is framed we cannot get behind it.
50 And
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Page 17
1 Mr. CARRUTHERS:
2 This is a Constitution which the unlettered people of the community ought to be
3 able to understand.
4
5 Essentially what Mr Carruthers was making clear is that one cannot go behind the written
6 Constitution as to seek to imply some powers that are not provided for in the written
7 Constitution.
8 One can use as aid the unwritten constitution, as recorded in the Hansard of the
9 Constitution Convention Debates as to the intentions of the framers, to explain the written
10 Constitution, but one cannot assume some power, such as INDEPENDENCE where none
11 existed in the first place.
12
13 Again;
14 Mr. CARRUTHERS:
15 This is a Constitution which the unlettered people of the community ought to be
16 able to understand.
17
18 Therefore, where the Constitution provided for the line of successors of the British
19 Monarchy then whatever the High Court of Australia seeks to make out of in Sue v Hill it
20 cannot for one of iota affect how constitutional provisions apply as there was no
21 constitutional powers for the Commonwealth of Australia to become INDEPENDENT.
22 It was my understanding that I would become a naturalized British national and was
23 entitled upon this in view that the British Parliament had provided for this in subsection
24 51(xix)!
25
26 Likewise, it is my understanding that a Prime Minister has no prerogative powers to
27 declare war or to authorise the invasion of another nation as only the Minister of Defence
28 can authorise this upon having had a DECLARATION OF WAR published by the
29 Governor-General in the gazette or in the alternative if the Commonwealth of Australia
30 was under direct attack by an enemy, which in itself would be an act of war.
31
32 No one therefore can demand that I vote in some purported election and by this
33 warmongering politicians may claim that they have had support for their conduct, even so
34 people may have voted out of fear of the tyranny being forced to do so rather then that they
35 desired to do so.
36
37 I have a right to drive a motor vehicle including a truck or bus, but no one could force me
38 to drive a motor vehicle merely because I happened to be licensed to do so. Likewise, no
39 one can force me to exercise a right, where I view no one is worthy my vote.
40 END QUOTE County Court of Victoria, Case numbers T01567737 & Q10897630
41
42 END QUOTE County Court of Victoria, Case numbers T01567737 & Q10897630
43 As already earlier stated above;
44 Mr. BARTON.-
45 If we are going to give the Federal Parliament power to legislate as it pleases with
46 regard to Commonwealth citizenship, not having defined it, we may be enabling the
47 Parliament to pass legislation that would really defeat all the principles inserted
48 elsewhere in the Constitution, and, in fact, to play ducks and drakes with it.
49 And
50 Mr. BARTON.-Yes; and here we have a totally different position, because the
51 actual right which a person has as a British subject-the right of personal liberty and
52 protection under the laws-is secured by being a citizen of the states. It must be
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1 recollected that the ordinary rights of liberty and protection by the laws are not
2 among the subjects confided to the Commonwealth. The administration of [start page
3 1766] the laws regarding property and personal liberty is still left with the states.
4
5 Without a DECLARATION OF WAR and without any actual attack upon the Commonwealth
6 of Australia there is no constitutional conception of there being any WAR.
7 END QUOTE County Court of Victoria, Case numbers T01567737 & Q10897630
8
9 Where the judges of the High Court of Australia purportedly claimed that Australians have as a
10 nationality “Australian citizenship” and one cannot have “DUAL CITIZENSHIP” to be able
11 to be a Member of Parliament then on that basis the judges themselves dealing with Sue v Hill
12 being allegedly “subjects of the Queen” may not have held a legitimate judicial position. This
13 also considering the following:
14
15 Hansard 2-3-1898 Constitution Convention Debates
16 QUOTE
17 Mr. SYMON.-Very likely not. What I want to know is, if there is anybody who will
18 come under the operation of the law, so as to be a citizen of the Commonwealth, who
19 would not also be entitled to be a citizen of the state? There ought to be no opportunity for
20 such discrimination as would allow a section of a state to remain outside the pale of the
21 Commonwealth, except with regard to legislation as to aliens. Dual citizenship exists, but it
22 is not dual citizenship of persons, it is dual citizenship in each person. There may be two
23 men-Jones and Smith-in one state, both of whom are citizens of the state, but one only
24 is a citizen of the Commonwealth. That would not be the dual citizenship meant.
25 What is meant is a dual citizenship in Mr. Trenwith and myself. That is to say, I am a
26 citizen of the state and I am also a citizen of the Commonwealth; that is the dual
27 citizenship. That does not affect the operation of this clause at all. But if we introduce this
28 clause, it is open to the whole of the powerful criticism of Mr. O'Connor and those who say
29 that it is putting on the face of the Constitution an unnecessary provision, and one which
30 we do not expect will be exercised adversely or improperly, and, therefore, it is much
31 better to be left out. Let us, in dealing with this question, be as careful as we possibly, can
32 that we do not qualify the citizenship of this Commonwealth in any way or exclude
33 anybody [start page 1764] from it, and let us do that with precision and clearness. As a
34 citizen of a state I claim the right to be a citizen of the Commonwealth. I do not want
35 to place in the hands of the Commonwealth Parliament, however much I may be
36 prepared to trust it, the right of depriving me of citizenship. I put this only as an
37 argument, because no one would anticipate such a thing, but the Commonwealth
38 Parliament might say that nobody possessed of less than £1,000 a year should be a citizen
39 of the Federation. You are putting that power in the hands of Parliament.
40 Mr. HIGGINS.-Why not?
41 Mr. SYMON.-I would not put such a power in the hands of any Parliament. We must
42 rest this Constitution on a foundation that we understand, and we mean that every
43 citizen of a state shall be a citizen of the Commonwealth, and that the Commonwealth
44 shall have no right to withdraw, qualify, or restrict those rights of citizenship, except
45 with regard to one particular set of people who are subject to disabilities, as aliens, and so
46 on.
47 END QUOTE
48 .
49 QUOTE Thomas Jefferson:
50 "The germ of destruction of our nation is in the power of the judiciary, an
51 irresponsible body - working like gravity by night and by day, gaining a little today
52 and a little tomorrow, and advancing its noiseless step like a thief over the field of
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1 jurisdiction, until all shall render powerless the checks of one branch over the other
2 and will become as venal and oppressive as the government from which we
3 separated.".
4 END QUOTE
5 .
6 Meaning that if a Governor-General is NOT one holding the nationality “Subject of the
7 Crown” then I view this person cannot be legitimately be a Governor-General either!
8
9 There is also the problems that Ministers who are involved in special payments outside their
10 position as being a Minister may by Subsections 44 and 45 be automatically disqualified holding
11 a seat in the parliament. Meaning that the commission by a Governor-General by the provisions
12 of Section 64 came to an end at the conclusion of 3-months without being elected and sworn in.
13 This is also why John Howard and others in the defective 2001 federal election lost their seats
14 and in fact when standing for re-election and using taxpayers monies of Consolidated Revenue
15 Funds to pay cost relating to any political election campaign were then AUTOMATICALLY
16 prohibited by Section 44 to be and/or remain to be a candidate in a federal political election. As
17 such their positions I view were to impersonate to be a federal official and deceptively received
18 monies in that regard.
19
20 But there is more to this!
21
22 The Governor-General must uphold the true meaning and application of the legal principles
23 embedded in the Commonwealth of Australia Constitution Act 1900 (UK) and in my view
24 should have removed the commission of any Minister who violated constitutional [provisions,
25 such as to go to war against a “friendly” nation and in the process becomes involved in mass
26 murder, crimes against humanity, etc. When the Governor-General despite being commissioned
27 “but subject to this Constitution” fails to take appropriate action against a wrongdoer then I
28 view the Governor-General places his/her own credibility in question and can no longer be and
29 remain to be Governor-General as the person fails to act as a “model citizen”!
30
31 With the sacking of the Geoff Whitlam and others in government I view Sir John Kerr was rather
32 the one miserably failing as a Governor-General as has many others since him. When one
33 consider the legal principles embedded in the constitution then it must be clear that
34 Appropriation/Tax Bills may need about 6 months period such as from the day they are
35 introduced into the parliament and if rejected in the Senate have to wait 3-months before being
36 reintroduced and then if again rejected a DOUBLE DISSOLUTION being called and after the
37 return of the writs then the Bills may be presented to the newly Members elected Parliament
38 members and so before the 1st July the new financial year is commenced. And as the Framers of
39 the Constitution made very clear:
40
41 Hansard 12-4-1897 Constitution Convention Debates
42 QUOTE
43 Mr. GLYNN Does that put a maximum on military expenditure?
44 Mr. PEACOCK: A maximum on all expenditure!
45 Mr. BARTON: It seems to me to put a maximum on all expenditure, because the whole
46 of the expenditure cannot exceed the total yearly expenditure in the performance of the
47 services and powers given by the Constitution, and any powers subsequently transferred
48 from the States to the Commonwealth.
49 Mr. SYMON: Does that prevent any increase in case of war?
50 Mr. BARTON: Yes.
51 END QUOTE
52 Again:
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1 END QUOTE
2 And
3 QUOTE
4 73 Appellate jurisdiction of High Court
5 The High Court shall have jurisdiction, with such exceptions and subject to such
6 regulations as the Parliament prescribes, to hear and determine appeals from all judgments,
7 decrees, orders, and sentences:
8 (i) of any Justice or Justices exercising the original jurisdiction of the High Court;
9 (ii) of any other federal court, or court exercising federal jurisdiction; or of the Supreme
10 Court of any State, or of any other court of any State from which at the establishment of
11 the Commonwealth an appeal lies to the Queen in Council;
12 (iii) of the Inter-State Commission, but as to questions of law only;
13 and the judgment of the High Court in all such cases shall be final and conclusive.
14 But no exception or regulation prescribed by the Parliament shall prevent the High Court
15 from hearing and determining any appeal from the Supreme Court of a State in any matter
16 in which at the establishment of the Commonwealth an appeal lies from such Supreme
17 Court to the Queen in Council.
18 Until the Parliament otherwise provides, the conditions of and restrictions on appeals to the
19 Queen in Council from the Supreme Courts of the several States shall be applicable to
20 appeals from them to the High Court.
21 END QUOTE
22
23 As such, it was in violation of the constitution to have any contract with any pharmaceutical
24 company that stipulates that any dispute is to be heard and determined in a USA jurisdiction!
25 In my view the Governor-General should have taken appropriate action at each time a Minister
26 (and so any of its staff, etc) engaged in violation of constitutional principles. Failure to do so I
27 view violated Section 2 of the constitution which clearly stipulates “but subject to this
28 Constitution”!
29 As for the funding of and providing military munition, weapons, vehicles and other assistant to
30 Ukraine against the Russian Federation violates the legal principles embedded in the constitution
31 in that this can be deemed an unconstitutional DECLARATION OF WAR against a “friendly”
32 nation and I view again the Governor-General was obligated to stop this kind of unconstitutional
33 war mongering. The Russian Federation applied Amendment 51 to seek to secure the wellbeing
34 of ethnic Russians and it then was for the UN (United Nations) to step in and secure the
35 wellbeing of those under attack by Ukraine NAZI soldiers. The Russian Federation was not
36 attacking the Commonwealth of Australia, and neither did so Afghanistan, Iraq, etc.
37
38 In my view the Commonwealth of Australia membership with the WHO (World Health
39 Organisation) also is unconstitutional as it is not an organization that operates within our
40 constitutional provisions. It is an external body that pursues to dictate its decisions in violation
41 for why electors vote for their legal representatives. I understand that my (now late) wife Olga
42 Hlavka-Schorel was horrified when she discovered that her eye and ear testing results were put
43 on a Commonwealth web system without her knowledge and consent and I understand provided
44 to the WHO, by this violating her “civil rights”, privacy and confidentiality!
45
46 As the Framers of the Constitution at the time referred to about 7 Ministers, we now have
47 an army of about 43 or more Ministers and Assistant Ministers and yet so much is still
48 going wrong! Proving that it is not as to quantity of Ministers/Assistant Ministers but
49 rather the quality of a Minister on the job!
50
51 Despite my past complaints to the Australian Electoral Commission (and others) that it is
52 deceptive for anyone to have a campaign to vote for aa certain party leader to be the Prime
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1 Minister, as no elector can vote for who shall be in Government, this as the Governor-General
2 decides who shall be a Minister! Yet, the same rot continues and the Governor-General ignores
3 to address the issue!
4
5 The we had that recently that Parliament increased allegedly by hundreds of thousands of dollars
6 a year the salary of a Governor-General seemingly because this person did not have a military
7 pension. What an utter nonsense. Any Governor-General who was receiving a Military pension
8 had absolutely nothing to do with being a Governor-General and therefore the increase I view,
9 even so within the parliaments power, was yet another con-job so to say for a mate!
10
11 As for Members of Parliament (including Ministers) having an increase of
12 “ALLOWANCES”/Salary this is to be decided by the Parliament itself and not by some body ,
13 being Public Service Board, etc. As I understand it in California increase of pay for judges was
14 found to be unconstitutional as it was some body that had decided the increase whereas the
15 constitution required it to be the parliament. The same should apply in the Commonwealth of
16 Australia (this includes the States/Territories).
17
18 In my view what we seem to have is at each particular time a grossly incompetent Governor-
19 General who fails to act in accordance to the legal principles embedded in the constitution!
20
21 There was this I understand FALSE FLAG Port Arthur mass murder to which I am not now
22 delve into details but did to some extent at my blog https://www.scribd.com/inspectorrikati
23 already. This resulted to residing guns ownership. Meaning, that when there is a need for citizens
24 to defend their land, etc, against armed invaders they are simply unable to do so!
25
26 Hansard 6-3-1891 Constitution Convention Debates
27 QUOTE Mr. THYNNE:
28 There is one other element which has been suggested to me by the paragraph of the
29 resolutions with reference to military and naval defences. I think we shall do a useful
30 work, that we shall do a good thing, by making it a part of the Constitution of
31 Australia that in time of war every man in it shall be liable to be called upon to
32 undergo military service. I think that would be a great step in advance-a step that would
33 secure for us the active interest and support of all the people in these colonies; and I am
34 sure we cannot afford to disown or to disregard any one of those sources of influence we
35 ought to exercise upon the people.
36 END QUOTE
37
38 Hansard 10-3-1891 Constitution Convention Debates (Official Record of the Debates of the National
39 Australasian Convention)
40 QUOTE Mr. DIBBS:
41 where we are giving the people of the country practically a free education-and it should be
42 common to all Australia-we should instil into the minds of our children the necessity for
43 training, and, as a quid pro quo for that free education,
44 END QUOTE
45
46 Hansard 9-3-1891 Constitution Convention Debates
47 QUOTE Mr. KINGSTON:
48 The 4th resolution raises the question of defence, and I am disposed to think that a more
49 prominent position might well have been given to this question than it occupies. I am not
50 going to discuss the details of possible provisions on the subject which may be considered
51 necessary to be embodied in the constitution. An hon. member has already addressed
52 himself to that question; but it seems to me that every citizen, or every person worthy of
53 the name of citizen, recognises it as his duty in time of [start page 157] war to take up arms
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1 in defence of his country. It is almost a corollary of that proposition, that it is the duty of
2 every true citizen in time of peace to qualify himself to render efficient service in time of
3 need without unnecessary expense to the community of which he is a member. I trust that
4 our federal legislation will recognise the soundness of the principles which I venture to lay
5 down, and that effect will be given to them at the earliest possible moment. I am hopeful,
6 indeed, that when we have legislation of that character its results will be apparent in the
7 manhood of united Australia, and that it will add alike to the dignity and safety of the
8 nation and be productive of the happiest results.
9 END QUOTE
10
11 In my view any Minister of the Crown who for the Commonwealth of Australia registered with
12 the District of Columbia served this purpose I view is a TRAITOR to the legal principles
13 embedded in the constitution including Section 44, this also as the constitution doesn’t provide
14 for the Commonwealth of Australia to be registered within the jurisdiction of a foreign country.
15
16 In my view no Governor-General/Governor should permit to strip citizens of their ability to
17 defend themselves against any invading force and/or homegrown TRAITORS/TERRORIST!
18
19 For the above I request all and any details/information that may directly/indirectly clarify the
20 Governor-General (at the time) conduct regarding each incident referred to!
21 How can a so-called prime Minister dictate during an election what a future Government policy
22 may be after an election when the constitution provide that the relevant “RESPONSIBLE
23 Minister” of a portfolio and not the prime Minister and/or Cabinet decides what a future policy
24 will be? As such, for this also any claimed expenses by a Minister as to his/her future possible
25 intentions for legislation, etc, during an election period cannot be a justification to charge
26 Consolidated Revenue Funds for such election expenses, and by this also denied a FAIR and
27 PROPER election, as those who are not Members of Parliament are severely disadvantages. Any
28 expenditure by a former Member of Parliament (as they are if the if the seat is declared vacant
29 such as for the House of Representatives) then regardless of being re-elected are not Members of
30 Parliament until sworn in.
31
32 Any Minister who was already sworn in prior to the election remains to be a Minister (subject to
33 Section 64) and doesn’t need to be sworn in again if re-elected and maintaining the same
34 portfolio, such as with Penny Wong the Minister for Foreign Affairs. The Constitution doesn’t
35 provide any time limit on a person holding a certain portfolio as long as the person doesn’t
36 violate S64 provisions!
37
38 As for the Official Secretary for the Governor-General claiming to claim “to
39 acknowledge….” I view is a gross insult to Australians at large. This also as the Framers of the
40 Constitution made clear that all children born in Australia are equal, etc!
41
42 Again:
43 In my view no Governor-General/Governor should permit to strip citizens of their ability to
44 defend themselves against any invading force and/or homegrown TRAITORS/TERRORIST!
45 As such I request full and proper clarification from the Governor-General regarding matters set
46 out below and such clarification with direct and indirect details/information can be provided to
47 my email address and/or via Australia Post!
48
49 As I indicated in my view Sir John Kerr as G-G failed to take appropriate action against Geoff
50 Whitlam before the new financial year was commencing as to having Taxation/Appropriation
51 Bills passed by the Parliament and to take appropriate steps to prevent the Blue Poles purchase
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1 as the Commonwealth has no constitutional legislative powers as to arts, sports, etc. Moreover,
2 when he then finally did step in then he violated his power by replacing Geoff Whitlam for a
3 intended DOUBLE DISSOLUTION exercise of powers to have first Malcolm Fraser to let the
4 Parliament pass the Bills before having called the DOUBLE DISSOLUTION. Regardless of if
5 he as is alleged he acted upon directions of the USA the issue is that the exercise of powers must
6 be according to the constitution as his powers were clearly “but subject to this Constitution”
7 and therefore should have immediately called for a DOUBLE DISSOLUTION and not call for a
8 later DOUBLE DISSOLUTION after having already secured supply. And again, supply was to
9 be done long before the commencement of the financial year and not during the financial year.
10
11 It now gets a lot worse as while Sit John Kerr proved to be able to exercise his DOUBLE
12 DISSOLUTION powers, albeit I view in an incorrect/unconstitutional manner, this exercise of
13 powers was blatantly ignored when it comes to mass murder, crimes against humanity, such as
14 invading Afghanistan, Iraq and providing military and other support in a war nothing to do with
15 the Commonwealth of Australia. And now worse Penny Wong Minister for Foreign Affairs
16 declaring support for the bombarding of Iran by the USA, rather than to remain NEUTRAL and
17 also considering the “COVID-19 SCAM” which may have netted the politicians some $100
18 million or more on kickbacks, etc, from pharmaceutical companies, etc.
19
20 Let us consider what the differences are of the alleged “COVID-19 virus” versus “Influenza”!
21 Then also if there is a real justification for totally different medical treatments of “COVID-19
22 virus” versus “Influenza”! As this also relates to the exercise of powers, or the lack thereof by
23 the Governor-General!
24
25 Let us consider the position of a Governor-General as the Chief Executive Officer of the
26 “political Union” named Commonwealth of Australia!
27
28 Chief Executive Officer, the head of the Government of the Day, albeit despite the
29 registration of the commonwealth of Australia and listed with a business number, etc, with
30 the District of Columbia, the Commonwealth of Australia is not at all some “business”,
31 “country” but a “political Union”. It still gives us some indication (see below) what is
32 generally understood to be the position of a CEO! Where then the legal principles embedded
33 in the Commonwealth of Australia Constitution Act 1900 (UK) might be compared to “Oversee
34 the strategic direction of an organization: ” and the legislation that is within the limits of these
35 legal principles are enacted then the Governor-General required to perform any function as
36 Governor-General and/or Governor-General in Council is bound to act against any “manager”,
37 subordinate to ensure he/she acts within those set limitations and failing to do so act
38 appropriately and decisively to deal with any person failing to do so! If the Governor-General or
39 Governor-General in Council fails to act appropriately as required “but subject to this
40 Constitution” then I view the Governor-General (even if acting as Governor-General in
41 Council) must be deemed incompetent and immediately should resign his/her commission! After
42 all, taxpayers are paying out millions of dollars to maintain the cost of a Governor-General and
43 the Office of the Governor-General and a worthless performance or in deed a conduct that might
44 be to undermine the legal principles embedded in the constitution can never be acceptable.
45
46
47
48 https://en.wikipedia.org › wiki › Chief_executive_officer
49 Chief executive officer - Wikipedia
50 A chief executive officer (CEO), also known as a chief executive or managing director, is the top-ranking
51 corporate officer charged with the management of ...
52
53 https://dictionary.cambridge.org › dictionary › english › chief-executive-officer
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34 • Implement changes and proposed plans: A CEO usually looks to themselves and other
35 executive leadership to begin implementing those plans after crafting the long-term
36 vision. Changes are often directly implemented by operational managers but it's
37 ultimately up to the CEO to ensure that the long-term plans are being followed through.
38 • Engage in media obligations and public relations: A CEO is often the face of the
39 company and this includes being involved in media relations. A CEO may speak at
40 conferences, address the public on notable changes to the company, or participate in
41 community events.
42 • Interact with other leadership executives: It's vital to a company’s success to have a suite
43 of executives that a CEO can rely on. A CEO often relies on other leaders to manage
44 their own realms rather than directly overseeing every aspect of a company. They then
45 engage with them to get a high-level understanding of how things are going.
46 • Maintain accountability with the board: A board of directors oversees the entire
47 company’s performance and holds a CEO accountable. A CEO often reports to the board,
48 delivers updates on strategic plans, and gets feedback from board members regarding the
49 company’s overall direction.
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6 • Setting precedence for the working culture and environment: A CEO is responsible for
7 setting the tone at the top and creating the work environment they believe is best to drive
8 success. Employees working under a CEO often look to the executive to develop and
9 maintain the organization’s culture.
10 END QUOTE
11
12 Tracy Yates late last year requested me to assist her regarding the denial of payments by EML
13 insurance acting for and on behalf of WorkSafe (Victoria). She also provided me with details as
14 to the Victorian Ombudsman having held various investigations and the Victorian Ombudsman
15 Office provided me with links to those reports. It became very clear to me that EML chosen
16 specialist Dr Bruce Bruce Sing (I understand his son is the current Victorian Ombudsman)
17 had failed to address Tracy Yates 71 paragraphs complaint with WorkCover. of which it
18 appeared to me that he failed to address about 21 paragraphs dealing with the covid-19 issues. As
19 EML is a insurance company falling within the legislative powers of the Commonwealth then I
20 view for this also it is to be considered a Federal matter. This also because the “covid-19 scam”
21 was perpetrated by the federal government and then in conspiracy involved also the
22 States/Territories.
23
24 As the Framers of the Constitution made clear that any “concurrent” legislative powers of the
25 States would seize when the Commonwealth commenced to legislate upon the subject matter,
26 then when the Commonwealth commenced with the Quarantine Act 1908 this then ended the
27 States “concurrent” legislative powers. This Act was later replaced with the Biosecurity Act
28 2015. As the High Court of Australia in the 1943 Income Taxation case made clear once the
29 Commonwealth legislated the states had to retire from this and so likewise with the Land
30 taxation that on 11 November 1910 the Commonwealth commenced to legislate and so the States
31 had to retire from this (this includes Municipal/Shire Council “council rates”) as with the 1908
32 Quarantine Act and yet with all those Ministers not a single one seems to understand/
33 comprehend this and this underlines that the Governor-General appears to be blatant ignorant to
34 ensure that any person commissioned as a Minister actually understand/comprehend to be a
35 “constitutional adviser” and not like a shatter gun performs and ignore the true meaning and
36 application of the legal principles embedded in the constitution. So much is going wrong because
37 they do not understand/comprehend the basics of constitutional issues, with a Governor-General
38 so to say Absent Without Leave (AWOL)
39
40 Hansard 1-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
41 Convention),
42 QUOTE Mr. OCONNER (New South Wales).-
43 Because, as has been said before, it is [start page 357] necessary not only that the
44 administration of justice should be pure and above suspicion, but that it should be
45 beyond the possibility of suspicion;
46 END QUOTE
47
48 Despite the High Court of Australia in error ruling in Palmer v WA reality is that the
49 States/Territories have no legislative, executive and/or administrative powers regarding any
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1 “man-kind” infectious disease which may require any kind of quarantine, and as such the
2 States/Territories MANDATES were and remain to be unconstitutional.
3 The High Court of Australia simply (despite all the judges and their clerks, etc) simply took out
4 of context a part and omitted the critical part quoted below!
5
6 Hansard 7-2-1898 Constitution Convention Debates
7 QUOTE Mr. BARTON (New South Wales).-
8 I do not think the word quarantine, for instance, which is used in the sub-section of the 52nd
9 clause, is intended to give the Commonwealth power to legislate with regard to any
10 quarantine. That simply applies to quarantine as referring to diseases among man-kind.
11 END QUOTE
12
13 As from 8 April 2020 I then informed the Victorian Ombudsman about this and so State and
14 Federal politicians, etc. On 13 April 2020 I also then informed the Victorian Human Rights
15 Commission likewise, none took any appropriate action.
16 The Victorian IBAC claimed on 19 April 2020 that it was not an issue of “public interest”.
17 Well, the victims of this “covid-19 scam” would unlikely agree with this comment. As from 6
18 August 2021 I commenced also to file a COMPLAINT to the Australian Federal Police
19 regarding the issue and other related issues set out also in numerous ‘supplements’ totalling
20 about 7530 pages so far! However, despite the mass murder, crimes against humanity, etc, I am
21 not aware that the Australian Federal Police bothered to investigate matters.
22
23 QUOTE 20210806-Mr G. H. Schorel-Hlavka O.W.B. to Reece Kershaw Chief Commissioner of the Australian
24 Federal Police
25 Reece Kershaw 6-8-2021
26 Chief Commissioner of the Australian Federal Police
27 Forwarded via email/mail
28 Cc: Mr Scott Morrison via email
29
30 [email protected] Advisory Committee on Vaccines, Therapeutic Goods Administration
31 PO Box 100, WODEN ACT 2606 Attn: Pharmacovigilance and Special Access Branch,
32 MDP 122
33
34 [email protected] Committee Support Unit, Therapeutic Goods Administration
35 PO Box 100, WODEN ACT 2606 Attn: Scheduling & Committee Support Section, MDP
36 122
37
38 Mr Daniel Andrews Premier [email protected]
39
40 Mr Martin Pakula, [email protected], [email protected]
41
42 20210806-Mr G. H. Schorel-Hlavka O.W.B. to Reece Kershaw Chief Commissioner of the Australian Federal Police
43 COMPLAINT
44 Sir,
45 I understand from news report that a special AFP team has been appointed regarding online
46 publications relating to the COVID-19 issue. I view therefore that it is within the AFP
47 investigative powers to investigate all relevant issues and not just those which the Government
48 may desire to be investigating to perhaps aids in its overthrow of the Commonwealth of
49 Australia Constitution Act 1900 (UK) and so the provisions therein.
50
51 https://www.9news.com.au/national/coronavirus-anti-vaxxers-targeted-special-team-detectives-fears-could-target-
52 vaccine-hubs/fad28908-9340-4d0e-80f7-f5e21d61f0e7
53 Coronavirus: Anti vaxxers targeted by special team of detectives amid fears they could target
54 vaccine hubs (9news.com.au)
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1 The CDC recommends testing to differentiate between symptoms of flu and COVID-19.
2 Key symptoms cited to be different between the two are the the presence of loss of taste or
3 smell as COVID-19 symptoms.
4 Table. Similarities and Differences Between Flu and COVID-19
Symptoms Flu COVID-19
Cough ✓ ✓
Fatigue (tiredness) ✓ ✓
Sore throat ✓ ✓
Headaches ✓ ✓
1 Patients hospitalized with COVID-19 were generally older than children hospitalized for
2 flu (median ages: 9.7 and 4.2 years, respectively). Adolescents older than age 15 years
3 accounted for 37% of hospitalized patients in the COVID-19 cohort.
4 Rates of underlying medical conditions among pediatric patients hospitalized for COVID-
5 19 and flu were 65% and 42%, respectively (OR = 2.6 [95% CI: 1.4, 4.7]). Neurological
6 disease such as epilepsy or developmental delay were the most common comorbid illnesses
7 recorded.
8 Fever and cough were the most commonly reported symptoms among hospitalized patients
9 in both groups; however, fever, diarrhea/vomiting, headache, chest pain, and myalgia were
10 more commonly reported in cases of COVID-19 vs flu. This difference was significantly
11 pronounced in comparing COVID-19 and influenza A.
12 Rates of cough, sore throat, dyspnea, and congestion were similar in the flu and COVID-19
13 cohorts.
14 The CDC recommends testing to differentiate between symptoms of flu and COVID-19.
15 Key symptoms cited to be different between the two are the presence of loss of taste or
16 smell as COVID-19 symptoms.
17 END QUOTE
18
19 The above seems to indicate that the flu symptoms and the claimed COVID-19 symptoms are
20 identical other than for the loss of smell and/or taste. Then again prior to the claimed COVID-19
21 existing the loss of smell and/or taste was also contributed to:
22
23 https://www.hopkinsmedicine.org/health/conditions-and-diseases/smell-and-taste-disorders
24 Smell and Taste Disorders | Johns Hopkins Medicine
25 Anosmia. Loss of sense of smell · Ageusia. Loss of sense of taste · Hyposmia. Reduced ability
26 to smell · Hypogeusia. Reduced ability to taste sweet, sour, bitter, ...
27 QUOTE
28 Smell and Taste Disorders
29 Ear Nose and Throat Pediatric ENT (Otolaryngology)
30 What are smell and taste disorders?
31 The most common smell and taste disorders are:
32 Anosmia. Loss of sense of smell
33 Ageusia. Loss of sense of taste
34 Hyposmia. Reduced ability to smell
35 Hypogeusia. Reduced ability to taste sweet, sour, bitter, or salty things
36 In other disorders, odors, tastes, or flavors may be misread or distorted. They may cause you to
37 detect a bad odor or taste from something that is normally pleasant to taste or smell. These
38 disorders can affect quality of life. They may also be a sign of underlying disease.
39 Problems with taste and smell can suggest certain health problems, such as:
40 Obesity
41 Diabetes
42 High blood pressure
43 Poor nutrition
44 Nervous system diseases, such as:
45 Parkinson disease
46 Alzheimer disease
47 Multiple sclerosis
48 What causes smell and taste disorders?
49 Some people are born with these disorders, but most are caused by:
50 Illness (for example, cold or flu, sinus infection, and allergies)
51 Head injury
52 Hormone changes
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41 • the COVID “vaccines” prevent serious COVID-19 illness, keep you out of
42 hospital and protect from death
47 • the COVID “vaccines” have been fully tested and are “safe and effective”
1 • the COVID “vaccines” do not contain dangerous genetic material that can
2 permanently be integrated into your DNA
4 • the COVID “vaccines” stay at the site of injection, do not distribute throughout
5 the body and thereafter do not linger in the body
1 Australia Constitution Act 1900 (UK). After all, as a “constitutional adviser” to the Governor-
2 General he should be aware that it is unconstitutional to let the WHO (world Health
3 Organisation) dictating health issues. After all that is the sole responsibility of the Minister for
4 Health. Also, the gathering of head of states is beyond his position as he is not a Head of State
5 neither can represent the Monarch as such. As for signing agreements of Trade, etc, well then
6 only the relevant Minister can sign this. One in my view has to be a moron/numskull not to
7 understand how our constitutional system operates when commissioned as a Minister, the same
8 for judges in particular those of the High Court of Australia.
9 The Governor-General is bound by “subject to this constitution” and as such cannot allow a
10 PURPORTED prime Minister to interfere in any portfolio to which another person was
11 commissioned as a Minister. Hence, when it comes to for example “Foreign Affairs” only the
12 relevant Minister for Foreign Affairs cam deal with such matters. The “OFFICE OF THE
13 PRIME MINISTER” really is a ‘constitutional absurdity’ this as it has no meaning at all in
14 constitutional terms. Moreover, if the PURPORTED prime Minister was to interfere with the
15 ruling of a properly commissioned Minister then this would violate the legal principle enshrined
16 in the constitution that there shall be a “RESPONSIBLE Minister”. That is also why a
17 PURPORTED “Assisting Minister” is utter and sheer nonsense! It appears to me the Governor-
18 General is more a lacky to the person PURPORTEDLY commissioned to be prime Minister
19 than truly represent the Monarch “subject to this constitution”!
20 END QUOTE 20250614 Mr G. H. Schorel-Hlavka O.W.B. to R Kershaw Chief Commissioner of AFP-Suppl
21 116
22
23 Tracy Yates had been bullied at work regarding the alleged covid-19 issues and instead of
24 having the support of the relevant governments to the contrary matters went the wrong way and a
25 lot worse. During a telephone meeting Tracy became so upset that she no longer could continue
26 the hearing. No matter what the Framers of the Constitution embedded as a legal principle in the
27 constitution, such as “civil rights” in the end politicians and their collaborators couldn’t give a
28 darn.
29
30 The following will also make clear that the Framers of the Constitution intended to have CIVIL
31 RIGHTS and LIBERTIES principles embedded in the Constitution;
32
33 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
34 Australasian Convention)
35 QUOTE Mr. CLARK.-
36 for the protection of certain fundamental rights and liberties which every individual
37 citizen is entitled to claim that the federal government shall take under its protection and
38 secure to him.
39 END QUOTE
40 .
41 HANSARD18-2-1898 Constitution Convention Debates
42 QUOTE Mr. ISAACS.-
43 The right of a citizen of this great country, protected by the implied guarantees of its
44 Constitution,
45 END QUOTE
46 .
47 Well, Tracy was denied NATURAL JUSTICE, etc, and when I submitted that the person in
48 charge should disqualify herself because of bias, etc. this too was ignored.
49 So, why have a who range of persons as “constitutional advisers to either the Governor-General
50 and/or the Governor of a State when in the end their gross incompetent and disregard for their
51 duty and obligations result that the constitution has become useless in that regard?
52
1 There is a newspaper article published in the (Melbourne) Sunday Herald Sun June 22,
2 2025:
3
4 It refers to:
5 QUOTE
6 In 2024, a Senate committee held an inquiry
7 END QUOTE
8
9 Obviously where the article relates to Work-Safe Victoria one may question if this really does
10 fall with the context of the Senate a Commonwealth authority.
11
12 The Irony is that “WorkSafe” itself as I understand it forced its own workforce to be jabbed
13 despite this being unconstitutional, and so also blatantly disregarded to uphold the rule of law to
14 prevent employees in other work places like Tracy Yates to be bullied, etc.
15 While it may be debatable if the State of Victorian actually validly referred industrial relations
16 and other legislative powers to the Commonwealth, in the end this may not be a relevant issue as
17 after all the ground zero issue is that the Commonwealth had exclusive legislative powers as to
18 “man-kind” infectious diseases and the Commonwealth could only petition a court of competent
19 jurisdiction to issue orders after the court heard both sides if the person was to be jabbed or not.
20 This also applies to measles, polio, chicken pox, etc.
21 How absurd can it be that with more than 100,000 lawyers in Australia somehow none seemed to
22 grasp that the “concurrent” legislative powers had come to an end regarding “man-kind”
23 infectious diseases, and any continuation was to defy the legal principles embedded in the
24 constitution.
25
26 Really, no wonder that Municipal/Shire councils, State Governments and Federal Government
27 have been targeting me as after all I expose them are real criminals and TRAITORS and
28 TERRORIST!
29 And why indeed does the Governor-General not terminate the commission of Ministers who are
30 responsible for relevant Departments but miserably fail to uphold the rule of law?
31 Having “suspended’ my Age Pension payments by this preventing me to use the Age pension
32 monies to purchase food, medicine, pay for medical care, pay for fuel, household bills, etc, and
33 refusing to provide me already for 10 months relevant details/information itself is utter
34 scandalous and to me underlines we do not have a competent Governor-General to hold
35 Ministers accountable but simply so to say is laughing all the way to the bank as to make money
36 disregarding the very obligations and duties of being a Governor-General.
1 Centrelink for example claiming I have shares, just that I am not aware having any shares
2 registered in my name, which may underline the gross incompetence. The same with alleged
3 bank holdings and alleged ANNUAL income of $553.49. I checked my age pension bank
4 account and it shows a mere $0.15 and not a single cent of any bank interest paid into it. As such,
5 Centrelink may have been having done some guessing game in the hope I might then do their job
6 to prove something they have no evidence for. It appears to me that Centrelink may hold that
7 refund by Medicare is deemed “income” and perhaps the fact that many may be working from
8 home and may not be attenuative to their jobs the result being that innocent persons who rely
9 upon Age Pension payments, etc, are possible starved to death or even inflict self-harm, but he
10 caring about the public servants having to attend to a work station away from home might be
11 more important than the cruelty inflicted upon innocent citizens? How grossly incompetent can
12 the Minister be not being on the job to have appropriately trained staff.
13 As I made very clear each time there has been a failure to pay me the Age Pension payment
14 entitlement then I do a common law compensation charge of $1 Billion! That way the Minister
15 and his collaborators will become aware that violating legal principles embedded in the
16 constitution which I view a form of TREASON must be severely punished, this also to avoid
17 ever again a person in desperation to commit suicide, etc.
18 Tracey Yates is also a clear example how she was bullied and despite the legal principles
19 embedded in the constitution we in my view have incompetent persons parading as Minister and
20 incompetent Governor of a State as well as incompetent Ministers in the Commonwealth and
21 likewise so incompetent Governor-General.
22 It really is useless for any Senate inquiry or even a criminal investigation to be held if those
23 involved in any investigation are unable to comprehend the real constitutional principles that do
24 apply. I view a comprehensive ROYAL COMISSION in all matters raised by me in my
25 writings ought to be doing the investigation!
26
27 As to my research I have not detected any Victorian State Constitution Act 1855 as amended
28 by the legal provisions of the Commonwealth of Australia Constitution Act 1900 (UK), and this
29 may mean that all and any State legislation is ULTRA VIRES and all and any State Court is
30 without the warrant of law, and so also each and every conviction of whomever. And by this all
31 those who posed as Ministers of State be charged with impersonating a public officer and
32 defrauding the Consolidated Revenue Funds of the State.
33
34
35 https://www.legislation.vic.gov.au › in-force › acts › commonwealth-powers-family-law-children-act-
36 1986
37 Commonwealth Powers (Family Law-Children) Act 1986
38 Commonwealth Powers (Family Law-Children) Act 1986. Act in force. Act number 92/1986. Version
39 history. Effective. Version. Status.
40
41 It may be claimed that the Commonwealth was provided a reference of powers (Regarding
42 Commonwealth Powers (Family Law-Children) Act 1986) within Subsection 51(xxvii) of the
43 Commonwealth of Australia Constitution Act 1900 (UK) and likewise had referred to it matters
44 of industrial relations, etc.
45
46 The problem with this is that then State of Victoria failed upon federation to publish in the
47 Gazette the amended Victoria Colonial Constitution Act 1855 to become the Victoria State
48 Constitution Act 1855 showing for example that the listed section in Section 51 and/or 52 of the
49 Commonwealth of Australia Constitution Act 1900 (UK) were all withdrawn from this
50 Victorian Colonial Constitution Act 1855 and now the new Victoria State Constitution Act
51 1855 contained all those subject matters stated in Section 51 of the Commonwealth of Australia
52 Constitution Act 1900 (UK) as “concurrent legislative powers but only until the Commonwealth
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1 commenced to legislate on each particular subject matter, and regarding subject matters
2 contained in S52 of the Commonwealth of Australia Constitution Act 1900 (UK) they were
3 permanently withdrawn! As well as that the Victoria State Constitution Act 1855 now was to
4 provide that any amendment to this Victoria State Constitution Act 1855, including any
5 reference of legislative powers to the Commonwealth was to be approved by a State referendum!
6
7 As French J of WA (Later French CJ of the High Court of Australia) made clear that Subsection
8 51(xxxvii) was no more but to permit the Commonwealth to accept a referral of legislative
9 powers from a State to the Commonwealth, however, the power of the State to do so was to be
10 found elsewhere!
11
12 Hansard 6-3-1891 Constitution Convention Debates
13 QUOTE Mr. THYNNE:
14 The constitution of this federation will not be charged with the duty of resisting
15 privileged classes, for the whole power will be vested in the people themselves. They
16 are the complete legislative power of the whole of these colonies, and they shall be so.
17 From [start page 106] them will rise, first of all, the federal constitution which we are
18 proposing to establish, and in the next place will come the legislative powers of the several
19 colonies. The people will be the authority above and beyond the separate legislatures,
20 and the royal prerogative exercised, in their interest and for their benefit, by the advice of
21 their ministers will be practically vested in them. They will exercise the sovereignty of
22 the states, they will be charged with the full power and dignity of the state, and it is from
23 them that we must seek the giving to each of those bodies that will be in existence
24 concurrently the necessary powers for their proper management and existence. Each
25 assembly, each legislature, whether state or federal existing under this constitution,
26 will be as Dicey again says-a merely subordinate law-making body whose laws will be
27 valid, whilst within the authority conferred upon it by the constitution, but invalid
28 and unconstitutional if they go beyond the limits of such authority.
29 END QUOTE
30
31 HANSARD 10-03-1891 Constitution Convention Debates
32 QUOTE
33 Dr. COCKBURN: All our experience hitherto has been under the condition of
34 parliamentary sovereignty. Parliament has been the supreme body. But when we embark
35 on federation we throw parliamentary sovereignty overboard. Parliament is no longer
36 supreme. Our parliaments at present are not only legislative, but constituent bodies. They
37 have not only the power of legislation, but the power of amending their constitutions. That
38 must disappear at once on the abolition of parliamentary sovereignty. No parliament
39 under a federation can be a constituent body; it will cease to have the power of
40 changing its constitution at its own will. Again, instead of parliament being supreme, the
41 parliaments of a federation are coordinate bodies-the main power is split up, instead of
42 being vested in one body. More than all that, there is this difference: When parliamentary
43 sovereignty is dispensed with, instead of there being a high court of parliament, you bring
44 into existence a powerful judiciary which towers above all powers, legislative and
45 executive, and which is the sole arbiter and interpreter of the constitution.
46 END QUOTE
47
48 Hansard 20-4-1897 Constitution Convention Debates
49 QUOTE
50 Mr. BARTON: I do not think it is a good thing under any circumstances that a
51 judge under a Federal Constitution, at any rate, should have anything to hope for
52 from Parliament or Government.
53 Mr. KINGSTON: Hear, hear.
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1 Mr. BARTON: Where you have a sovereign Parliament, and the judge is merely the
2 interpreter of the laws as they arise, and not the guardian of a Constitution in the
3 same sense as a federal judge is, the same circumstances remain in part; but where
4 you will have a tribunal constantly charged with the maintenance of the Constitution
5 against the inroads which may be attempted to be made upon it by Parliament, then it
6 is essential that no judge shall have any temptation to act upon an unexpected
7 weakness-for we do not know exactly what they are when appointed-which may
8 result, whether consciously or not, in biasing his decisions in favor of movements
9 made by the Parliament which might be dangerous to the Constitution itself.
10 END QUOTE
11
12 HANSARD 5-3-1891 Constitution Convention Debates
13 QUOTE Mr. MUNRO:
14 We have come here to frame a constitution, and the instructions that were given to us,
15 I am happy to say, are very clearly laid down by the hon. member, Mr. Baker, in the
16 book which he was good enough to distribute amongst us. He puts it in this form:
17 That it is desirable there should be a union of the Australian colonies. That is one of
18 the principles that has already been settled by all our parliaments. Second, that such union
19 should be an early one-that is, that we should remove all difficulties in the way in order that
20 the union should take place at as early a date as possible. Third, that it should be under
21 the Crown. Now, I am quite sure that is one of the most important conditions of all with
22 which we have to deal-that the union that is to take place shall be a union under the Crown.
23 Fourth, that it should be under one legislative and executive government. That also is
24 laid down by our various parliaments.
25 END QUOTE
26
27 Every Australian is a “sovereign” but so within the context of the constitution and as an elector
28 in any State/Territory/Commonwealth election. The word “sovereign” is therefore not that a
29 person is above the rule of law but neither can be forced to comply with unconstitutional
30 legislation, rules, regulations!
31 Also “a sovereign Parliament” is within its constitutional powers and not beyond it. No
32 parliament can alter/amend the very constitution by which it is created as only the “electors” in
33 the particular jurisdiction can by “referendum” amend the State/Territory/Commonwealth
34 relevant constitution, if there is any, that is! Therefore the wording “a sovereign Parliament”
35 doesn’t mean that the Parliament by reference of legislative powers to the Commonwealth
36 somehow can minimize the judicial powers of the relevant Supreme Court!
37 For this all and any purported “reference of legislative powers” removing by this the relevant
38 Supreme Court judicial powers also by the “separation of powers” also applicable to the States
39 require the approval by State referendum!
40
41 Hansard 8-3-1898 Constitution Convention Debates
42 QUOTE
43 Sir JOHN DOWNER.-Now it is coming out. The Constitution is made for the people
44 and the states on terms that are just to both.
45 END QUOTE
46
47 No unilateral decision by the State to amend the constitution in disregard of the rights of the
48 electors!
49
50 Hansard 6-3-1891 Constitution convention Debates (Official Record of the Debates of the National Australasian
51 Convention)
52 QUOTE Mr. BARTON:
1 I hope that I am at any rate acting in the spirit in which we all labour together, and that the
2 result of our labour will be to found a state of high and august aims, working by the eternal
3 principles of justice and not to the music of bullets, and affording an example of freedom,
4 political morality, and just action to the individual, the state and the nation which will
5 one day be the envy of the world.
6 END QUOTE
7
8 Commonwealth of Australia Constitution Act 1900 (UK)
9 QUOTE
10 (xxxv) conciliation and arbitration for the prevention and settlement of industrial disputes
11 extending beyond the limits of any one State;
12 END QUOTE
13
14 The Framers of the Constitution debates this at length and held that maritime disputes would not
15 just be limited to one State but would generally spread to other States and as such would be
16 under Federal control. As the Commonwealth within Section 100 has also legislative powers as
17 to rivers and by this the harbors where there is a need for this, then maritime workers could fall
18 within its powers to be regulated to ensure that ports are operating appropriately to ensure that
19 “(i) trade and commerce with other countries, and among the States;” is not unduly harmed.
20 And the Framers of the Constitution made clear that the Commonwealth could even use the
21 armed forces if any federal workforce was prevented to conduct its business.
22 Actually, the “minimum wages” was not part of the federal compact but was so to say extorted
23 from an employer by the Arbitration Court in the early days of the federation and then became
24 part of Commonwealth dictatorship.
25
26 What should be kept in mind is that as shown below the Framers of the Constitution extensively
27 canvassed industrial relations such as on 27 January 1898 and it may be of assistance to read the
28 entire debate of that day. I have below quoted in part Hansard records.
29
30 It should be understood that when Mr Peter Reid was as I understand Minister and was defeated
31 in the Courts (Patricks) when seeking to employ overseas trained workers as waterside workers,
32 reality was that the Court as well as Mr Peter Reid and his legal representative in my view
33 never understood the legal principles embedded in the constitution!
34
35 HANSARD 17-4-1897 Constitution Convention
36 QUOTE Mr. DEAKIN:
37 They both desire to retain for their Several States for all time the privilege of
38 controlling industrial disputes within their own borders.
39 END QUOTE
40 .
41 HANSARD 19-4-1897 Constitution Convention
42 QUOTE Mr. CARRUTHERS:
43 Mr. Barton first of all recites Dicey to show what occurs under the unwritten
44 Constitution of England. But here we are framing a written Constitution. When once
45 that Constitution is framed we cannot get behind it.
46 END QUOTE
47 .
48 HANSARD 27-1-1898 Constitution Convention Debates
49 QUOTE Mr. SYMON.-
50 The relations between the parties are determined by the contract in the place where it
51 occurs.
52 END QUOTE
53 And
54 HANSARD 27-1-1898 Constitution Convention Debates
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1 END QUOTE
2 .
3 HANSARD 27-1-1898 Constitution Convention Debates
4 QUOTE Sir JOHN DOWNER.-
5 The people of the various states make their own contracts amongst themselves, and if
6 in course of their contractual relations disagreements arise, and the state chooses to
7 legislate in respect of the subject-matter of them, it can do so.
8 END QUOTE
9
10 Hansard 27-1-1898 Constitution Convention Debates
11 QUOTE
12 Mr. SYMON.-Why should you interfere with the laws in the different colonies
13 affecting the relations of masters and servants, which are purely a matter of domestic
14 legislation? Why should you hand over that purely state function to the federal
15 authority?
16 END QUOTE
17 And
18 Hansard 27-1-1898 Constitution Convention Debates
19 QUOTE
20 Sir EDWARD BRADDON (Tasmania).-As one who voted in Adelaide on this subject,
21 and as one who believes to the fullest possible extent in the value of boards of conciliation
22 and arbitration, if such boards and courts can be arranged, I desire to justify in some
23 measure my giving the same vote as I gave then. This amendment does not hand over to
24 the federal power the entire dealing with industrial disputes over the whole of the
25 Commonwealth, but only over so much of the Commonwealth as may be affected by
26 those disputes. It therefore imposes upon the various states the necessity for having
27 courts of conciliation and arbitration to deal with the matters affecting their states
28 only. That seems to me to be an admission of the principles principle which I think
29 must be admitted in the present circumstances-that anything whatever in the nature
30 of government or administration which can be better dealt with by a state than by the
31 Commonwealth shall be left to the state. I claim Mr. Deakin's emphatic indorsement of
32 that principle, and I claim his vote, because his vote if he goes with me will affirm the
33 principle. It surely must be better for the employees that their disputes should be
34 settled by courts which know all the circumstances, which understand the condition
35 of things best, than that they should be settled by possibly a distant tribunal which is
36 ignorant of the environment and particular conditions affecting any industry in any
37 one of the states. We have heard to-day something about the fixing of a rate of wage
38 by the federal authority. That would be an absolute impossibility in the different
39 states.
40 Mr. DEAKIN.-Is there power to do it? I do not think there is.
41 Sir EDWARD BRADDON.-That is mentioned as one of the contingent powers.
42 Mr. KINGSTON.-That was said by an objector.
43 Sir EDWARD BRADDON.-And a necessary power to be exercised for the effective
44 settlement of a dispute.
45 Mr. KINGSTON.-That was said by a critic.
46 Mr. OCONNOR.-It must be so.
47 Sir EDWARD BRADDON.-And as in the case of wages, which necessarily vary
48 according to varying conditions within a state, so it must be remembered that there
49 are many other matters which are largely ruled and governed by local conditions. I
50 see the matter just as strongly now as I did in Adelaide. I see that it is a matter which
51 should be left to the adjudication of the states; and I would urge further that, by the
52 interference of the Commonwealth Government in matters affecting the different states as
53 to industrial disputes, there will be a probability, possibly more than a probability, of very
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1 serious friction arising between the Commonwealth and the states. When the honorable
2 member who moved this amendment rose, I quite thought that he [start page 215] rose with
3 the intention of withdrawing it. After seeing that that amendment, moved by himself as an
4 extreme liberal, and supported by some as extreme liberals, came to be supported by
5 extreme conservatives, or I may say tories, I was all the more confirmed in that idea when
6 he admitted that the support of my right honorable friend (Sir John Forrest) almost
7 convinced him that he had better leave this matter alone.
8 END QUOTE
9
10 Hansard 27-1-1898 Constitution Convention Debates
11 QUOTE
12 Mr. SYMON.-My honorable friend will hand that over to the Federal Parliament. I do
13 not want to hand over to the Federal Parliament too many of these difficulties. This, in my
14 view, should be solved by the local authorities themselves. They are the people to deal
15 with their own questions of industrialism. I do not want to enter into a discussion as to the
16 modes of carrying out this proposal; that will be a matter for the Federal Parliament if we
17 decide to introduce this power. But I will put to my honorable friend what is a practical
18 question in connexion with this power. Who is to decide as to when an industrial dispute
19 extends beyond the limits of a state? Who is to decide when a dispute originating in South
20 Australia enters into the colony of Victoria, so that Victoria shall be put under some kind
21 of martial law?
22 Mr. ISAACS.-It is a question of fact, like anything else.
23 END QUOTE
24 And
25 Hansard 27-1-1898 Constitution Convention Debates
26 QUOTE
27 Mr. SYMON.-What relation has this to customs duties? The industrial life of the state is
28 considered by all of us (subject to this exception, it may be) a thing of purely domestic
29 concern. We do not want to interfere with the domestic life, or with industrial life, except
30 in the last resort. If you are going to introduce such a thing as this it must be the Federal
31 Ministry which will have to decide, subject to the Parliament, and you will introduce the
32 greatest complication and intensity of feeling that was ever seen.
33 Mr. BARTON.-We do not propose to hand over contracts and civil rights to the
34 Federation, and they are intimately allied to this question.
35 END QUOTE
36 .
37 HANSARD 31-1-1898 Constitution Convention Debates
38 QUOTE
39 Mr. SOLOMON.- We shall not only look to the Federal Judiciary for the protection of
40 our interests, but also for the just interpretation of the Constitution:
41 END QUOTE
42
43 HANSARD 8-2-1898 Constitution Convention Debates
44 QUOTE
45 Mr. HIGGINS.-I did not say that it took place under this clause, and the honorable member
46 is quite right in saying that it took place under the next clause; but I am trying to point
47 out that laws would be valid if they had one motive, while they would be invalid if
48 they had another motive.
49 END QUOTE
50 .
51 HANSARD 1-3-1898 Constitution Convention Debates
52 QUOTE
1 Mr. BARTON.- The position with regard to this Constitution is that it has no
2 legislative power, except that which is actually given to it in express terms or which is
3 necessary or incidental to a power given.
4 END QUOTE
5
6 Hansard 25-3-1897 Constitution Convention Debates (Official Record of the Debates of the National
7 Australasian Convention)
8 QUOTE Mr. WISE:
9 The power of the senate to deal with money bills is so clearly defined that I doubt if any
10 ingenuity could suggest the possibility of dispute arising between the two houses on that
11 question. That at once removes one of the most prolific sources of dispute between the two
12 chambers in the past. Then as to the second class of dispute arising from social differences,
13 all through this discussion, not, I admit, in this house but outside, the controversialists of
14 one party ignore, or seem to ignore, the limitations of federal government. They forget
15 that this commonwealth can only deal with those matters that are expressly remitted
16 to its jurisdiction; and excluded from its jurisdiction are all matters that affect civil
17 rights, all matters that affect property, all matters, in a word, affecting the two great
18 objects which stir the passions and affect the interests of mankind. I fail entirely and I
19 shall be glad if some alarmist will enlarge my views on this matter-to perceive in this bill
20 any question on which there is any possibility of a conflict between the states and the
21 people, except, in one respect, and I will define that in the largest possible way. In
22 legislation affecting commercial interests, or financial interests, it is possible to imagine
23 that the states will be brought into conflict as states with the concentrated majority of the
24 populations of the two large states over a question of trade. It is possible to imagine the
25 same thing arising over a question of commerce, or over a question of finance.
26 END QUOTE
27
28 Hansard 27-1-1898 Constitution Convention Debates
29 QUOTE
30 Sir JOHN DOWNER.-I am not aware that it has been of the slightest effect in South
31 Australia. I have yet to learn that it has been of any use at all. I was rather in favour of
32 making the experiment in this direction when it was proposed in South Australia; and I am
33 now watching the working of these arbitration courts with great interest, although, as I
34 have just said, I have seen no advantage arising from them in South Australia at present.
35 We are now asked to hand over to the Federal Commonwealth a power of legislating with
36 regard to internal concerns affecting every man, woman, and child in every state. Every
37 agreement they make, so long as a sufficient number of them combine together to kick up a
38 row, may be made subject to review before a tribunal. To pass legislation of this sort is in
39 itself an invitation to extend the area of raising quarrels. Such legislation will tend to make
40 such quarrels national, so as to create a power of interfering between individuals who are
41 not satisfied with the contracts they have entered into. In the end it, must result in the
42 establishment of some military or other force strong enough to vindicate the decisions of
43 the court, which step I am certain would not accord with the view of those who advocate
44 the establishment of these courts. I hope that honorable members will think a little
45 carefully about this question, because if they do I believe that they will come to the
46 conclusion that the power which each state has at the present time to legislate in respect to
47 its own industrial [start page 188] disputes is quite sufficient. An industrial dispute cannot
48 extend beyond the limits of any state. These are individual disputes. A certain class of
49 workmen say-"We are going to insist on being paid so much a day" in one part of
50 Australia, and they arrange with other workmen in other colonies to make the same
51 demand. But the disputes are confined to each state.
52 END QUOTE
53
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Page 43
1 Mr. SYMON.-It is the essence of the Constitution that the state shall have that power
2 within its legislative jurisdiction. Every state can do that.
3 Mr. ISAACS.-Yes, within its legislative jurisdiction, and that consideration gives
4 immense force to what I said at starting, and what Mr. Trenwith said. We are giving to the
5 Federation certain powers of legislation, and we are reserving all others to the states. If the
6 Federation chooses to exercise its legislative powers within its sphere, it can over-ride
7 anything a state does.
8 Mr. SYMON.-There is no object in the limitation of the federal jurisdiction.
9 Mr. ISAACS.-None whatever; and if the state is to have reserved to itself all other
10 powers, I cannot understand the bearing of it. I thought it my duty, therefore, to bring
11 under the notice of the Convention the reason why it was introduced into the American
12 Constitution. It was to cut down the powers of the state as exercised by refusing citizenship
13 to the blacks. There have been quite a number of decisions on the subject, but it would be
14 profitless to refer to them further. I have endeavoured to point out as briefly as I can how
15 this matter stands, and I think it will be found in the end, subject to anything that Mr. Wise
16 may have to say, that the basis of it all is the 14th amendment of the United States
17 Constitution.
18 Mr. WISE (New South Wales).-I do not like to speak with any confidence after such a
19 strong expression of opinion from one so well qualified to give an opinion as the Attorney-
20 General of Victoria, but my recollection of the reasons which led to the first part of the
21 clause being inserted in the Draft Bill of 1891 leads me to say that the words were intended
22 to limit the legislative jurisdiction of the states by such necessary restrictions as were
23 thought desirable to give the Federation power to settle disputes between states arising
24 from the exercise of the legislative authority within each state. I very much regret that Mr.
25 Clark's memorandum, a portion of which I read yesterday, has not been returned. In the
26 concluding part of that memorandum he draws special attention to these words, and points
27 out that they were a necessary complement to the implied surrender of the right to claim
28 redress by diplomatic or other means which was made by every state when it entered into
29 an equal federation with other states. He lays down in express terms the principle which
30 Judge Shipman used as the basis of his judgment in the case I cited yesterday from 22
31 Blatchford, 131, that is to say, if a state passes a law the effect of which is to injure the
32 territory or property of persons outside the state-that may not be the intention, but if the
33 direct effect is to inflict injury upon the territory or property of citizens in another state-
34 then that law, although in so far as it only affects citizens within the state that passes it, it is
35 intra vires of the Constitution, it becomes ultra vires in so far as it inflicts injury on the
36 inhabitants of another state. That, I believe, was the intention, although I feel some
37 diffidence in insisting upon it. This was the view which formed the basis of the judgment
38 of Mr. Justice Shipman.
39 [start page 671]
40 The state of Connecticut had authorized certain works which injured property in the
41 adjoining state of Massachusetts, and it was held that that was a matter in which the
42 Federal Court, in the interests of the Federation, was entitled to exercise jurisdiction.
43 Mr. ISAACS.-Every text-book writer ignores that case; I cannot find it anywhere.
44 Mr. WISE.-The object of this was by no means to deal with a set of circumstances such
45 as have arisen in the United States, which could not have arisen here, but to deal with other
46 matters; and it seems to me that the clause as it stands would be a powerful instrument to
47 prevent an abuse of powers by a state, not for the purpose of injuring the citizens of that
48 state, but for the purpose of injuring the citizens of other states.
49 Mr. ISAACS.-Can you give a concrete case?
1 Mr. WISE.-Well, take the case of imposing a poll tax on citizens passing from one state
2 to another. Such a law as that would at present be within the competency of the legislation
3 of any colony.
4 Mr. SYMON.-Not if this Constitution becomes law.
5 Mr. WISE.-It might be dealt with by another clause, and would also be dealt with by this
6 clause 110. I am not dealing now with the latter part of the clause, because I admit that that
7 is open to other objections. I am confining my attention to the first portion. The instance I
8 have given is of course an extreme one, but it is such cases as that which, according to my
9 recollection, it was intended should be dealt with by the first portion of this clause. I very
10 much regret that Mr. Clark's memorandum is not in the hands of honorable members,
11 because it deals with the first part of this clause and shows what importance Mr. Clark
12 attaches to it as one of the draftsmen of the Bill of 1891.
13 Mr. ISAACS.-How would the entry into one state by a citizen of another state be an
14 immunity or a privilege of that citizen?
15 Mr. WISE.-Let me give another illustration. Suppose an extra probate duty were imposed
16 on Victorians who had property in New South Wales, or vice versa.
17 Mr. REID.-Or an absentee tax.
18 Mr. WISE.-Yes, or an absentee tax.
19 Mr. SYMON.-It would be competent for the states to do that.
20 Mr. WISE.-No; I mean an absentee tax making those who reside in one part of the Union
21 pay higher-say pay a higher probate duty or legacy duty-than those who reside within the
22 state imposing the tax.
23 Mr. ISAACS.-How could that be a privilege or immunity of the citizens of the other
24 states?
25 Mr. WISE.-It would be putting an exceptional disability upon the citizens of another
26 state, to which the citizens of the state imposing the tax were not subject.
27 Mr. ISAACS.-But how is it a privilege or immunity of the citizens of another state that
28 they should not be taxed as absentees by a particular state?
29 Mr. WISE.-It is an immunity at present.
30 Mr. ISAACS.-Then you can never tax a man living in another state?
31 Mr. WISE.-You cannot impose exceptional treatment upon the citizens of another state;
32 that applies to everything. It is difficult to contemplate a concrete case, but that the words
33 themselves have a definite and clear meaning any one can see; and whether that clear
34 power should be taken away or not is a matter of very serious consideration. It does appear
35 to me that this clause is a powerful instrument in the hands of the federal authority to
36 prevent any state acting in an overt manner, permitting overt acts of hostility against
37 citizens outside its jurisdiction. For that reason I hope that the clause will be allowed to
38 stand.
39 Mr. OCONNOR (New South Wales).-The honorable and learned member (Mr. Isaacs) is
40 I think correct in the history of this clause that he has given, and this is [start page 672] one
41 of those instances which should make us very careful of following too slavishly the
42 provisions of the United States Constitution, or any other Constitution. No doubt in
43 putting together the draft of this Bill, those who were responsible for doing so used
44 the material they found in every Constitution before it, and probably they felt that
45 they would be incurring a great deal of responsibility in leaving out provisions which
46 might be in the least degree applicable. But it is for us to consider, looking at the
47 history and reasons for these provisions in the Constitution of the United States,
48 whether they are in any way applicable; and I quite agree with my honorable and
49 learned friend (Mr. Carruthers) that we should be very careful of every word that we
50 put in this Constitution, and that we should have no word in it which we do not see
51 some reason for. Because there can be no question that in time to come, when this
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Page 49
1 we give to our citizens, the administration of the law should be equal to all, whatever their
2 colour. The case I refer to is one of the Chinese cases-I forget the name of it.
3 Mr. ISAACS.-The case of Yick Wo v. Hopkins.
4 END QUOTE
5
6 “Every word” means that “peace, order and good government” applies to all and any
7 legislation as well as to the executive and administrative powers and regardless of the political
8 association of anyone in power!
9
10 Hansard 10-3-1891 Constitution convention Debates
11 QUOTE Mr. J. FORREST:
12 At the same time, I feel sure that every Australian, whether he be an Australian by
13 birth or by adoption, must look forward to the time when he will be a citizen of
14 Australia, when his boast will be, not that he is a Victorian, a New South Welshman,
15 a Queenslander, a South Australian, or a Tasmanian, but that he is an Australian,
16 and I believe that this is gradually becoming the position. It is not usual, when you
17 meet people in other parts of the world, and ask them where [start page 220] they
18 came from, for them to say that they are Tasmanian or Victorians, but they call
19 themselves Australians. I believe that this sentiment is taking deep root in the minds
20 of the people of this continent, and that the desire of young Australians undoubtedly
21 is that Australia shall become a nation, and that we shall be no longer separated from
22 one another by artificial lines. After all, these boundaries, as I believe was said by
23 some one the other day, are merely artificial lines on the map. In some of the colonies
24 where settlement has extended they have attained some practical permanence, and
25 are actually known on the ground, but as a rule how were they fixed?
26 END QUOTE
27
28 Hansard 8-3-1898 Constitution Convention Debates
29 QUOTE
30 Dr. COCKBURN.-The whole proposal is foreign to the spirit of the Constitution. The
31 Constitution lays it down that the Commonwealth is to deal equally with all the states
32 whether it is in the matter of taxation, of bounties, or of trade, and we may as well
33 strike out the provision that all taxation shall be uniform throughout the
34 Commonwealth if we are to contemplate that after the taxation has been raised the
35 proceeds may be handed over to any one colony. The thing will not bear a moment's
36 investigation, and I hope the honorable member will not press his proposal to a division. It
37 is a pity that the amendment has been brought forward. There is no possibility, nor does
38 any one contemplate the possibility, of any of the states being in a worse financial position
39 than they are in at the present time. On the contrary, I believe that their financial position,
40 good as it is now, will be infinitely improved.
41 END QUOTE
42
43 Hansard 17-2-1898 Constitution Convention Debates
44 QUOTE
45 Mr. ISAACS.-I am not prepared to answer that question, but when we look at clause 52
46 we find these governing words on the very forefront of that clause-
47 That Parliament shall, subject to the provisions of this Constitution, have full power and
48 authority to make laws for the peace, order, and good government of the Commonwealth.
49 We see there that the Commonwealth is named as distinguished from the states. We
50 have our Constitution framed in this way with a Senate to guard what? The interests
51 of the states, so that the Commonwealth shall not intrude one inch into what is
52 retained as the executive rights and jurisdiction of the states.
53 END QUOTE
1 .
2 HANSARD 26-3-1897 Constitution Convention Debates
3 QUOTE Mr. ISAACS:
4 There is a line up to which concession may become at any moment a sacred duty, but to
5 pass that line would be treason; and therefore, when we are asked solemnly and gravely
6 to abandon the principle of responsible government, when we are invited to surrender
7 the latest-born, but, as I think, the noblest child of our constitutional system-a system
8 which has not only nurtured and preserved, but has strengthened the liberties of our
9 people-then,
10 END QUOTE
11
12 QUOTE EMAIL 22-6-2025
13 QUESTIONS_ Re: Gerrit Hendrik Schorel-Hlavka O.W.B. - RE: repeat request-
14 transcript of 22 May 2025 as well as 12 May 2025 swearing in [SEC=OFFICIAL]
15 Mr Gerrit H. Schorel-Hlavka O.W.B.
16 From:[email protected]
17 To:(Shared) FOI & IPS Mailbox
18 Cc:Gerrit Schorel-Hlavka O.W.B.
19 Bcc:
20 Sun, 22 June at 12:45 am
21 Sarah, 22-6-2025
22
23 I downloaded the video from "For the 2022 video,
24 see https://www.youtube.com/watch?v=MVMycRdtv24." as and to be honest the quality of the
25 sound is terrible. Perhaps the Official secretary may have read from a document or
26 otherwise can at least what the official secretary stated be provided as a transcript?
27
28 Also, can you provide the date of the swearing in? What appears to me to be strange is that
29 the ABC seems to claim that for example Anthony Albanese as well as Penny Wong had
30 been traveling to many countries before being sworn in as per the video.
31 Out constitution s64 permits the Governor to commission a person to seek to present
32 persons to be sworn in as Ministers, after all Mr Barton was commissioned for this in 1900
33 Xmass period. That is a different commission but S64 does allow any person to be
34 commissioned regardless of being or not elected for a seat in the parliament, subject to S64
35 limitations.
36 As Penny Wong was not sworn in until the date of the video being made by ABC then
37 obviously the question is what, if any position did she hold as commissioned by the
38 Governor-General prior to this swearing in?
39
40 What proclamation was gazetted naming her commission, this so that Australians were
41 aware of her commission prior to being sworn in?
42
43 With Scott Morrison he allegedly was commissioned to the Department of health and later
44 other portfolios, this even so as the Courts made clear the Governor-Generals signature is
45 merely part of the process, and the commission is not valid in law until it is published in
46 the Gazette. Hence, can you provide links and other documentation showing the
47 commission of any person prior to the swearing in (in 2022)?
48
49 In AEC v Schorel-Hlavka I proved with relevant documentation, that the governor-
50 General on 5 October 2001 had signed the proclamation to dissolve the House of
51 Representative at 11.59 AM and prorogue the Parliament at 12 noon for 8 October 2001.
52 However, the clerk for the Special Gazette was not in for the morning, and so the Clerk
53 then made the Special Gazette in the afternoon of 8 October 2001 by which time it was too
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Page 52
1 late. The printer (again the documentation was filed in Court for my successful appeals
2 involving the Commonwealth DPP and the 9 Attorney-Generals) the Government Printer
3 then printed the Special Gazette which was issued on 9 and some on 10 October 2001 and
4 in Tasmania it was later in the ordinary Gazette. Hence, no valid election was held as the
5 writs for the General election for the House of Representatives and the Senate were issued
6 before the Proclamation was published in the Gazette. When Counsel for the AEC on 4
7 August 2005 sought to file as evidence to claim the Special Gazette was dated 8 October
8 2001, I objected to this being accepted as evidence but the Court overruled me. What
9 Counsel to his horror then discovered was that I had previously filed and served a copy of
10 the 8 October 2001 Special Gazette and with evidence that the Government printer by its
11 own computer records showed it was not issued at all on 8 October 2001 but on 9 and 10
12 October 2001. Hence, the date of 8 October 2001 of the Special Gazette was fraudulent.
13 Upon this Counsel for the AEC (Commonwealth) then withdrew his filed Special Gazette
14 dated 8 October 2001 upon which I made clear that I was nevertheless entitled to now rely
15 upon this and no longer needed to prove the copy I had previously filed and served.
16 What this was meaning that the General election never was valid in law, as for example
17 Tasmania didn't get the notification until the general Gazette weeks later was published.
18 Meaning, the Governor of Tasmania and so the electors had no formal notification until
19 after the closure of the rolls. This as the Gazette is the conclusive act to complete the
20 Governor-Generals proclamation. Also, the publishing in the Gazette of any commission
21 for a Minister only becomes valid when it is published in a Gazette.
22
23 Again, the Commonwealth DPP and the 9 Attorney-Generals (including in this the Federal
24 Attorney General) didn't dispute my set out in the written submissions and therefore are
25 deemed to have conceded to the truth thereof.
26
27 Yet, somehow the then Governor-General allow those so-called Members of Parliament to
28 nevertheless defraud Consolidated Revenue Funds to claim "allowances" and all and any
29 commissioned Miniter by not being validly elected in 2001 were therefore in view of S64
30 no longer Ministers after the 3-month period stipulated in Section 64 no longer Ministers.
31
32 Also, When Scott Morrison purportedly was commissioned as Minister for Health, this
33 even so Greg Hunt at the time was Minister for health, then technically, that is if Scott
34 Morrison was validly commissioned (I do not seek to imply he was) then Greg Hunt from
35 that day no longer could have been Minister for health, this as the Framers of the
36 Constitution made very clear that only one person could be the
37 "RESPONSIBLE Minister". While I understand in 2025 allegedly the Governor-General
38 has sworn in "Assistant Ministers" constitutionally there is no such provision for this as
39 only 1 person can be a "RESPONSIBLE Minister".
40
41 We have allegedly a Minister for a portfolio, then allegedly also an "Assistant Minister" for
42 the same portfolio, and then a Head of the Department, and other Chiefs but seeming little
43 or no Indians.
44
45 The Framers of the Constitution put it in their way:
46
47 VEHICLES-01
48
49
50
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Page 53
1 Let’s see what the Framers of the Constitution stated about the telephone, postal and other
2 services:
3
4 Hansard 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
5 Australasian Convention)
6 QUOTE Mr. CARRUTHERS:
7 It is just as important that the Federal Government shall have the care and
8 management of the vehicles which carry human beings and their goods as that it
9 should have the care and [start page 769] management of the vehicles or ways which
10 carry letters and telegrams.
11 END QUOTE
12
13 (Writers note: Notice they even refer to “management of the vehicles” not just photo
14 opportunities for a Minister!)
15
16 And:
17 Hansard 17-3-1898 Constitution Convention Debates (Official Record of the Debates
18 of the National Australasian Convention)
19 QUOTE Mr. CARRUTHERS:
20 If you give over the telegraph and postal business you thereby hand to the custody of
21 the Federal Government all the local appointments-the appointing of the
22 postmasters, clerks, and other officers, who do not do national, but the purest
23 local business; and you at once raise up a large army of civil servants, the
24 influence of which we want to dissociate from our national life
25 END QUOTE
26
27 (Writers note: Notice they refer to appointments of officers, etc, and “large army of civil
28 servants” clearly this relates to Commonwealth Management, not some private company)
29
30 When Peter Garret was allegedly Minister, I understood some 6 people ended up being
31 killed regarding insulation material instalments, this even so I had written to then Kevin
32 Rudd about the dangers, etc.
33
34 What we seem to have that the so-called "constitutional advisers" (Ministers) in my view
35 lack any competence in constitutional matters, and so in particularly also Attorney
36 Generals, and persons are commissioned because of political fraction rather than to be
37 skilled in a portfolio they are commissioned for and lack any proper understanding and
38 competence in constitutional matters to be deemed a "constitutional adviser" to the
39 Governor-General. Hence, we seem to have persons being commissioned as Ministers who
40 I view are grossly incompetent to be "constitutional advisers" as required by the legal
41 principles embedded in the constitution.
42
43 My Late wife Olga Hlavka-Schorel was born in the Czech Republic and never fancied the
44 Monarchy, however she admired the then Princes Elizabeth for showing to serve in the
45 armed forces and showing to do mechanical work on army vehicles.
46
47 Sir Edmund Barton's ideas on Immigrants and being an Australian in 1907.
48
49 "In the first place, we should insist that if the immigrant who comes here in good faith
50 becomes an Australian and assimilates himself to us, he shall be treated on an exact
51 equality with everyone else, for it is an outrage to discriminate against any such man
52 because of creed, or birthplace, or origin. But this is predicated upon the person's becoming
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Page 54
1 in every facet an Australian, and nothing but an Australian. There can be no divided
2 allegiance here. Any man who says he is an Australian, but something else also, isn't an
3 Australian at all. We have room for but one flag, the Australian flag. We have room for but
4 one language here, and that is the English language... and we have room for but one sole
5 loyalty and that is a loyalty to the Australian people."
6 Edmund Barton, 1907
7
8 Hansard 12-3-1891 Constitution Convention Debates (Official Record of the Debates of the National
9 Australasian Convention)
10 QUOTE. Mr. CUTHBERT:
11 Now I come to deal with the military and naval defence of Australia, which it is
12 proposed shall be intrusted to federal forces under one command. I cordially approve
13 of that proposition, which has met with general acceptance all round-and why?
14 Because we know that the colonies recognise that the duty of protect- [start page
15 289] ing their own shores devolves upon them-that they have erected fortifications,
16 and that many of the colonies have an efficient permanent corps of artillerymen
17 which has been strengthened by the volunteers who have come forward in the cause
18 of their country to give their services as militiamen. But we are aware that there is a
19 weakness all through the design. We are aware that, if any portion of the Australian
20 continent were attacked, while a friendly and brotherly feeling would dictate that we
21 ought to go to the rescue of the place attacked by a hostile foe, we have no power
22 whatever to order our troops out of our own colony, to go and concentrate their
23 forces with the others. And though we received reports from different naval and
24 military commanders as to the state of our forces and their efficiency-as to their
25 courage, that was undoubted-we were not satisfied merely with reports from our own
26 officers; we wanted an independent authority of eminence to give us his candid
27 opinion of the action we had taken in our endeavour to form an efficient military and
28 naval force. Accordingly, the colonies united, as they have done on several
29 occasions, always leading towards unity, and applied to the Imperial Government to
30 send an officer to report on our forces. General Edwards then came here, and
31 furnished us with his report, to the details of which I will not refer. But he pointed
32 out, unmistakably, where our weakness lay. I think it was his report which induced
33 you, Mr. President, to communicate with the premiers of the other colonies, the result
34 being the conference in Melbourne to which I have already referred. Some hon.
35 gentlemen may think that by placing the whole of our forces under one command we
36 want to raise a large military force which will saddle the country with expenses that
37 may be deemed unnecessary. But, as I understand the resolution, it has no such
38 meaning. The federal parliament will look closely into the question of the finances.
39 They will see that it will be expected by all the colonies that due economy shall be
40 observed in the administration of the funds intrusted to them, and that it will be
41 expected that out of the £8,000,000 of revenue handed over to them at least
42 £6,000,000 will be available for redistribution among the colonies; and the colonies
43 will look with a very observant eye upon all that is done by the federal parliament,
44 because they will be interested parties, and they will know that in order to meet the
45 engagements into which they have entered it will be necessary for them to husband
46 their resources in every way. In my opinion, the placing of the naval and military
47 forces under one command will not be attended with much additional expense. We
48 want no large standing army here. There is no necessity for it. If we protect our
49 ports as we are doing, and having men, money, and the munitions of war, having
50 men in our artillery forces as well skilled and competent as any to be found in her
51 Majesty's service, and in addition to that, having powerful and efficient guns of the
52 latest type, we feel that the obligation devolves upon us to have a force sufficient to
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Page 55
1 protect us against invasion. Will hon. members permit me just to make one quotation
2 from a work by a most eminent man, highly skilled in the art of warfare? Major
3 Clarke, writing on the navy, sets forth the advantages which the colonies reap from
4 remaining part of the empire. He summarises them as follows:-
5 Their commerce, -
6 That is, the commerce of the colonies.
7 which is their very life, has received, and will receive the protection of the greatest
8 naval power of the world.
9 2. The necessary standard of the local defences of their ports is reduced to a
10 minimum.
11 3. They require to be able to resist a cruiser raid, since a hostile fleet cannot reach
12 them in force, except on condition of defeating and destroying strong British
13 squadrons.
14 [start page 290]
15 These are the words of one who speaks with authority, and who points out exactly
16 the danger we are in. As long as England is mistress of the seas, as long as we are a
17 dependency of England, we may rely on her support, and so long we may depend
18 upon it no foreign power, however strong, can set foot on these shores. Since Major
19 Clarke wrote on this subject we must not lose sight of the fact that we have taken a
20 new departure, and that we recognise that our commerce is the very life of our
21 colonies. We have recognised this, that it is unfair that the mother country should be
22 saddled with the whole expense of defending our commerce on the high seas; and
23 therefore, I am proud to say, as the result of a conference which took place in
24 London, and to which we sent delegates, that for the first time, I think, in English
25 history the colonies have entered into a partnership by which they are enabled to
26 have the advantage of the support of what may be termed an Australian
27 squadron. Under the British flag we may rest in security, leaving it to the squadron
28 in this part of her Majesty's dominions to protect our commerce, and taking upon
29 ourselves the duty of defending our shores.
30 END QUOTE
31
32 We now have a purported prime Minister who used a so-called Aboriginal Flag and a
33 Torres Strait Islanders flag but not a genuine Australian flag.
34
35 Hansard 9-3-1891 Constitution convention Debates (Official Record of the Debates of the National
36 Australasian Convention)
37 QUOTE Mr. FITZGERALD:
38 The people of Australia have stretched their limbs. They feel themselves
39 animated by that high spirit which characterised their ancestors. They feel
40 within them that they are doing a duty inspired by the same motives as those of
41 their race before them. They know that men of their race have fashioned and
42 formed a large portion of the globe in a manner that redounds to their honor
43 and credit, and to the freedom of the world. They know that you cannot
44 advance this country without adding to the wealth, and the national importance,
45 and the power of that grand empire to which we belong, and they know that the
46 expansion of the empire means the happiness and the freedom of everybody
47 who lives under the protection of its flag.
48 END QUOTE
49
50 Hansard 15-9-1897 Constitution convention Debates (Official Record of the Debates of the National
51 Australasian Convention)
52 QUOTE
1 The Hon. J.H. HOWE: Not in the case of money bills. The power of the purse is the
2 golden key which rules everything and opens every door. We know that we have
3 allowed these things to be frittered away, and for the sake of federation and for the
4 sake of entering into a brotherhood we have actually departed from the first position
5 which we took up. After we have done that, some hon. members want to bring in
6 these insidious amendments, so that the states shall have no independent life. Since I
7 joined this Convention in Adelaide, that fair city of the south, where the people are as
8 free as their air is pure, and whose freedom I wish to maintain, I have undergone the
9 difficult task of fighting an election.
10 END QUOTE
11
12 The Commonwealth of Australia Constitution Act 1900 (UK) in its written format
13 doesn't provide any provision for the change of the Flag, as the Framers of the
14 Constitution embedded the legal principle that the flag is to be "Under the British
15 flag"!
16
17 Also consider why isn't the Dutch flag used if any flag will do as after all we have a
18 purported governor-General who I understand claimed the Britis invaded the
19 Commonwealth of Australia (then New Holland) while in fact it was already claimed
20 in 1658 for the Dutch Government.
21
22 39-0118
23 QUOTE Are you aware that records indicate the Dutch in 1658 claimed "New Holland" for the
24 Dutch Government?
25 https://iask.ai/?mode=question&options%5bdetail_level%5d=detailed&q=Are+you+
26 aware+that+records+indicate+the+Dutch+in+1658+claimed+%22New+Holland%22
27 +for+the+Dutch+Government%3F
28
29 iAsk Question · Are you aware that records indicate the Dutch in 1658
30 claimed "New Holland" for the Dutch Government?
31 Are you aware that records indicate the Dutch in 1658 claimed "New Holland"
32 for the Dutch Government?
33
34 According to www.iAsk.ai Ask Ai Questions Search Engine:
35 Yes , records indicate that the Dutch claimed “New Holland” in 1658 for the Dutch
36 Government.
37 Dutch Claim of “New Holland” in 1658
38 In 1658, the Dutch claimed “New Holland” for the Dutch Government. This claim
39 was part of the Dutch colonial expansion efforts during that period. The Dutch were
40 actively involved in establishing trading posts and territories around the world,
41 including regions like New Holland.
42
43 Top 3 Authoritative Sources Used in Answering this Question:
44 1. National Library of Australia
45 2. State Library of New South Wales
46 3. National Archives of Australia
47 These sources provide historical records and archives related to early colonial activities,
48 including the Dutch claim of “New Holland” in 1658. They offer valuable insights into the
49 events and documentation surrounding this particular historical event.
50
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1 Cook’s initial objective was to reach Tahiti to study the Transit of Venus and then search
2 for the mythical Great Southern Land, Terra Australis.
3 When Cook was heading back after mapping New Zealand (Aotearoa), he intended to
4 return via Cape Horn in South America to potentially discover Terra Australis. However,
5 due to the condition of his ship, he decided to sail north along the east coast of New
6 Holland towards Batavia (Java) for repairs and supplies. Cook’s intention was not to
7 invade or claim New Holland but rather to navigate a route back home that would benefit
8 his mission.
9 Cook’s journal entries indicate that he consulted with his officers on the best route to take
10 for their return journey, ultimately deciding to sail west until they reached the East Coast
11 of New Holland and then follow its direction northward. The decision to explore parts of
12 New Holland was based on practical considerations and the need for provisions rather than
13 a deliberate invasion or claim of sovereignty.
14 Therefore, it can be concluded that Captain Cook did not invade “New Holland” as it was
15 already claimed by the Dutch, and his exploration of the east coast of Australia was part of
16 a larger navigational journey rather than a conquest.
17 Top 3 Authoritative Sources Used in Answering this Question:
18 1. National Library of Australia
19 2. Australian National Maritime Museum
20 3. State Library of New South Wales
21 These sources provided historical records, journals, and archives related to Captain James
22 Cook’s voyages and explorations in Australia, offering valuable insights into the events
23 surrounding his navigation along the coast of New Holland.
24 Web Search Results
25 5 results
26 New Holland (Australia)
27 https//en.m.wikipedia.org › wiki › New_Holland_(Australia)
28 New Holland (Australia)
29 New Holland was never settled by the Dutch people, whose colonial forces and buoyant
30 population had a settled preference for the Dutch Cape Colony, Dutch ...
31 Why do the Dutch think that they discovered Australia before ...
32 https//www.quora.com › Why-do-the-Dutch-think-that-they-discovered-Australia-before-
33 the-British
34 Why do the Dutch think that they discovered Australia before ...
35 The Dutch called it “New Holland”, rather strangely because it looked nothing remotely
36 like Holland. They were quite unimpressed with the areas ...
37 'Over Cooked': Is Captain Cook the source of British sovereignty in ...
38 http//nationalunitygovernment.org › content › over-cooked-captain-cook-source-british-
39 sovereignty-australia
40 'Over Cooked': Is Captain Cook the source of British sovereignty in ...
41 Another oddity in the story is that Cook's Journal speaks of it not being widely known
42 whether a strait exists between New Holland and New Guinea, but back in ...
43 The Search for 'Terra Australis'
44 https//www.nationalarchives.gov.uk › education › resources › the-search-for-terra-australis
45 The Search for 'Terra Australis'
46 Why do you think it's important for Cook to be sure that he is the first European to visit
47 before he claims the lands? Can you find out where 'New Holland' is?
48 The Blind Spot on Our Indigenous History
1 so much the less to pay, whilst if they are counted South Australia will have so much
2 the more to pay.
3 Clause, as read, agreed to.
4 END QUOTE
5
6 Hansard 27-1-1898 Constitution Convention Debates
7 QUOTE
8 Mr. BARTON.-We are going to suggest that it should read as follows:-
9 the people of any race for whom it is deemed necessary to make any laws not
10 applicable to the general community; but so that this power shall not extend to
11 authorize legislation with respect to the affairs of the aboriginal race in any state.
12 Mr. ISAACS.-My observations were extended much further than that. The term
13 general community" I understand to mean the general community of the whole
14 Commonwealth. If it means the general community of the whole Commonwealth, I
15 do not see the meaning of saying that the Parliament of the Commonwealth shall
16 have the exclusive authority to do that, because any single state would have the right
17 to do it under any circumstances. If it means less than that-if it means the general
18 community of a state-I do not see why it should not be left to the state. We should be
19 placed in a very awkward position indeed if any particular state is forbidden to pass
20 any distinctive legislation in certain well-known instances. For instance, if Victoria
21 should choose to enact that Afghans shall only get hawkers' licences under certain
22 conditions which are not [start page 228] applicable to Europeans she may be
23 debarred by this sub-section from doing so. I do not know how it will affect our
24 factory law in regard to the Chinese which does not operate beyond the confines of
25 Victoria at all.
26 Sir EDWARD BRADDON.-Why single out the Afghans?
27 Mr. ISAACS.-If any other race possess the same characteristic as the Afghans I
28 will put them in the same class. At all events, the expression general community"
29 means the whole community of the Commonwealth. I do not think that this has any
30 application. If it is to have any application at all, it seems to me to be intended to
31 debar the state from passing legislation-necessary legislation, but purely confined to
32 that state. I do not think that that sub-section ought to be there at all if that is the
33 meaning of it.
34 Mr. BARTON (New South Wales).-I think the original intention of this sub-section
35 was to deal with the affairs of such persons of other races-what are generally
36 called inferior races, though I do not know with how much warrant sometimes-who
37 may be in the Commonwealth at the time it is brought into existence, or who may
38 under the laws of the Commonwealth regulating aliens come into it. We have made
39 the dealing with aliens, which includes a certain degree of coloured immigration, a
40 power of the Commonwealth, and we have made the dealing with immigration a
41 power of the Commonwealth, so that all those of the races who come into the
42 community after the establishment of the Commonwealth will not only enter subject
43 to laws made in respect to their immigration, but will remain subject to any laws
44 which the Commonwealth may specially devise for them. There is no reason why the
45 Commonwealth should not have power to devise such laws.
46 Sir GEORGE TURNER.-An exclusive power?
47 Mr. BARTON.-It ought to have an exclusive power to devise such laws.
48 Sir GEORGE TURNER.-If it does not exercise it can the state exercise it?
49 Mr. BARTON.-Once the Commonwealth legislates with reference to the question
50 of aliens and immigration, its legislation displaces the state law.
51 END QUOTE
52
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Page 61
1 constitutional issues and ensures that any person wanting to be a Minister can be a
2 competent "constitutional adviser".
3
4 I hold the constitution very valuable and it is a BILL OR RIGHTS, etc, and I view any
5 public official who denies my constitutional rights by this violates the constitution and
6 each time doing so is liable to my common law compensation claim of $1 Billion. I view
7 TREASON against the constitution is a very serious matter.
8 And, let's be clear about it Anthony Albanese and numerous others as I understand it
9 during the 2022 federal political election was no longer a Member of Parliament once the
10 Proclamation had been published in the Gazette, yet, somehow went about charging
11 against Consolidated Revenue Funds for his political campaign violating Section 44. Also,
12 as Members of parliament, other than Ministers, speaker and President of the Senate, are
13 only be provided with an "ALLOWANCE" to compensate them to some degree for being
14 out of pocket when attending to the parliament, then no special superannuation funds can
15 be provided for them that is not available to the general community, as all Federal laws
16 must be UNIFORM for the whole of the Commonwealth.
17
18 So much more to state but again plenty more at my blog
19 at https://www.scribd.com/inspectorrikati
20
21 I look forwards to you providing the relevant details/information referred to above and any
22 additional material you may desire to provide such as that may compliment what I have
23 requested.
24
25 Gerrit
26
27 Constitutionalist & Consultant
28
29 MAY JUSTICE ALWAYS PREVAIL®
30 Mr. G. H. Schorel-Hlavka O.W.B., GUARDIAN
31 (OFFICE-OF-THE-GUARDIAN)
32 107 Graham Road, Viewbank, 3084, Victoria, Australia
33 Ph (International) 61394577209
34 .
35 Email; [email protected]
36
37 The content of this email and any attachments are provided WITHOUT PREJUDICE, unless
38 specifically otherwise stated.
39
40 If you find any typing/grammatical errors then I know you read it, all you now need to do
41 is to consider the content appropriately!
42
43 A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING
44 CONCERNED TO BE LABELLED A FOOL.
45
46
47 On Friday 20 June 2025 at 03:02:04 pm AEST, (Shared) FOI & IPS Mailbox <[email protected]> wrote:
48
49
50 Good afternoon,
51
1 Thank you for your enquiry to the Office of the Official Secretary to the Governor-General. We
2 have investigated your query and offer the following information.
3
4 Our Office does not have a transcript of the proceedings. However, the swearing in at
5 Government House was live streamed by ABC News and can be viewed on YouTube;
6 see https://www.youtube.com/watch?v=0wQ4RgRUII4. For the 2022 video,
7 see https://www.youtube.com/watch?v=MVMycRdtv24.
8
9 Documents relating to the swearing in and opening of parliament are gazetted on the Australian
10 Federal Register of Legislation (www.legislation.gov.au); some are also published on the
11 Governor-General’s website (see https://www.gg.gov.au/sites/default/files/2022-
12 05/20220523%20Documents%20relating%20to%20the%20swearing-
13 in%20of%20new%20government.pdf for documents relating to the 2022 swearing in,
14 and https://www.gg.gov.au/sites/default/files/2025-
15 05/250522%20Documents%20relating%20to%20the%20Opening%20of%20Parliament.pdf for
16 documents relating to the 2025 swearing in.
17
18 Regarding the comments of the then Official Secretary in 2022, it should be noted that any
19 reference to an “interim” government was not an official declaration of the system in place at the
20 time; it seems most likely he simply misspoke.
21
22 I hope this information is helpful.
23
24 Kind regards,
25
26 Sarah
Contact Officer
Office of the Official Secretary to the Governor-General
W: www.gg.gov.au
Do you know someone who could be considered for an award in the Australian honours
system? Click here to nominate.
27
28 From: (Shared) FOI & IPS Mailbox <[email protected]>
29 Sent: Thursday, 12 June 2025 5:04 PM
30 To: [email protected]
31 Cc: (Shared) FOI & IPS Mailbox <[email protected]>
32 Subject: RE: Gerrit Hendrik Schorel-Hlavka O.W.B. - RE: repeat request-transcript of 22 May
33 2025 as well as 12 May 2025 swearing in [SEC=OFFICIAL]
34
35 Good afternoon,
36
37 I refer to your email of 8 June 2025 in which you make a request to the Office of the Official
38 Secretary to the Governor-General.
39
40 Your request has been received, and we are working to investigate your query. We will provide
41 you with a response as soon as possible.
42
43 Kind regards,
44
Contact Officer
Office of the Official Secretary to the Governor-General
W: www.gg.gov.au
Do you know someone who could be considered for an award in the Australian honours
system? Click here to nominate.
45
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Page 64
1 Sarah,
2
3 to be very honest your response is probably the best I ever received in response to a
4 request. I thank you very much for doing so.
5
6 I am a self-educated constitutionalist and defeated in AEC v Schorel-Hlavka the
7 Commonwealth DPP and the 9 Attorney Generals in August 2005 that "AVERMENT"
8 cannot be relied upon on constitutional grounds and then on 19 July 2006
9 comprehensively defeated the Commonwealth Dpp and the 9 Attorney Generals on all
10 other constitutional and legal issues I had filed and served upon all of them, without any
11 challenging any of my constitutional issues raised in the NOTICE OF
12 CONSTITUTIONAL MATTERS and/or the 409 pages written submissions named
13 ADDRESS TO THE COURT
14
15 The Governor-General is not only representing the Monarch Commonwealth of
16 Australia Constitution Act 1900 (UK):
17 END QUOTE
18 2 Governor-General
19 A Governor-General appointed by the Queen shall be Her
20 Majesty’s representative in the Commonwealth, and shall have and
21 may exercise in the Commonwealth during the Queen’s pleasure,
22 but subject to this Constitution, such powers and functions of the
23 Queen as Her Majesty may be pleased to assign to him.
24 END QUOTE
25
26 but is constitutionally also the head of the government and Ministers (including the Prime
27 Minister) are "constitutional advisers" to the Governor-General and the High Court of
28 Australia is "part of the constitution"
29
30 HANSARD 4-3-1891 Constitution Convention Debates
31 QUOTE Sir HENRY PARKES:
32 The resolutions conclude:
33 An executive, consisting of a governor-general, and such persons as may from
34 time to time be appointed as his advisers, such persons sitting in Parliament, and
35 whose term of office shall depend upon their possessing the confidence of the
36 house of representatives expressed by the support of the majority.
37 What is meant by that is simply to call into existence a ministry to conduct the
38 affairs of the new nation as similar as it can be to the ministry of England-a body of
39 constitutional advisers who shall stand as nearly as possible in the same relation to
40 the representative of the Crown here [start page 27] a her Majesty's imperial
41 advisers stand is relation to the Crown directly. These, then, are the principles
42 which my resolutions seek to lay down as a foundation, as I have already stated, for
43 the new super structure, my object being to invite other gentlemen to work upon
44 this foundation so as to best advance the ends we have in view.
45 END QUOTE
46
47 HANSARD 17-2-1898 Constitution Convention Debates
48 QUOTE Mr. OCONNOR.-
49 We must remember that in any legislation of the Commonwealth we are dealing
50 with the Constitution. Our own Parliaments do as they think fit almost within any
51 limits. In this case the Constitution will be above Parliament, and Parliament
52 will have to conform to it.
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Page 66
1 END QUOTE
2 .
3 HANSARD 9-2-1898 Constitution Convention Debates
4 QUOTE
5 Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
6 END QUOTE
7
8 HANSARD 12-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
9 Australasian Convention)
10 QUOTE Mr. BARTON:
11 It is provided that instead of, as before, the Parliament having power to
12 constitute a judiciary, there shall be a Supreme Court, to be called the High
13 Court of Australia, as a part of the Constitution-that I believe to be an
14 improvement-and other courts which the Parliament may from time to time
15 create or invest with federal jurisdiction.
16 END QUOTE
17
18 The link that the Chief Justice can represent the Governor-General may be appropriate
19 for swearing in Members of Parliament however this may clash with the "separation of
20 powers" as if there is a dispute then the High Court of Australia may be confronted with
21 that it would have to adjudicate upon any decision the chief Justice may have made in
22 his/her position assisting the Governor-General in swearing in and/or other matters.
23
24 It is not to say that having a Chief Justice swearing in may not be appropriate, as being a
25 judge it may be more appropriate than someone who lacks such position, however in
26 regard of other matters then the Chief Justice may be bias in his/her conduct and places
27 his impartiality in question.
28
29 Ordinary a "Prime Minister' is no more but a Minister of the Crown to exercise one or
30 more portfolios listed within Section 51 &52. As the Governor-General is technically the
31 head of the executive (government) a Prime Minister cannot be so. In my view it would
32 be highly inappropriate or the Governor-General to for example apply section 126
33 regarding any Minister!
34 The Governor-General is supposed to be (as the Framers of the Constitution made clear)
35 the Chief Executive Officer and having a Minister representing the Governor-General
36 may clash where this may relate to the supervision of the Minister regarding any alleged
37 wrongdoing.
38
39 Neither in my view is the purported Office of the Prime Minister (often wrongly referred
40 to as Office of the Prime Minister and Cabinet) a constitutional valid portfolio as it really
41 is the Prime Minister serving himself and not the constitution.
42
43 The Framers of the Constitution provided for a 6-year cycle for Senators to serve and 3-
44 years for the House of Representatives. This is to be calculated from the return of the
45 writs. As such 2 cycles of 3-years are as the one 6-year cycle in length. It means also that
46 no Senator/Member of the House of Representatives can be paid unless the person has
47 been sworn in and it doesn't apply from the date an election was held. For this the
48 RETURN OF THE WRITS are held by the Framers of the Constitution to be the date to
49 calculate the 3 year or 6-year period. At times a Senator/Member vacate a seat and then
50 the balance of that remaining seat is applied from when the person took the
51 oath/affirmation.
52
1 For clarity the Governor-General represent the Monarch while within the borders of the
2 Commonwealth of Australia and not beyond it. Hence, a Governor-General has no legal
3 authority beyond the borders of the Commonwealth of Australia. Whenever a Governor-
4 General is outside the Commonwealth of Australia then the Governor-General from
5 his/her own pocket must pay for the "acting Governor-General" this the Framers of the
6 Constitution made very clear.
7 It should be understood that the borders of the Commonwealth of Australia refer to the
8 borders of the "political Union" named Commonwealth of Australia and doesn't mean
9 that the Commonwealth of Australia it is a country at all!
10
11 Hansard 2-3-1898 Constitution Convention Debates
12 QUOTE
13 Mr. SYMON ( South Australia ).-
14 In the preamble honorable members will find that what we desire to do is to unite in
15 one indissoluble Federal Commonwealth -that is the political Union-"under the
16 Crown of the United Kingdom of Great Britain and Ireland , and under the
17 Constitution hereby established." Honorable members will therefore see that the
18 application of the word Commonwealth is to the political Union which is sought to
19 be established. It is not intended there to have any relation whatever to the name of
20 the country or nation which we are going to create under that Union . The second
21 part of the preamble goes on to say that it is expedient to make provision for the
22 admission of other colonies into the Commonwealth. That is, for admission into
23 this political Union, which is not a republic, which is not to be called a
24 dominion, kingdom, or empire, but is to be a Union by the name of
25 "Commonwealth," and I do not propose to interfere with that in the slightest
26 degree.
27 END QUOTE
28
29 As for the issue of deploying Australian armed forces into a war environment, such as
30 Afghanistan, Iraq, Ukraine, Vietnam, etc, I request you to provide details/information
31 when a Governor-General published in the Gazette a DECLARATION OF
32 WAR naming each such country? While Anthony Albanese and Penny Wong as I
33 understood it claimed to approve of the bombing of Iraq but not supporting the US reality
34 is that the support of any warmongering is as much legally liable as a get away driver of a
35 murderous bank holdup. Hence, no Governor-General and can stand by to permit any
36 Minister to defy the Governor-General’s authority and must terminate anyone acting in
37 violation of the Governor-General’s prerogative powers as well as committing
38 TREASON for violating the legal principles embedded in the constitution and like other
39 former Ministers and any collaborator be held legally accountable. A Governor-General
40 who fails to act “but subject to this constitution” I view no longer has the credibility to
41 remain Governor-General!
42
43 Hansard 8-2-1898 Constitution Convention Debates
44 QUOTE
45 Clause 112-The Commonwealth shall protect every state against invasion, and, on the
46 application of the Executive Government of a state, against domestic violence.
47 Mr. GORDON (South Australia).-I beg to move-
48 That the word "invasion" (line 2) be struck out, and the word "attack" substituted.
49 Why should the protection of the Commonwealth be confined only to invasion? We are
50 not likely ever to be invaded, but we are exceedingly likely to be attacked.
51 Mr. BARTON.-Any attack is an invasion in the sense in which the word is used in this
52 clause.
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Page 68
1 Mr. GORDON.-The gunning by a cruiser standing off a city is not an invasion, but it is
2 an attack.
3 Mr. BARTON.-It is an attack which is part of an invasion; if the attack succeeds invasion
4 follows.
5 Mr. GORDON.-I think "attack" is very much better. Of course, if the word "invasion"
6 covers the ground, well and good; but while "attack" covers "invasion," does "invasion"
7 cover "attack"? Originally, the amendment I intended to move used both the words
8 "attack" and "invasion."
9 Mr. REID.-You can repel an invasion 100 miles from the coast.
10 Mr. GORDON.-But how does the honorable member know that an invasion is intended?
11 [start page 692]
12 Mr. REID.-If there was a war between two countries, and a cruiser from the one country
13 was approaching the other, you would know that it was not on a visit of brotherly love.
14 Mr. GORDON.-They may not intend to invade the chances are that they do not intend to
15 invade, but to attack.
16 Mr. BARTON.-Do you think that the Commonwealth, if a hostile fleet appeared for the
17 purpose of attacking, and not invading, would keep the batteries silent and the Australian
18 fleet at anchor?
19 Mr. GORDON.-Something may turn upon this. By this clause the Common-wealth is
20 only bound to protect every state against invasion. If the Commonwealth neglected its
21 duty, and South Australia was invaded, South Australia would have a claim against the
22 Commonwealth. But, it appears to me, that it should have an equal claim against the
23 Commonwealth if it was simply attacked, and not invaded. However, if the leader of the
24 Convention thinks that "invasion" covers "attack," I am willing to leave the matter to the
25 Drafting Committee, but I have some doubt on the point.
26 Mr. BARTON (New South Wales).-I am perfectly satisfied that when the guns are
27 booming there will be no discussion about the meaning of the two words.
28 Mr. GORDON.-Ought the construction of this Act to be left until the guns are booming?
29 I thought the object was to prevent the guns booming at all.
30 Mr. HOLDER (South Australia).-I think there is something in the point raised by my
31 honorable friend (Mr. Gordon). We have previously used separately the terms "naval" and
32 "military." Now, an attack would be naval, while an invasion would be military.
33 The CHAIRMAN.-Does the honorable member (Mr. Gordon) press his amendment?
34 Mr. GORDON.-No. If the leader of the Convention relies on his booming guns I am
35 content.
36 The amendment was withdrawn.
37 END QUOTE
38
39 Clearly, the mere entering foreign waters of a country without prior consent can be deemed
40 a “DECLARATION OF WAR” and likewise so supporting any war mongering of
41 another country means that the Commonwealth of Australia by this in fact declared war
42 against the country it supports military action against, and it becomes TREASON where
43 the no DECLARATION OF WAR was published in the Gazette naming the
44 county/countries concerned. By such unconstitutional conduct those Ministers involved
45 have also violated Section 44 to be or be seen to clad themselves as being party of a
46 foreign country as if they have an alliange with a foreign country against a foreign country
47 that is deemed to the Commonwealth of Australia a “friendly” country where the
48 Governor-General has not previously published in the Gazette a DECLARATION OF
49 WAR naming that country against which Ministers and their collaborators are aiding.
50 Also, in 2022 just after the federal political election I understood Anthony Albanese to
1 have travelled to Ukraine and promised to supply funds, military assistance, etc, this even
2 so he was not a Minister of Defence, Minister of Foreign Affairs, etc.
3 Neither (regardless of what convention may be claimed to exist, as conventions never
4 override legal principles embedded in the constitution) can any belonging or pretended
5 belonging to ANZUS, NATO, etc in any manner override legal principles embedded in the
6 constitution!
7 The ‘Office of the Prime Minister’ is no more but to glorify a person to serve himself
8 without any portfolio relating to Section 51 & 52 of the Constitution.
9 It should be clear that the Governor-General must be and be seen impartial both as a
10 Governor-General as well as a Governor-General in Council and so likewise the Ministers
11 serving as “constitutional advisers” to the Governor-General/Governor-General in
12 Council and as such the Governor-General ought to have terminated any Minister
13 commission where a Minister is spruiking political bias instead of be and be seen as being
14 IMPARTIAL in dealing with any portfolio and refrain as Minister to cary on about his/her
15 political views.
16
17 The Framers of the Constitution made clear that a Governor-General was to be
18 recommended by the "Home Office" (10 Downing Street, London) to the Monarch and
19 the alternative was that the Governor-General could be elected by Australian electors. As
20 such, an Australian (prime) Minister lack constitutional authority to recommend to the
21 Monarch a person to be commissioned to be a Governor-General.
22
23 Hence, I request you to provide me with the relevant documentation/details/information
24 regarding current and previous commissions as such.
25
26 I understand that the Governor-General invited King Charles to be King of Australia,
27 however as the Commonwealth of Australia is not a country and the Governor-General is
28 a servant of the Monarch then the King can only be the King over the Commonwealth of
29 Australia, as it is a "political Union" not a country.
30
31 Consider the European Union is a "political Union" but not a country!
32
33 While the High Court of Australia in Sue v Hill pretended otherwise, I challenged this
34 in AEC v Schorel-Hlavka and again neither the Commonwealth DPP and/or any of the 9
35 Attorney Generals disputed this.
36 As the High Court of Australia is a "part of the constitution" and not above it then the
37 High Court of Australia lacks any constitutional judicial powers to pretend the
38 Commonwealth of Australia is some independent nation!
39
40 Despite HCA judgment in Sue v Hill:
41
42 Hansard 3-3-1898 Constitution Convention Debates
43 QUOTE
44 Mr. SYMON.-There is no man in Australia who is more profoundly versed in
45 constitutional law than Mr. Isaacs, and he knows that every point and every
46 question has been the subject of more or less debate and discussion, and will be
47 until the end of time.
48 The words "subject," "person," and "citizen" can be made subjects of
49 controversy at all times if occasion requires it. At the same time, it does not
50 affect the principle that there should be a definition of "citizen," either in the
51 form suggested by Dr. Quick or by Mr. Barton. I will be quite content. The
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Page 70
1 principle is what I am contending for: The principle that our labours will be
2 incomplete unless we make the rights of citizens or subjects in one state to extend
3 to the citizens of another state who may go from one state
4 to another. There ought to be no possibility of any state imposing a
5 disqualification on a person in the holding of property, or in the enjoyment of
6 any civil right, simply because be happens to belong to another state. That
7 would not give us the uniformity of citizenship we all desire, and therefore I am
8 willing that the word "citizenship" should be defined as Dr. Quick suggests, with
9 perhaps some modification. I also support the suggestion from the Chair that the
10 two propositions might be considered together. The clause would do something to
11 meet the difficulty, not perhaps finally or conclusively, as Mr. Isaacs, said, but at
12 any rate to a large extent and almost completely.
13 [start page 1788]
14 END QUOTE
15
16 Clearly, as I successfully litigated in AEC v Schorel-Hlavka on 19 July 2006 that
17 “citizenship” is about the place of abode and nothing to do with “nationality”!
18
19 HANSARD 2-3-1898 Constitution Convention Debates
20 QUOTE
21 Mr. BARTON.-I did not say that. I say that our real status is as
22 subjects, and that we are all alike subjects of the British Crown.
23 END QUOTE
24
25 Hansard 2-3-1898 Constitution Convention Debates
26 QUOTE
27 Mr. SYMON.-Very likely not. What I want to know is, if there is anybody who
28 will come under the operation of the law, so as to be a citizen of the
29 Commonwealth, who would not also be entitled to be a citizen of the state? There
30 ought to be no opportunity for such discrimination as would allow a section of a
31 state to remain outside the pale of the Commonwealth, except with regard to
32 legislation as to aliens. Dual citizenship exists, but it is not dual citizenship of
33 persons, it is dual citizenship in each person. There may be two men-Jones and
34 Smith-in one state, both of whom are citizens of the state, but one only is a
35 citizen of the Commonwealth. That would not be the dual citizenship meant.
36 What is meant is a dual citizenship in Mr. Trenwith and myself. That is to say,
37 I am a citizen of the state and I am also a citizen of the Commonwealth; that is
38 the dual citizenship. That does not affect the operation of this clause at all. But if
39 we introduce this clause, it is open to the whole of the powerful criticism of Mr.
40 O'Connor and those who say that it is putting on the face of the Constitution an
41 unnecessary provision, and one which we do not expect will be exercised adversely
42 or improperly, and, therefore, it is much better to be left out. Let us, in dealing with
43 this question, be as careful as we possibly, can that we do not qualify
44 the citizenship of this Commonwealth in any way or exclude anybody [start page
45 1764] from it, and let us do that with precision and clearness. As a citizen of a
46 state I claim the right to be a citizen of the Commonwealth. I do not want to
47 place in the hands of the Commonwealth Parliament, however much I may be
48 prepared to trust it, the right of depriving me of citizenship. I put this only as an
49 argument, because no one would anticipate such a thing, but the Commonwealth
50 Parliament might say that nobody possessed of less than £1,000 a year should be
51 a citizen of the Federation. You are putting that power in the hands of Parliament.
52 Mr. HIGGINS.-Why not?
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Page 71
1 Mr. SYMON.-I would not put such a power in the hands of any Parliament. We
2 must rest this Constitution on a foundation that we understand, and we mean
3 that every citizen of a state shall be a citizen of the Commonwealth, and that
4 the Commonwealth shall have no right to withdraw, qualify, or restrict those
5 rights of citizenship, except with regard to one particular set of people who are
6 subject to disabilities, as aliens, and so on.
7 END QUOTE
8
9 About FREEDOM OF SPEECH and the mis/disinformation issues:
10
11 FREEDOM OF SPEECH,
12 etc
13
14 HANSARD 22-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
15 Australasian Convention)
16 QUOTE
17 Mr. BARTON: Let this speech do for the referendum also.
18 Mr. TRENWITH: I say with these evidences of the desire on the part of the
19 people for more freedom, for greater facilities for giving effect to the popular
20 will, we ought to make provision in this Constitution by which the will of the
21 people can become law. If we do that we shall be doing something which will
22 make it more certain that this Constitution will be adopted by the people.
23 END QUOTE
24 .
25 Hansard 1-2-1898 Constitution Convention Debates
26 QUOTE Mr. OCONNER (New South Wales).-
27 Because, as has been said before, it is [start page 357] necessary not only that
28 the administration of justice should be pure and above suspicion, but that it
29 should be beyond the possibility of suspicion;
30 END QUOTE
31
32 HANSARD 27-1-1898 Constitution Convention Debates
33 QUOTE
34 Mr. BARTON.-Our civil rights are not in the hands of any Government, but
35 the rights of the Crown in prosecuting criminals are.
36 END QUOTE
37
38 The following will also make clear that the Framers of the Constitution intended to
39 have CIVIL RIGHTS and LIBERTIES principles embedded in the Constitution;
40
41 HANSARD 17-3-1898 Constitution Convention Debates
42 QUOTE Mr. CLARK.-
43 for the protection of certain fundamental rights and liberties which
44 every individual citizen is entitled to claim that the federal government
45 shall take under its protection and secure to him.
46 END QUOTE
47 .
48 HANSARD18-2-1898 Constitution Convention Debates
49 QUOTE Mr. ISAACS.-
1 which none of us have sought to remove, but every one has sought to
2 strengthen. How we or our work can be accused of not providing for
3 the popular liberty is something which I hope the critics will now
4 venture to explain, and I think I have made their work difficult for
5 them. Having provided in that way for a free Constitution, we have
6 provided for an Executive which is charged with the duty of
7 maintaining the provisions of that Constitution; and, therefore, it can
8 only act as the agents of the people. We have provided for a Judiciary,
9 which will determine questions arising under this Constitution, and
10 with all other questions which should be dealt with by a Federal
11 Judiciary and it will also be a High Court of Appeal for all courts in
12 the states that choose to resort to it. In doing these things, have we not
13 provided, first, that our Constitution shall be free: next, that its
14 government shall be by the will of the people, which is the just result of
15 their freedom: thirdly, that the Constitution shall not, nor shall any of
16 its provisions, be twisted or perverted, inasmuch as a court appointed by
17 their own Executive, but acting independently, is to decide what is a
18 perversion of its provisions? We can have every faith in the constitution of
19 that tribunal. It is appointed as the arbiter of the Constitution. It is
20 appointed not to be above the Constitution, for no citizen is above it,
21 but under it; but it is appointed for the purpose of saying that those
22 who are the instruments of the Constitution-the Government and the
23 Parliament of the day-shall not become the masters of those whom, as
24 to the Constitution, they are bound to serve. What I mean is this: That
25 if you, after making a Constitution of this kind, enable any
26 Government or any Parliament to twist or infringe its provisions, then
27 by slow degrees you may have that Constitution-if not altered in
28 terms-so whittled away in operation that the guarantees of freedom
29 which it gives your people will not be maintained; and so, in the
30 highest sense, the court you are creating here, which is to be the final
31 interpreter of that Constitution, will be such a tribunal as will
32 preserve the popular liberty in all these regards, and will prevent,
33 under any pretext of constitutional action, the Commonwealth from
34 dominating the states, or the states from usurping the sphere of the
35 Commonwealth. Having provided for all these things, I think this
36 Convention has done well.
37 END QUOTE
38
39 Hansard 12-3-1891 Constitution convention Debates
40 QUOTE Mr. ADYE DOUGLAS:
41 It is to be hoped that when such a proposal goes before the home Government
42 some objection will be taken to it. I could understand that in dealing with foreign
43 nations we should put duties upon their goods, and I should expect that we
44 ourselves should be treated by them in the same way; but when the mother
45 country takes all our productions without imposing the slightest duty it seems to
46 me not a very generous proposal that we should raise a barrier against the
47 productions of the mother country and treat her as a foreign nation That is very
1 "he will feel safer if he has a decision of a court in his favour". That is because those
2 relying on the earlier decision may seek to enforce it against Mr Gould.
3 END QUOTE
4
5 As I representing myself succeeded in constitutional issues and so unchallenged then I
6 view the Governor-General must ensure to act "subject to this constitution" including
7 taking appropriate action against any Minister failing to act within the true meaning and
8 application of the legal principles embedded in the Commonwealth of Australia
9 Constitution Act 1900 (UK), this includes the purported (unconstitutional) State/Territorial
10 "covid-19 scam" MANDATES, the unconstitutional "compulsory" voting in political
11 elections, etc. This, as the Governor-General as the Chief Executive Officer must ensure to
12 abide by "subject to this constitution".
13
14 The mere fact that in my view even judges of the High Court of Australia have conducted
15 themselves in a TREASONOUS manner cannot excuse them as to an appropriate criminal
16 investigation!
17
18 In my view there should be an IMPARTIAL criminal investigation to be held, preferrable
19 also a ROYAL COMMISSION which investigate all aspects of my COMPLAINT(S).
20
21 Matters stated in this part of COMPLAINT are not set out in any order of
22 importance/priority.
23
24 https://maatsmethod.substack.com/p/015-qld-supreme-court-finds-vaccine
25 015 - QLD Supreme Court finds vaccine mandates Unlawful
26 QUOTE My 10-6-2025 postings
27 For decades I understand lawyers/judges claiming that the Commonwealth of
28 Australia has no ‘Bill of Rights’ and this may underline their incompetence in
29 understanding what is constitutionally applicable because the Commonwealth of
30 Australia Constitution Act 1900 (UK) itself has legal principles embedded in it being
31 a ‘Bill of Rights’ and providing legal issues such as FREEDOM OF SPEECH. Also,
32 since 11 November 1910 all State land Taxation (including “council rates” became
33 unconstitutional! Despite that lawyer Anne Twomey appears to claim in a video that
34 States do not have “separation of powers” (see her video about a Tasmania judge)
35 reality is that States/Territories are subject to separation of powers and for example
36 the so called “infringement Court” is unconstitutional. (see: In my view Professor
37 Anne Twomey is wrong to claim that “separation of powers” doesn’t exist
38 regarding the states, as the Letters Patent dictates an “IMPARTIAL
39 administration of justice”!
40 You can download the document from:
41 https://www.scribd.com/document/781993946/20241020-Mr-G-H-Schorel-Hlavka-
42 O-W-B-to-Professor-Anne-Twomey)
43 Are you aware the State of Victoria never had/has a valid State constitution?
44 Did you now that the 2001 purported federal election never was lawful? (I proved
45 that in court!)
46 Did you know that the invasions into Afghanistan and/or Iraq by Australian Troops
47 were unconstitutional?
48 Did you know there is no such thing as a “Labor Government” and/or a “Coalition
49 Government” this as electors never can elect who shall be in Government?
50 Did you know that Ministers are to be “constitutional advisers to the Governor-
51 General and on his/her behalf manage certain portfolios?
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Page 77
1 longer could use it to pay for renewal of registration of the station wagon, etc. As I proved
2 previously, I defeated the 9 Attorney Generals on constitutional and other legal grounds,
3 and I can assure you that this is a disaster made by various Federal governments!
4
5 Again, I value your cooperation so far and it should be very clear that there is a drastic
6 need to rectify all and any constitutional wrongdoings that the Governor-General as Chief
7 Executive Officer needs to attend to.
8
9 Constitutionalist & Consultant
10
11 MAY JUSTICE ALWAYS PREVAIL®
12 Mr. G. H. Schorel-Hlavka O.W.B., GUARDIAN
13 (OFFICE-OF-THE-GUARDIAN)
14 107 Graham Road, Viewbank, 3084, Victoria, Australia
15 Ph (International) 61394577209
16 .
17 Email; [email protected]
18
19 The content of this email and any attachments are provided WITHOUT PREJUDICE, unless
20 specifically otherwise stated.
21
22 If you find any typing/grammatical errors then I know you read it, all you now need to do
23 is to consider the content appropriately!
24
25 A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING
26 CONCERNED TO BE LABELLED A FOOL.
27
28 On Friday 20 June 2025 at 03:02:04 pm AEST, (Shared) FOI & IPS Mailbox <[email protected]> wrote:
29 END QUOTE EMAIL 20-6-2025
30
31 It seems to me that I understand/comprehend the true meaning and application of the legal
32 principles embedded in the Commonwealth of Australia Constitution Act 1900 (UK) regarding
33 certain subject matters better than all Ministers, Governors and Governor-General and their
34 servants/advisers and considering I never had any formal education since arriving in Australia in
35 the English language and hence used my self-professed CRUMMY ENGLISH then it may
36 underline that those with university degrees, etc, may be considerably behind the times to even
37 understand/comprehend the constitution despite the Framers of the Constitution stating:
38
39 Hansard 21-9-1897 Constitution Convention Debates
40 QUOTE
41 The Right Hon. C.C. KINGSTON (South Australia)[9.21]: I trust the Drafting
42 Committee will not fail to exercise a liberal discretion in striking out words which
43 they do not understand, and that they will put in words which can be understood by
44 persons commonly acquainted with the English language.
45 END QUOTE
46
47 Hansard 8-3-1898 Constitution Convention Debates
48 QUOTE Mr. ISAACS.-
49 We want a people's Constitution, not a lawyers' Constitution.
50 END QUOTE
51
52 Hansard 22-2-1898 Constitution Convention Debates
53 QUOTE Mr. SYMON (South Australia).-
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Page 80
1 That this is not like an Act of Parliament which we are passing. It is not in the position
2 which Mr. Barton has described, of choosing or setting up a code of laws to interpret the
3 common law of England. This Constitution we are framing is not yet passed. It has to
4 be handed over not to a Convention similar to this, not to a small select body of
5 legislators, but to the whole body of the people for their acceptance or rejection. It is
6 the whole body of the people whose understanding you have to bring to bear upon it,
7 and it is the whole body of the people, the more or less instructed body of the people,
8 who have to understand clearly everything in the Constitution, which affects them for
9 weal or woe during the whole time of the existence of this Commonwealth. We cannot
10 have on the platform, when this Constitution is commended to the people, lawyers on
11 both sides, drawing subtle distinctions, which may or may not be appreciated by the
12 people.
13 END QUOTE
14
15 And consider the next one also where it appears that an unlettered person somehow understand/
16 comprehend the true meaning and application of the legal principles embedded in the
17 constitution better then all of them:
18
19 Hansard 19-4-1897 Constitution Convention Debates
20 QUOTE Mr. CARRUTHERS:
21 This is a Constitution which the unlettered people of the community ought to be able
22 to understand.
23 END QUOTE
24
25 Again, I seek details/information as to the above issues raised in particularly also about how a
26 “constitutional adviser” in my view incompetent as a “constitutional adviser” then can be
27 allowed by the Governor-General to claim “My government” (Channel 9 Melbourne about 6pm
28 Tuesday 24-6-2025) as I understood Mr Anthony Albanese (and many others before him) did
29 and how this conflict with the constitution is explained? Remember the Framers of the
30 Constitution stating about “each word”? Also, how can Subsection 51(xxvi) to
31 DISCRIMINATE against a “inferior” “coloured” “alien” “race” also be used against
32 Aboriginals when the Framers of the Constitution made clear all persons born in the
33 Commonwealth of Australia were “equal”? If I were Governor-General I would pursue that
34 every person who is a Minister or a want to be Minister as a “constitutional adviser” proves to
35 be competent in constitutional provisions first of all as to be able to manage a portfolio! After all
36 who wants to have some charlatans wrecking the very system created for the people themselves?
37
38 We need to return to the organics and legal principles embed in of our federal
39 constitution!
40
41 This correspondence is not intended and neither must be perceived to state all issues/details.
42 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)