.

Julia Gillard, Prime Minister 1-1-2011

C/o R.McClelland.MP@aph.gov.au
5 .
Cc: Mr Ted Baillieu, Premier ted.baillieu@parliament.vic .gov.au
.
. Ref; HANDS OF STATE EDUCATION SYSTEM
Julia, I understand from media reports that you have made known to demand that State schools
10 are to be self-governing schools as like private school, and I wish to remind you to the fact that
there is no constitutional power for the Commonwealth to interfere with the State education
system. The Commonwealth of Australia was created as a “POLITICAL UNION” within which
the colonies became States and not mere (as like in Canada) mere province.
http://www.austlii.edu.au/cgi -
15 bin/disp.pl/au/cases/cth/high_ct/1999/27.html?query=%22thi+act+and+all+law+made+by+the+parliament%22#fn50
QUOTE
Constitutional interpretation
The starting point for a principled interpretation of the Constitution is the search for the intention of its
makers[51].
20 END QUOTE
.
Hansard 1-3-1898 Constitution Convention Debates
QUOTE
Mr. WISE.-If the Federal Parliament chose to legislate upon, say, the education question-and the
25 Constitution gives it no power to legislate in regard to that question-the Ministers for the time being in each
state might say-"We are favorable to this law, because we shall get £100,000 a year, or so much a year, from
the Federal Government as a subsidy for our schools," and thus they might wink at a violation of the
Constitution, while no one could complain. If this is to be allowed, why should we have these elaborate
provisions for the amendment of the Constitution? Why should we not say that the Constitution may be
30 amended in any way that the Ministries of the several colonies may unanimously agree? Why have this
provision for a referendum? Why consult the people at all? Why not leave this matter to the Ministers
of the day? But the proposal has a more serious aspect, and for that reason only I will ask permission to
occupy a few minutes in discussing it.
END QUOTE
35 .
I recommend you leave the State education system alone and address rather the issue that more
then 7,000 young invalids are using age care facilities where you failed to provide appropriate
care facilities for them and this in turn caused more then 7,000 age care needed person to occupy
hospital beds awaiting a age care bed to become available and by this the sick are denied some
40 7,000 hospital beds! Surely you would do better to address your constitutional responsibilities
rather then to amount an unconstitutional attack and a gross encroachment upon State rights?
Whatever may or may not be the ills in as State education system they are none of your business
and if you desire so much to address them well you can always stand as a candidate in a State
election and then take it from there but until then do show due and proper respect to State
45 sovereign rights as we have for this out State government to deal with those issues.
.

Awaiting your response, G. H. Schorel-Hlavka

1-1-2011 Page 1
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