20200528-Mr G. H. Schorel-Hlavka O.W.B. To PM MR SCOTT MORRISON-Re Successful Alternative To LOCKDOWN, Etc

Page 1
1
2
3 PM Mr Scott Morrison 28-5-2020
4 Forwarded via email
5
6 20200527-Mr G. H. Schorel-Hlavka O.W.B. to PM Mr SCOTT MORRISON-Re Successful
7 alternative to LOCKDOWN, etc-Supplement 1
8 Scott,
9 Despite of my past writings it appears you either couldn’t care less or your staff simply
10 fails to provide you with appropriate information however I for one like to see you being used as
11 an example that someone aggrieved sues you personally for the harm inflicted.
12 I will below provide some quotations of the Hansard Constitution Convention Debates for the
13 creation of the Commonwealth of Australia Constitution Act 1900 (UK) of which within section
14 106 the states were created “subject to this constitution” and it should be clear that the Framers
15 of the Constitution stated:
16
17 Hansard 7-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
18 Convention)
19 QUOTE Mr. BARTON (New South Wales).-
20
21 I do not think the word quarantine, for instance, which is used in the sub-section of the 52nd clause, is
22 intended to give the Commonwealth power to legislate with regard to any quarantine. That simply applies to
23 quarantine as referring to diseases among man-kind.
24 END QUOTE
25 SEE BELOW MORE ABOUT THIS!
26 .
27 While much might be claimed about scientist/doctors being experts we should not ignore that
28 scientist/doctors often have been proven to be wrong in the past.
29 Australians, that is those eligible to vote for this vote for representatives who once they take up
30 the seat in the Parliament (State/Territory/Federal) then such a Member of Parliament is to
31 represent the interest and wellbeing of the constituency first and then for the wider community.
32
33 This obviously is governed by our principle rule of law named Commonwealth of Australia
34 Constitution Act 1900 (UK). It is this Act within s106, which created the States “subject to this
35 constitution”.
36 .
37 Despite the issues regarding COVID-19 and much against Asian people in particular Chinese
38 persons I for one haven’t change my habits and the fact that a hairdresser appears to be Chinese
39 has not worried me one bit. No matter if one may or may not have an issue with the Chinese
40 Government I do not hold this can be and neither should be translated to affect Chinese or other
41 Asian persons, of whatever nationality they might be.
42 After all when as I view it John Howard and his fellow Ministers authorised the Australian Army
43 to UNCONSTITUTIONALLY invade Iraq this was not because it was constitutionally
44 permitted neither that every Australian may have supported such as I view it mass-murder,
45 crimes against humanity, war crimes, etc, conduct.
28-5-2020 Page 1 © Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI® series by making a reservation, or E-mail
admin@inspector-rikati.com See also www.scribd.com/inspectorrikati
Page 2
1 In “Tucker: America takes a step closer to the truth ” https://www.youtube.com/watch?v=jR5k2RRTFuY it is

2 alleged that newly released details in litigation by people suing the Saudi Government regarding
3 September 11. 2001 attacks on the World Trade Centre that an official of the Saudi Government
4 was known to have been organizing/facilitating the hijackers. Yet, President G. W. Bush was all
5 along blaming then President Saddam Hussein to be involved where clearly the records now
6 prove that it was the Saudi Government. This poses the question did John Howard then know
7 about this and concealed this from others and/or did he brief other members of cabinet about it
8 but they all conspired to deceive the Australian Community? Indeed, if John Howard was left
9 unaware of this then how much can any Australian Government trust the USA?
10
11 https://www.msn.com/en-au/news/australia/china-warns-the-us-will-not-come-to-australias-rescue-during-
12 attack-on-mike-pompeo/ar-BB14Af76?ocid=spartandhp
13 China warns ‘the US will not come to Australia's rescue’ during attack on Mike Pompeo
14
15 Either the USA concealed the truth from the Australian Government or the Australian
16 government concealed the truth from the Australian community but either way there is a problem
17 that one cannot trust those we are supposed to trust.
18
19 https://www.youtube.com/watch?v=mw8uUlrAqVc&list=PLlTLHnxSVuIwmOvGQydmAe8UcdfTvMvQr&
20 index=2&t=0s
21 Texas Lt. Gov. slams Twitter: ‘Stop fact checking opinions’
22 The problem we have with the tech giants is that they are now checking what a person writes or
23 say (video) and then they are deleting anything that doesn’t conform with their own views/goals.
24 In my view this violates the inherited constitutional freedoms of Australians. While I understand
25 that Governments in power would prefer to silence opponents, nevertheless our constitution
26 specifically provides for FREEDOM OF SPEECH, etc.
27 No politician can claim authority over and above the constitution!
28
29 HANSARD 9-2-1898 Constitution Convention Debates
30 QUOTE
31 Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
32 END QUOTE
33
34 Hansard 17-3-1898 Constitution Convention Debates
35 QUOTE Mr. BARTON.-
36 Providing, as this Constitution does, for a free people to elect a free Parliament-giving that people
37 through their Parliament the power of the purse-laying at their mercy from day to day the existence of
38 any Ministry which dares by corruption, or drifts through ignorance into, the commission of any act
39 which is unfavorable to the people having this security, it must in its very essence be a free
40 Constitution. Whatever any one may say to the contrary that is secured in the very way in which the
41 freedom of the British Constitution is secured. It is secured by vesting in the people, through their
42 representatives, the power of the purse, and I venture [start page 2477] to say there is no other way of
43 securing absolute freedom to a people than that, unless you make a different kind of Executive than
44 that which we contemplate, and then overload your Constitution with legislative provisions to protect
45 the citizen from interference. Under this Constitution he is saved from every kind of interference.
46 Under this Constitution he has his voice not only in the, daily government of the country, but in the
47 daily determination of the question of whom is the Government to consist. There is the guarantee of
48 freedom in this Constitution. There is the guarantee which none of us have sought to remove, but every
49 one has sought to strengthen. How we or our work can be accused of not providing for the popular
50 liberty is something which I hope the critics will now venture to explain, and I think I have made their
51 work difficult for them. Having provided in that way for a free Constitution, we have provided for an
52 Executive which is charged with the duty of maintaining the provisions of that Constitution; and,
53 therefore, it can only act as the agents of the people. We have provided for a Judiciary, which will
54 determine questions arising under this Constitution, and with all other questions which should be dealt
Page 3
1 with by a Federal Judiciary and it will also be a High Court of Appeal for all courts in the states that
2 choose to resort to it. In doing these things, have we not provided, first, that our Constitution shall be free:
3 next, that its government shall be by the will of the people, which is the just result of their freedom: thirdly,
4 that the Constitution shall not, nor shall any of its provisions, be twisted or perverted, inasmuch as a
5 court appointed by their own Executive, but acting independently, is to decide what is a perversion of its
6 provisions? We can have every faith in the constitution of that tribunal. It is appointed as the arbiter of the
7 Constitution. It is appointed not to be above the Constitution, for no citizen is above it, but under it; but
8 it is appointed for the purpose of saying that those who are the instruments of the Constitution-the
9 Government and the Parliament of the day-shall not become the masters of those whom, as to the
10 Constitution, they are bound to serve. What I mean is this: That if you, after making a Constitution of
11 this kind, enable any Government or any Parliament to twist or infringe its provisions, then by slow
12 degrees you may have that Constitution-if not altered in terms-so whittled away in operation that the
13 guarantees of freedom which it gives your people will not be maintained; and so, in the highest sense,
14 the court you are creating here, which is to be the final interpreter of that Constitution, will be such a
15 tribunal as will preserve the popular liberty in all these regards, and will prevent, under any pretext of
16 constitutional action, the Commonwealth from dominating the states, or the states from usurping the
17 sphere of the Commonwealth. Having provided for all these things, I think this Convention has done
18 well.
19 END QUOTE
20
21 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
22 Australasian Convention)
23 QUOTE Mr. DEAKIN.-
24 What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the liberty and
25 the means to achieve all to which men in these days can reasonably aspire. A charter of liberty is enshrined in
26 this Constitution, which is also a charter of peace-of peace, order, and good government for the whole of the
27 peoples whom it will embrace and unite.
28 END QUOTE
29 And
31 QUOTE
32 Mr. SYMON (South Australia).- We who are assembled in this Convention are about to commit to the
33 people of Australia a new charter of union and liberty; we are about to commit this new Magna Charta
34 for their acceptance and confirmation, and I can conceive of nothing of greater magnitude in the whole
35 history of the peoples of the world than this question upon which we are about to invite the peoples of
36 Australia to vote. The Great Charter was wrung by the barons of England from a reluctant king. This new
37 charter is to be given by the people of Australia to themselves.
38 END QUOTE
39
40 The following will also make clear that the Framers of the Constitution intended to have CIVIL
41 RIGHTS and LIBERTIES principles embedded in the Constitution;
42 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
44 QUOTE Mr. CLARK.-
45 the protection of certain fundamental rights and liberties which every individual citizen is entitled to
46 claim that the federal government shall take under its protection and secure to him.
47 END QUOTE
48
50 QUOTE
51 Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?
52
53 Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a
54 state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry.
55 As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole
56 constituency behind the Federal Parliament will be a sentry.
57 END QUOTE
58
59 The same gives the right of any citizen to object against vaccinations in particular compulsory
60 vaccination, Likewise the right to oppose any LOCKDOWN,
Page 4
1 It should be clear that what the Parliament cannot do within the provisions of the constitution it
2 neither can achieve through a backdoor manner.
3 .
4 As such, where the Framers of the Constitution made clear:
5
7 QUOTE
8 Mr. OCONNOR.-No, it would not; and, as an honorable member reminds me, there is a decision on
9 the point. All that is intended is that there shall be some process of law by which the parties accused must
10 be heard.
11 Mr. HIGGINS.-Both sides heard.
12 Mr. OCONNOR.-Yes; and the process of law within that principle may be [start page 689] anything the
13 state thinks fit. This provision simply assures that there shall be some form by which a person accused will
14 have an opportunity of stating his case before being deprived of his liberty. Is not that a first principle in
15 criminal law now? I cannot understand any one objecting to this proposal.
16 END QUOTE
17
18 Then any kind of LOCKDOWN cannot be legally enforce, without a court judicial decision, as
19 it would be in violation of our constitutional rights! Certainly not via any kind of absurd decision
20 by health officials that lacks any proper scrutiny by the legislators and may or may not violate
21 constitutional provisions.
22
24 QUOTE
25 Mr. DEAKIN (Victoria).-The position of my honorable and learned friend (Mr. [start page 2092] Higgins)
26 may be perfectly correct. It may be that without any special provision the practice of the High Court, when
27 declaring an Act ultra vires, would be that such a declaration applied only to the part which trespassed
28 beyond the limits of the Constitution. If that were so, it would be a general principle applicable to the
29 interpretation of the whole of the Constitution.
30 END QUOTE
31 .
33 QUOTE
34 Mr. GLYNN.-I think they would, because it is fixed in the Constitution. There is no special court, but the
35 general courts would undoubtedly protect the states. What Mr. Isaacs seeks to do is to prevent the question of
36 ultra vires arising after a law has been passed.
37 [start page 2004]
38 Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid.
39 END QUOTE
40
41 I below will quote my correspondence to Victorian Ombudsman D Glass relating to what the
42 Framers of the Constitution stated regarding QUARANTINE issues.
43
44 In my view anyone advocating THE DENIAL OF FREEDOM OF SPEECH, POLITICAL
45 LIBERTY, RELIGIOUS LIBERTY contrary to our constitutional provisions cannot be
46 deemed and neither held to be a NOT FOR PROFIT (NON PROFIT) organizations as to peddle
47 violations to constitutional rights cannot be deemed in the public interest.
48
49 While we hear time and time again about “experts” in whatever field in the end they often are
50 proven not to be merely a bit wrong but to be totally wrong. The computer modeling is a clear
51 example about what health officials were claiming was to eventuate.
52
53 While some Australian States may claim that its LOCKDOWN was proven to be successful
54 because of the low number of deaths, reality is that in USA States where no LOCKDOWN was
55 applied their death rate is even lower.
56
Page 5
1 The Perception Deception - The Propaganda Behind the Pandemic - Dr John Bergman
2 https://darrellhines.net/2020/04/19/the-perception-deception-the-propaganda-behind-the-
3 pandemic-dr-john-bergman/ (https://youtu.be/O4Lg4CielPA)
4
5
6 https://www.youtube.com/watch?v=r6ewlQs8CAQ
7 CDC: Virus doesn’t spread easily from objects, surfaces
8
9 https://www.youtube.com/watch?v=-y5jRWw3K5o
10 'The Five' reacts to the CDC's 'stunning' guideline reversal
11
12 CDC NOW SAYS COVID-19 ISN’T EASILY SPREAD BY SURFACES
13
14 SURGICAL MASKS CAN REDUCE VIRUS SPREAD BY 75%
15
16 This is “SURGICAL” mask, not any ordinary mask!
17
18 https://www.youtube.com/watch?v=eNp0eafBSDE
19 CDC Incorrectly Combines COVID-19 Data
20 This brief video underlines that the CDC (USA) cannot even manage to be organized in how it
21 counts different issues and wrongly combines them together. This obviously causes false results.
22
23 https://www.youtube.com/watch?v=EQ-ATT_Cd6M
24 Why We Might Not Need a Vaccine for COVID-19
25 This (cancer) specialist (in the UK) makes clear that the LOCKDOWN is likely costing the lives
26 of tens of thousands of cancer patients.
27
28 https://www.youtube.com/watch?v=P-kfokRqIuA
29 How South Korea kept it’s COVID-19 infection rate down.
30 Foreign Minister Kangkyung-Wha was a pleasure to both my wife and I to listen to explain
31 matters. She is well spoken and easily to understand as to the issues she explained.
32
33
Page 6
1 https://www.youtube.com/watch?v=r6ewlQs8CAQ
2 The US tested the wrong people for coronavirus
3
4 General random testing is I understand the best way to seek to reduce the spread of the virus.
5 When I entered the hospital regarding my hearing issue the test performed was some temperature
6 matter. That in my view is totally deficient. While I am not the least concerned about this whole
7 CORONAVIRUS issue as by spending a lot of time on watching videos and reading reports
8 (something I never did regarding health issues before 2020, I am not the least concerned and
9 have been going about my daily life as normal.
10 Others I notice like scared wild animals going about in fear of other human beings. That in the
11 process can make them more liable to catch some decease as their immune system will be lower
12 than otherwise might be.
13 I for one having until 2019 conducted a Special Life Line for 37 years am too well aware that to
14 many solace can be gained to boost their immune system by being able to attend to some
15 religious or other venue.
16
17 Easing grief through religion and spirituality - Harvard Health
18 https://www.health.harvard.edu/mind-and-mood/easing-grief-through-religion-and-spirituality
19 Some people find that spirituality or organized religion is a source of great solace. Specific rituals and rites
20 — whether sitting shiva, setting up an altar inside your ...
21
22 Some nonbelievers still find solace in prayer - The Washington Post
23 https://www.washingtonpost.com/local/non-believers-say-their-prayers-to-no-one/2013/06/24/b7c8cf50-
24 d915-11e2-a9f2-42ee3912ae0e_story.html
25 24 Jun 2013 ... Atheists deny religion's claim of a supernatural god but are starting to look more closely at the
26 “very real effect” that practices such as going to ...
27
28 Finding Comfort in Spirituality - NCCN
29 https://www.nccn.org/patients/resources/life_with_cancer/spirituality.aspx
30 Spirituality and religion may help patients and families find deeper meaning and experience a ... Some people
31 find spirituality by practicing their religious beliefs, while others find it outside ... The chaplain is there to
32 offer solace, not conversion.
33
34 In a Pandemic, Religion Can Be a Balm and a Risk - The New York ...
35 https://www.nytimes.com/2020/03/22/world/middleeast/coronavirus-religion.html
36 22 Mar 2020 ... Religion is the solace of first resort for billions of people grappling with a ... The anchors of
37 religious practice have taken on a greater urgency just ... Hospital administrators tested the soil and, finding it
38 unlikely to cause harm, ...
39
40 Medicine for the Spirit: Religious Coping in Individuals with Medical ...
41 https://www.mdpi.com/2077-1444/1/1/28/htm
42 After presenting findings that illustrate the general relationship between ... find that substantial proportions of
43 patients engage in religious activities that may be ... finding solace in their faith communities, and serenely
44 reminding themselves of a ...
45
46 The spiritual revolution in India from the ritual to the spiritual Indian ...
47 https://www.tandfonline.com/doi/full/10.1080/19349637.2017.1411218?src=recsys
48 22 Dec 2017 ... ... cultural and religious practices revolved around connecting man with nature and finding
49 solace and rejuvenation in this eternal connection.
50
51 In Pursuit of Warm Fuzzies: Turning to Faith for Comfort | Psychology ...
52 https://www.psychologytoday.com/us/blog/light-and-shadow/201303/in-pursuit-warm-fuzzies-turning-faith-
53 comfort
54 1 Mar 2013 ... Some beliefs can bring reassurance as well. For example, those who grieve may find great
55 solace in believing that they will be reunited with ...
56
57 Influence of religious aspects and personal beliefs on psychological ...
58 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3956626/

Page 7
1 10 Mar 2014 ... The current review discusses research findings on the relation of ... utilitarian aspects of
2 religion, providing security and solace, sociability and distraction, ... Many studies indicate that R/S and
3 religious practices may have a ...
4
5 I'm not religious. Yet in the face of coronavirus, I seek solace in prayer
6 https://www.theglobeandmail.com/opinion/article-im-not-religious-yet-in-the-face-of-coronavirus-i-seek-
7 solace-in/
8 20 Mar 2020 ... What, for instance, would be the evidence for my religious beliefs? ... could not find solace in
9 books or exercise or a few drinks with a colleague.
10
11 Article on Religion - Religion – News, Research and Analysis – The ...
12 https://theconversation.com/au/topics/religion-232
13 Browse Religion news, research and analysis from The Conversation. ... there have always been those who
14 think good Christian practice will save them from death. ... With the world feeling vulnerable, more people
15 are finding solace in online ...
16
17 In my view regardless it is about finding comfort in religious or atheist practices or having the
18 treatment one need (such as cancer patients) what we however found is politicians blatantly
19 ignoring this with being more concerned about the possible death rate of COVID-19 then the
20 actual death rate resulting from the LOCKDOWN.
21
22 https://www.youtube.com/watch?v=y6h8TIxeg1g
23 12 Autopsy Cases Reveal TRUTH About How Patients Die from Coronavirus
24 Dr Hansen explains how mainly the lungs and then the throat are the first in line for COVID-19
25 and then other organs. That at this time the usage of Aspirin is still unknown to its effect albeit
26 that blood thinners has to be considered to its effect to reduce the death toll that may eventuate
27 with COVID-19.
28
29 https://www.msn.com/en-au/news/australia/lockdown-really-rubs-against-conservative-predisposition-for-
30 freedom/ar-BB14ApAs?ocid=spartandhp
31 Lockdown 'really rubs against conservative predisposition for freedom'
32 This article was really enjoyable to read however i did post my comment upon it:
33 QUOTE 23-5-2020 Post
34 I enjoyed reading the article however, one has to consider that where hot spots of death are often in nursing
35 homes, hospitals and also some slaughter houses if then instead of locking up the healthy we ought to
36 concentrate more on how to deal with the infected persons.
37 We have this “fear mongering” campaigns by governments and this I view is actually reducing the immune
38 system ability to deal with some unwelcome invader. Nursing homes has often been in the news for the lack of
39 proper nutritious food and well little wonder residents can then become victims. Pandemics are from time to time
40 appearing and so no good to argue about overburdening hospitals rather that State Governments badly failed to
41 prepare for the next pandemic.
42 As a senior citizen I held that my best way to avoid becoming a victim is to continue my lifestyle as usual. No
43 fear mongering is going to put me down. Even if I were to have been or were to be infected my positive attitude
44 more than likely would see me through it all. My 87 year old wife who in 2019 was in ICU with Heart Failure,
45 kidney problems, etc, nevertheless views that life is not worth living if you are locked in as a prisoner. Even not
46 being able to go to a hairdresser did upset her, so I drive her to one. She is a lot better now without the stress of
47 never ending lock up.
48 What the real issue should be is the considerable failure by State government to be ready for a pandemic.
49 Whatever it would be. While Governor of New York complained to at that time have merely 400 ventilators and
50 he needed 30,000 he failed to explain where he would get all the trained medical staff to operate 30,000
51 ventilators. In fact, a doctor of NYC made clear that ventilators were not programmed for the kind of patients he
52 was getting and the ventilators causing pressure actually kills the patient. Having empty or near empty hospitals
53 and preventing patients to receive medical attention that is important to them is in my view the wrong way to go
54 about.
55 In my view, if a person is deemed to be infected that not just direct isolation but ensure the person has been
56 assigned an assistant who will ensure sufficient food, medication, etc, will be available during the “isolation”
57 period. This has been missing causing infected having to go to supermarkets and then infect others. Likewise, as
58 with prostate feces checking why not to do the same regarding the Novel Coronavirus, as this can show infection
59 days before any symptoms are known.
Page 8
1 Why are there no partitioned rooms in nursing homes and hospitals where a visitor can visit a resident/patient
2 while they are separated by a glass/plastic wall? Denial of human contact in my view undermined the immune
3 system due to the stress caused upon the person.
4 The LOCKDOWN also places more stress upon a lot of people totally uncalled for because if one concentrate
5 upon those who are infected or likely are infected and let the rest of the community go on then you will find a
6 lot less of stress and likely a more resilient population to fight any pandemic.
7 While you refer to the 1919 pandemic in Australia there appear to be absolutely no mention as to what might be
8 a person’s constitutional rights. Computers let alone the Internet wasn’t existing.
9 On 19 July 2006 I comprehensively defeated the Commonwealth in AEC v Schorel-Hlavka as to “compulsory”
10 voting being unconstitutional. My recent complaint to Victorian Ombudsman D Glass regarding the
11 LOCKDOWN was referred to Victorian IBAC who however claimed it was not a “public interest” issue. So we
12 have LOCKDOWNS that apparently are not deemed to be a “public interest” issue.
13 This post will be already of some length but is minimal considering all the relevant constitutional issues
14 applicable as I set out some below.
15 More persons are killed every year on roads and is this meaning we simply LOCKDOWN everything? This
16 article seems to me to ignore that we have a constitution in which in Section 106 the States are created “subject
17 to this constitution”, and not in disregard of it.
18 People are at times poisoned by eating mushrooms, is this meaning a permanent ban on eating mushrooms?
19 People are falling of ladders, is this meaning banning all ladders? And on and on I could go. Reality is that the
20 States failed miserably to prepare for the influx of people who might be struck down in a pandemic despite this
21 comes about every so many years. We get the message not to overburdening the hospitals, when hospital
22 facilities are now reportedly with ZERO patients. We hare robbing the elderly of proper medical treatment all for
23 the COVID-19 whereas at least in my view had the States pre-planned for another pandemic to come around
24 then likely this entire LOCKDOWN could have been avoided and many lives could have been saved.
25
26 https://www.msn.com/en-au/news/science/inflamed-brains-toe-rashes-strokes-why-covid-19s-weirdest-
27 symptoms-are-only-emerging-now/ar-BB14qY4j?ocid=spartandhp
28 Inflamed brains, toe rashes, strokes: Why COVID-19's weirdest symptoms are only emerging now
29
30 https://www.newswise.com/articles/here-s-a-playbook-for-stopping-deadly-cytokine-storm-syndrome
31 Here’s a playbook for stopping deadly cytokine storm syndrome
32 11-Nov-2019 12:20 PM EST, by University of Alabama at Birmingham
33
34 And also consider:
35
36 https://www.msn.com/en-au/news/australia/i-want-to-take-her-on-pauline-hanson-to-start-legal-proceeding-
37 against-qld-government/ar-BB14m9tL?ocid=spartandhp
38 'I want to take her on': Pauline Hanson to start legal proceeding against Qld government
39
40 https://www.msn.com/en-au/news/australia/constitutional-validity-of-border-bans-quite-hard-to-assess/ar-
41 BB14p1S9?ocid=spartandhp
42 Constitutional validity of border bans 'quite hard to assess'
43
44 In my view Section 117 is more relevant.
45
46 Let us see if the Victorian Ombudsman really is going to do her job as I have set out in the document
47 regarding COVID-19 restrictions.
48
49 This document can be downloaded from:
50 https://www.scribd.com/document/455424459/20200408-Mr-G-H-Schorel-Hlavka-O-W-B-to-Deborah-
51 Glass-Victorian-Ombudsman
52
53 The following is what I also detailed in this correspondence.
54
55 QUOTE 20200408-Notes-Mr G. H. Schorel-Hlavka O.W.B. Deborah Glass-Victorian Ombudman
56 Hansard 7-2-1898 Constitution Convention Debates (Official Record of the Debates of the National
59
Page 9
1 END QUOTE
2 END QUOTE 20200408-Notes-Mr G. H. Schorel-Hlavka O.W.B. Deborah Glass-Victorian Ombudman
3
4 Therefore QUARANTINE issues are a Federal Government issue when it comes to “man-kind”. Obviously
5 when there are “Inter-State” issues then ordinary they too fall within Federal powers.
6 QUOTE Commonwealth of Australia Constitution Act 1900 (UK)
7 117 Rights of residents in States
8 A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or
9 discrimination which would not be equally applicable to him if he were a subject of the Queen resident in
10 such other State
11 END QUOTE Commonwealth of Australia Constitution Act 1900 (UK)
12
13 Promoting what I view is dictatorship/terrorism, etc, is not what we need.
14
16 QUOTE
17 Mr. GORDON.- The court may say-"It is a good law, but as it technically infringes on the Constitution
18 we will have to wipe it out."
19 END QUOTE
20
21 We have a constitution and if we allow any politicians to blatantly disregard the true meaning and application of
22 the constitution then why should ordinary citizens be fined for violating (alleged) legal provisions?
23
24 The rule of law must be respected and adhered to regardless the status of the person.
25
26 Health regulations can be enforced but only following proper legal procedures and not some unilateral
27 dictatorship conduct ignoring the rights of citizens.
28
29 Why on earth MISSING IN ACTION Minister for Health Mr Greg Hunt of Ruby Princess failure still is in the
30 job is beyond me.
31
32 What this COVID-19 has exposed is a gross deficiency in preparations ahead of a pandemic hitting us.
33 My criticism is against politicians regardless of their political association with any political party.
34 In my view, the LOCKDOWN was and remains to be unconstitutional and anyone who somehow directly and/or
35 indirectly praises the offenders I view is disgracing the soldiers who fell in wars to protect our constitutional
36 rights and freedoms.
37 END QUOTE 23-5-2020 Post
38
39 https://www.youtube.com/watch?v=lBz_3GAzCsw
40 Ingraham_ The kids aren't alright
41
Page 10
1
2
3 https://www.youtube.com/watch?v=XPtVvHdAAyU&list=PLlTLHnxSVuIwmOvGQydmAe8U
4 cdfTvMvQr&index=8&t=0s
5 Ingraham What is really essential ( Re citizens rights, etc)
6
7 https://www.youtube.com/watch?v=xXVKhGQ3SXg&list=PLlTLHnxSVuIwmOvGQydmAe8U
8 cdfTvMvQr&index=5&t=0s
9 Ingraham Without a trace (Re contact tracing issues)
10
11 https://www.youtube.com/watch?v=lBz_3GAzCsw&list=PLlTLHnxSVuIwmOvGQydmAe8Ucd
12 fTvMvQr&index=7&t=0s
13 Ingraham_ The kids aren't alright
14
15 https://www.youtube.com/watch?v=a30D5OiIQhg
16 Trump unveils plan to protect US seniors
17
18 https://www.youtube.com/watch?v=gn94RZdkz3Q&list=UUXIJgqnII2ZOINSWNOGFThA&in
19 dex=78&t=0s
20 CDC reverses stance, says coronavirus ‘does not spread easily’ on surfaces
21
22 Matt Whiteker gives his take on trust in intelligence agencies
23 https://www.youtube.com/watch?v=6znEpjt8GJU&list=UUXIJgqnII2ZOINSWNOGFThA&ind
24 ex=113&t=0s
25
26
27 SECOND/THIRD WAVE OF CORONAVIRUS
28
29 https://www.youtube.com/watch?v=IIj-HHAedqo
30 What will the coronavirus second wave look like?
31 This was a very informative video albeit very limited, but like most video’s there is only limited
32 information one can fit in a short duration of a video.
33 .

Page 11
1 What appears to be clear is that there was really a gross failure by all governments (regardless of
2 its political status) what to do within constitutional context.
3 .
4 We have for example a Health official authorizing numerous advertisements on radio, etc, as if
5 monies are no limitations. No proper oversight by the parliament if this is actually accceptable
6 and indeed legally appropriate.
7 With the Government allegedly making a $60 billion errors as advised by treasury one has to be
8 concerned where is the real checking of details.
9 .
10 When over the years I drive about I have been only about 4 times tested regarding my breath. Of
11 which twice was in the country some 200 kilometres apart on the same day by the same police
12 officer.
13 It never bothered me even so I am very concerned about my constitutional rights, this as I view
14 that such testing should be part of a person’s right to move about. I do not accept anyone
15 committing a crime to be excused of being under the influence of drugs/alcohol as they
16 consciously take it. As long as we allow excuses of that kind that because a person was under the
17 influence he/she cannot be held accountable we never will reduce the rates of criminality.
18 What however we must warn about is that any test cannot be used for ulterior purposes that are
19 not directly relates to for what the testing was about.
20 For example we do not want to have swaps of peoples mouth or nose effectively gaining their
21 DNA then be place on a record that can be accessed lawfully or by criminal conduct by others.
22 As such, any legislation to allow for a swap that might then enable an authority to check back if
23 the DNA is possibly related to a crime would mean that it would be for unconstitutional
24 purposes.
25 After all, because a DNA of a person might be located in the past on a crime scene this doesn’t at
26 all means that the person might have been involved in that particular crime. As such, any form of
27 testing that is conducted upon the travelling public, being it for any decease must be confined by
28 law to remain strictly for that purpose and any law must specifically state that any other usage
29 will be in violation of the constitution.
30
31 From all the material I have considered it appears to me clear that the LOCKDOWN besides
32 being unconstitutional., as is the closing of the borders for inter state travelling, has really no
33 particular benefit, other than perhaps in the minds of the “followers” who cannot bother to be
34 real scientist to establish what are FACTS from FICTION.
35 .
36 We had this elaborate scam and hype about how the coronavirus was causing the spread by
37 touching surfaces, etc, only now the CDC (USA) to make known it doesn’t spread that easily.
38 Actually, that it is more person to person spreading.
39 This was a FEAR MONGERING out of those scientist not really knowing what they were
40 talking about. What appears to be missing is a PLAN OF ACTION that when any kind of
41 decease eventuate there is a particular protocol to be followed with amendments to be made if so
42 authorised by the relevant Parliament.
43
44 https://www.youtube.com/watch?v=djhCbZn7sjE
45 Ingraham: COVID truths, frauds and tyrants
46 Pennsylvania Health Secretary Rachel Levine, who weeks ago ordered nursing homes to admit COVID-
47 positive residents, quietly ...
48
49 As such we do not have that some health official becomes effectively the (unelected) leader. In
50 the USA it was reported how the head of health department moved out her own 95 year old
51 mother from a nursing home into a hotel to protect her from possible coronavirus infection but
Page 12
1 not doing so for other residents. What therefore is needed is legislative provisions that any
2 nursing home or other residential facility where elderly people are residing must have a proper
3 system in place that will enable it to immediately separate any person infected with any decease
4 from the other residents and any cross infection is avoided.
5 .
6 Also, that any such residential facility must have a room where in such decease situation a
7 resident can still have contact with family members and others even if the room is partitioned of
8 with a see through screen to prevent cross infection.
9
10 What to me was very apparent is the total lack of concern as to the vulnerable persons.
11 What we have is some health official dictating certain rules, regardless of constitutionally
12 permissible, and then well let those vulnerable people sort out how they survive.
13 A clear example is the lack of medical services such as with my wife having (last October) been
14 in ICU for Hearth Failure and Kidney problems, besides other issues and yet it took about 1
15 months before finally I was able to get the medication for her that was prescribed by a specialist.
16 This is totally unacceptable and shows a gross failure of leadership.
17 .
18 If services are cut down for whatever reasons then there must be appropriate alternative services
19 to assist in the meantime.
20 I for example was to attend to the hospital for a hearing test. Well I was directed to go elsewhere
21 but still had to come to the hospital to communicate about the hearing test. Well to me they could
22 have done it all together, as was previously done, but made things extremely complicated and for
23 what.
24 Too often it was about not wanting to overburden the hospitals, where as we had hospital
25 facilities being without a patient. This just show that there was a gross failure in pre-planning.
26
27 If a person is to be placed in quarantine then I view the relevant government must ensure that the
28 person is, if not able to be at home, isolated in a specific place at no cost to this person. Also that
29 any person so isolated is immediately provided with assistance to be provided with food as
30 required, medication as is required, etc.
31 As such, no good telling people to “self-isolate” and then ignore their health and wellbeing.
32 What is required is that if you got some health official directing a person to “isolate” then this
33 health official is having the duty of care to ensure this person is provided with what is reasonable
34 needed by that person. At the same time that the relevant government provides for financial
35 assistance such as to pay towards any rent, etc.
36
37 I am very much a person who is prepared beforehand. Our kitchen sink mixer tap ended up
38 faulty and well I just replaced it with another mixer. But, not everyone would have such
39 preplanned system. Politicians should understand that they are not there to try to join some
40 millionaires club but are there to look after the constituent’s interest and wellbeing. As such, in
41 particular when they are Ministers of the Crown they better are ready to be on top of any event
42 no matter how unexpected. The very day I was appointed to management of a factory I was told
43 that 1 of the 2 heavy duty machines was broken down and would be out at least for 3 months and
44 well we were already too late with manufacturing and deliveries. I didn’t just throw my hands up
45 in the air not knowing what to do but simply immediately reorganized what was planned and
46 within some short period of time this reorganization resulted to do all the back log and more with
47 just the one machine. That is what one could and should be able to expect from a person who is
48 in leadership capacity.
49 However, we find that Minister for Health Greg Hunt was in my view MISSING IN ACTION
50 when it came to the Ruby Princess and other cruise ships and still appears to be far too often.

Page 13
1 And, when you have such a person in a position then one is bound to end up with a lot of
2 uncalled deaths.
3 It should have been his job to have planned well ahead of any decease eventuating that all stock
4 in storage was well planned and sufficient in stock to deal with any unexpected decease.
5 What we have however is that people in my view needless died because of the MISSING IN
6 ACTION Minister for Health.
7 Then we have untold ripple effect where people died because of the LOCKDOWN and so
8 denied their required medical treatments as appropriate for them.
9 .
10 We should never permit some health official to take the reins of government and the real leaders
11 are merely parroting what they are told by some health official. We have seen we have conflicts
12 of what one State health official claims versus that of a health official of another state and this
13 clearly is where it underlines that we lacked proper management. In the end it should have been
14 for the Federal government to show leadership.
15 .
16 While it might be claimed that the States have certain sovereign rights, that is true and as a
17 constitutionalist I have often written about this, however, when it comes to man-kind deceases it
18 is essentially for the Federal government to deal with unless a person within a State is found to
19 be in ill health and then falls within the jurisdiction of that State Government, but it cannot
20 extent this to people who are not in ill health.
21 It is therefore totally irrelevant what might have been done way back with the Spanish flu. At
22 that time citizen may have not realized their constitutional rights.
23 What is needed is to avoid this gross derelict of duty by the many governments to prepare for
24 some decease outbreak.
25 This LOCKDOWN might have been nice for those in power to terrorize citizens and others but
26 at what cost? What were the benefits when
27
28
29 Arkansas 3,017,825 14 deaths no lockdowns
30 Iowa 3,155,070 14 deaths no lockdowns
31 Nebraska 1,934,408 8 deaths no lockdowns
32 North Dakota 762,062 3 deaths no lockdowns
33 Oklahoma 3,956,971 42 deaths
34 South Carrolina 5,148,714 40 deaths
35 South Dakota 884,659 2 deaths no lockdowns
36 Utah 3,205,958 8 deaths
37 Wyoming 578,759 0 deaths no lockdowns
38
39 Total about 22,644,426 population
40
41 Meaning (at 4 April 2020):
Page 14
1 41 deaths with no lockdowns with 12,311,643 population about 3.33 deaths per million
2 90 deaths with lockdowns with 10,332,783 population about 8.71deaths per million
3
4 Australia population:
5
6 25,472,403 with approximate 102 deaths (28-5-2020) is 4.004 deaths per millions
7
8 Considering the time difference between the USA recording and Australia it nevertheless
9 appears that the death rate between those USA states without LOCKDOWN is about the same as
10 those with the LOCKDOWN in Australia.
11 As indicated above also many deaths recorded as COVID-19 deaths are actually recorded with
12 COVID-19 death even so as was admitted by the health official they were given only weeks to
13 die form their existing health problems and did die from that, this even so they were held to be
14 suffering also of COVID-19.
15 As such, the actual death rate of COVID-19 is as it appears to me in the USA by far overblown.
16 Also not to ignore is that in Arkansas 14 deaths no lockdowns 118 people died from Influenza
17 And, no doubt if Australian Influenza death toll was to be compared with the death toll of the
18 CORONAVIRUS then likely similar difference might show up. Yet when it comes to Influenza
19 no LOCKDOWN to my knowledge eventuated. Indeed, are we now going to have some
20 LOCKDOWN any time some decease is spreading about?
21 What we had was governments in PANIC MODE uttering their mantras never mind their knee
22 jerking responses spooked by health officials who made any kind of claim based on so-called
23 modeling. And, it is in such circumstances that one can sift the leaders from the pretended
24 leaders.
25
26 As the Chinese published in a video that the coronavirus is “airborne” and as such the so called
27 “social distancing” is worthless. Likewise any mask that is not a special mask to filter out such
28 “airborne” particles. Closing borders certainly will not stop any “airborne” particles to spread
29 around but does violates Section 117 of the constitution. What some states are making clear that
30 citizens are no longer equal.
31 Nothing to do with health issues as nothing in the constitution even remotely provides for health
32 officials and/or some Premier to override the constitution. In fact, their entire positions rely upon
33 the provisions of the constitution. They are exercising their own form of power regardless of
34 constitutional restrains and that is very dangerous as this can mean they likely might similarly try
35 to use other excuses to achieve the same or worse.
36 We shouldn’t ignore this LOCKDOWN has destroyed the lively hood of the many innocent
37 persons who were not infected at all and may have worked for many years to build up their
38 business and/or private financial security only to see some government official/politician to
39 destroy it all. So to say we had politicians running around was a chicken without a head without
40 having any ability to control their spastic urges to inflict uncalled harm upon innocent persons.
41 When one consider the death toll of abortions in the USA alone exceeding more than 10 million
42 in a year and yet no LOCKDOWN or any attempt to prevents such deaths.
43 Even accidents deaths and Alcohol deaths by far is more than the COVID-19 deaths (well was it
44 claimed to be) and yet no LOCKDOWNS at all. The death of every person is regrettable,
45 however, there is a time limit to every person as we are born to die at some time.
46 If anything this COVID-19 has proven is that we are too reliant upon imports and failing to have
47 our own domestic supplies sufficient for emergencies. This underlines we lack leadership to have
48 this addressed before it became a nightmare.
49 The very reason we have a “responsible” Minister is so that one particular person heading a
50 department can be held “responsible” but we find that mostly politicians will blame whomever
51 but accept “responsibility” themselves.
Page 15
1 https://www.youtube.com/watch?v=TJ1lYQ6v4Ic
2 Gutfeld blasts Cuomo for 'creating death, disaster' with nursing home policy
3
4 https://www.youtube.com/watch?v=vqUmpBpH088
5 Gutfeld on Gov. Cuomo and the nursing home scandal
6
7 https://www.youtube.com/watch?v=OagczpY9IGA
8 Difference between DeSantis, Cuomo of nursing homes during pandemic
9
10 https://www.youtube.com/watch?v=3J549Agpu1s
11 another 1,700 deaths reported in NY nursing homes
12
13 What was shown was that Governor DeSantis was warned by the media that he would have
14 millions of deaths on his hand for opening up the State when he did so about 8 weeks ago.
15 However, instead the death toll declined, this as Governor DeSantis made clear that before he
16 opened up he first made sure that all vulnerable persons in nursing homes were appropriately
17 protected. This, also including that no person who was deemed to be infected could leave a
18 hospital and placed back into a nursing home. However, Governor Cuomo issued an executive
19 order that any elderly who was infected with the COVID-19 virus was to be placed into a nursing
20 home. Hence the escalating deaths in nursing homes.
21
22 If there is a second wave or even a third wave or more then more than likely this will be because
23 citizens have be precondition to become ill due to the isolation preventing them to be infected in
24 the first place and have their immune system prepared for this.
25
26 I, about 2 decades ago, noticed that the rain would flood under the house and well caused timber
27 to rot and resulting to white ant. So, I decided to put in diversions, such as lowering the ground
28 adjoining to the house so the water could no longer get into the air vents. Also removed all
29 timber the builder had left to rot under the house. I also fitted drainpipes into the ground to divert
30 as much as possible any rainwater cascading down the slope toward the house. While my wife at
31 the time questioned how on earth this was going to avoid any flooding, since I did the work there
32 was only twice I had a minor water leak through the door but nothing of drama. And, this is what
33 pre-planning is all about. Not to try to do the knee jerk response but to plan ahead for what might
34 eventuate so you can be confident that even if you are not having every solution nevertheless you
35 are better prepared than in past similar events.
36
37 I understand in the USA the system is that by petition citizens can seek to dispose of a Governor.
38 Well the Governor concerned now uses the LOCKDOWN to prevent any petition to be held.
39 This is a clear example how politicians are misusing their so called new found power to misuse
40 and abuse the legal processes for no other reason but to protect their own political position in
41 defiance of what might be legally appropriate. Let this be a warning to whomever may claim that
42 it is all about the health of citizens. CRAP.
43
44 We may find that in the end that the death toll will be much higher because of the
45 LOCKDOWNS then had there be no LOCKDOWNS.
46 As the CDC appears to indicate that infections mainly occurs due to person-to-person infections.
47
48 As the WHO (world Health Organization) also appears to make known is that about 2 days
49 before a person shows any symptoms they already are infecting others. And, to me this means
50 that we should pursue to have home testing kits to check a person as we do with regard to
51 prostate cancer issues.
Page 16
1 No one not even the courts can override the constitution and as such we need to show
2 understanding and respect to the true meaning and application of the constitution. Regretfully
3 there appears to be a lack of proper teaching about the constitution in education facilities.
4
5 And as we have a problem with nursing homes and other such facilities the Federal Government
6 must mandate a particular policy to be followed in cases of any emergency, no use to leave it up
7 to the goodwill of nursing home providers as the reported their lack of providing nutritious food
8 itself underlines that they are more concerned about the financial benefits for themselves than as
9 to the health and wellbeing of their residents. This self-regulations clearly hasn’t worked.
10 .
11 As one of the videos addressed that we have the elderly who build the nation as is now and in
12 their later years of life they are scandalously ignored. Every nursing home and similar facilities
13 should be equipped to enable a resident to have contact with loved once and/or friends even if so
14 via a video kind of conference so the person is not left ignored to die.
15
16 So much more to write but for the moment this is plenty.
17 Let us see if the Victorian Ombudsman really is going to do her job as I have set out in the
18 document regarding COVID-19 restrictions.
19
20 This document can be downloaded from:
21 https://www.scribd.com/document/455424459/20200408-Mr-G-H-Schorel-Hlavka-O-W-B-to-Deborah-Glass-Victorian-Ombudsman
22 QUOTE 8-4-2020 correspondence to Victorian Ombudsman D Glass
23 Deborah Glass-Victorian Ombudsman 8-4-2020
24 Office and mailing address
25 Level 2, 570 Bourke Street, Melbourne VIC 3000
26 ombudvic@ombudsman.vic.gov.au
27
28 20200408-Mr G. H. Schorel-Hlavka O.W.B. to Deborah Glass-Victorian Ombudsman
29
30 Madam,
31 by now you too may have been aware about the Victorian Police having issued a
32 $1,652.00 fine against Hunter Reynolds albeit this appears to have been withdrawn since.
33
34 My concern is that the State of Victoria or for that any state has no police powers to restrict
35 anyone from their legal and constitutional rights of freedom of movement.
36
37 Regretfully we lack too often competent politicians, lawyers and judges to
38 understand/comprehend this.
39 .
40 I will below provide some quotations of the Hansard Constitution Convention Debates for the
41 creation of the Commonwealth of Australia Constitution Act 1900 (UK) of which within section
42 106 the states were created “subject to this constitution” and it should be clear that the Framers
43 of the Constitution stated:
44
46 Convention)
48
52 END QUOTE
53
54 The Framers of the Constitution rejected that the States could invoke police powers
Page 17
1
2 In 2001 I was an INDEPENDENT candidate in the federal political election but refused to vote. I
3 did so again in 2004 and in AEC v Schorel-Hlavka on 19 July 2006 comprehensively defeated
4 the Commonwealth as to compulsory voting. I at times do vote when I consider there is a worthy
5 candidate to vote for, but my objection was against compulsory voting and the Court upheld both
6 appeals, which I conducted representing myself.
7
8 As such I proved in the past that to understand and comprehend what the constitution stands for
9 is critical.
10 .
11 We now have allegedly some 150 PSO to run around bothering people, etc, where I view none of
12 the States, including the State of Victoria can invoke any police powers. The mere fact that in
13 error and by misconception this nevertheless is pursued cannot justify it being done.
14 .
15 While I am aware that the issue of the Novel Coronavirus might be deemed serious this however
16 cannot and never must be deemed to be acceptable to act in violation of constitutional constrains.
17
20 QUOTE
21 Mr. DEAKIN (Victoria).-The position of my honorable and learned friend (Mr. [start page 2092] Higgins)
22 may be perfectly correct. It may be that without any special provision the practice of the High Court, when
23 declaring an Act ultra vires, would be that such a declaration applied only to the part which trespassed
24 beyond the limits of the Constitution. If that were so, it would be a general principle applicable to the
25 interpretation of the whole of the Constitution.
26 END QUOTE
27 .
29 QUOTE
30 Mr. GLYNN.-I think they would, because it is fixed in the Constitution. There is no special court, but the
31 general courts would undoubtedly protect the states. What Mr. Isaacs seeks to do is to prevent the question of
32 ultra vires arising after a law has been passed.
34 Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid.
35 END QUOTE
36
37 The powers of the Commonwealth is limited also as to actual persons infected and not some
38 general provision against anyone regardless if they are or are not infected.
39
40 The Commonwealth is limited to enforce any legislation through the State Court and as such
41 cannot itself enforce legislative provisions which are without court sanction to do so where is it
42 disputed. My case AEC v Schorel-Hlavka on 19 July 2006 underlined this.
43
44 I have below quotes the various parts of the Hansard Constitution Convention Debates as to the
45 various manner in which the Framers of the Constitution debated the issue of “quarantine”.
46
47 It should be understood it is totally irrelevant what other countries may or may not do as they
48 may not have a constitution in the format as the Commonwealth of Australia Constitution Act
49 1900 (UK) provides for.
50
51 Let me be very clear about it my wife is 87 and recently (October 2019) was in hospital and
52 admitted to ICU with heart Failure, fluid in the lungs, etc, and so I am extremely concerned as to
53 the health and wellbeing. However, I realise that my concerns for my wife should never mean I

Page 18
1 could ignore violations of constitutional rights of anyone. If we were to engage in that kind of
2 conduct politicians will always use some mantra to undermine citizens constitutional rights.
3 We have seen with the WMD (Weapons of mass Destruction) mantra how people was mass
4 murdered and without constitutional authority.
5
6 If we were to turn a blind eye to this issue of the Novel coronavirus then politicians and others
7 will likely build upon this to continue to undermine citizens constitutional rights. This we cannot
8 accept nor stand for!
9
10 Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the
11 National Australasian Convention)
12 QUOTE
13 Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?
14 Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member
15 of a state Parliament will be a sentry, and, every constituent of a state Parliament will be a
16 sentry. As regards a law passed by a state, every man in the Federal Parliament will be a
17 sentry, and the whole constituency behind the Federal Parliament will be a sentry.
18 END QUOTE
19
20 Many Australian soldiers have given their lives to protect the people of the Commonwealth of
21 Australia so they can enjoy the freedoms our constitution provides for.
22
23 The obligation is upon each and every persons, regardless of his/her political views, public
24 position, etc, as to ensure those soldiers death was not in vain and to be the sentries the Framers
25 of the Constitution alluded to.
26 .
27 We should not ignore that viruses have been going around from time to time and the gross
28 incompetence of Ministers of health to therefore fail to ensure that the State Health system is
29 ready cannot be used as some excuse to rob people of their constitutional rights.
30 .
31 Often there are claims that the State Health System may not cope with it all, yet then cruise ships
32 that could be converted to hospital ships are ordered to leave notably by Premiers who I view
33 constitutionally lack such powers.
34
35 https://www.lewrockwell.com/2020/03/andrew-p-napolitano/can-the-government-restrict-travel-
36 to-protect-public-health/
37 Can the Government Restrict Travel to Protect Public Health?
38 By Andrew P. Napolitano
39 Judge Andrew Napolitano: Coronavirus fear lets government assault our freedom in violation of
40 Constitution
41 https://www.foxnews.com/opinion/goverment-restrict-public-health-judge-andrew-napolitano
42
43 I will not quote the entire statement as the links will enable you to do so.
44
45 Our constitutional system is based upon that the Commonwealth can charge a person of an
46 alleged crime before the State courts exercising federal jurisdiction and not otherwise. As such, it
47 cannot apply a general ban against ordinary citizens that they are not permitted to move about,
48 etc. Neither can the States do so as they lack the constitutional authority for this.
49
50 If indeed as many seem to suggest that the 5G system is causing the real problems of the Novel
51 Coronavirus (COVID-19) and yet neither the Commonwealth and/or the States are pursuing a

Page 19
1 proper investigating about this then this too may underline that the politicians claim to care but
2 in reality ignore to show to do so.
3 https://www.youtube.com/watch?v=9y1NRNF3Sm0
4 They Do NOT Want You Seeing This! - 5G Death Towers Exposed
5
6 https://www.naturalnews.com/2020-04-06-5g-alter-hemoglobin-coronavirus-patients-oxygen-
7 deprivation.html
8 Can 5G exposure alter the structure and function of hemoglobin, causing coronavirus patients to die from oxygen deprivation?
9
10 https://www.youtube.com/watch?time_continue=5&v=P9dAN9VZdNQ&feature=emb_titlehttps://www.yout
11 ube.com/watch?time_continue=5&v=P9dAN9VZdNQ&feature=emb_title
12 Former Vodafone boss blows whistle on 5G and COVID19. - YouTube
13 Former Vodafone boss blows whistle on weaponized 5G and COVID19. This keeps getting deleted so im re-
14 uploading it as the public deserve to hear it. It is a shorter version of the original as it ...
15
16 We have a constitution and must adhere to this no matter what as any violation is
17 unconstitutional and cannot be excused.
18 My constitutional rights and so of any citizen cannot be denied merely upon the wimps of
19 politicians. Again, with the WMD their mantra was for a pre-emptive strike where in reality
20 President Saddam Hussein was not even contemplating any attack from Iraq upon the
21 Commonwealth of Australia. Any citizen pursuing this kind of horrendous conduct to be
22 inflicted upon a fellow citizen more than likely would end up being convicted and spend the rest
23 of his life in prison confinement. Politicians somehow had, albeit wrongly, placed themselves
24 above the rule of law. This is why we need to stop this.
25
26 My wife as senior citizen have not been aware that any State of Federal Government by their so
27 called mandatory rules have provide any form of relief such as food parcels, etc. As such, they
28 have made life rather more contemplated. Surely if this was a real issue about health and safety
29 concerns and not just a political trick to invoke further unconstitutional powers under the guise
30 of being for the safety and wellbeing of citizens, then where are the facemask as they are freely
31 issued as I understand it in New Zealand? Why is there no emergency food supplies to the
32 elderly, the invalid and the carers?
33
34 With employees of various stores having been found to have contracted COVID-19 then this if
35 anything places at potential risk (of contamination of the products placed on the shelves) the very
36 elderly who are claimed to be first in line to shop at 7am. An ungodly hour for many.
37
38 I also noted that some supermarkets have empty shelves in the stores while one can order the
39 product via the internet from its website. As such, it appears there is a desire by supermarkets
40 make a handsome profit in that manner. This while senior citizens and others struggling to get to
41 a supermarket are discovering a trip likely without the needed products on the shelves.
42
43 In my view if a person is infected and directed to isolate then I view this should be with that an
44 emergency food parcel is provided for the duration of the isolation and not as I understand
45 happens that an infected person then has to go shopping to get food for the period of isolation.
46
47 While the ruby Princess is in NSW nevertheless I view that it violates the Titanic Board of
48 Inquiry recommendations that one should never send any person life to be depending upon the
49 perils of the sea. As such where there is a cruise ship with sick people on board then I view any
50 state is required to ensure the person is first nursed to health before a ship can be ordered to leave
51 with such person.
52
Page 20
1 Below are not all instances of references to the QUARANTINE issue but does reflect in general
2 what the Framers of the constitution debated about the issue.
3 While in general States are entitled to apply certain restrictions regarding quarantine of animals
4 it has no such powers when to comes to “man-kind” health issues such as COVID-19. And, the
5 ports are actually under federal control and as such it is not for a State Government to direct a
6 cruiseship to leave as it is within the realm of power of the Commonwealth.
7
8 In my view the State Government and the Victorian Police as well as the PSO’s should seize and
9 desist any further to enforce rules, etc, that are in violation of the constitutional compact and so
10 the rights of citizens.
11
13 Convention)
14 QUOTE Mr. FYSH:
15 Those who have been making the laws of their own colonies, and those whose businesses have compelled the
16 making of these laws, have felt the disadvantages of the incongruity of the bankruptcy acts, and,
17 domestically, we regard our marriage and divorce laws as great incongruities; and when we free our ports
18 there can be no doubt that the regulations as to the navigation of our fleets, and matters connected with our
19 quarantine ports, and various other subjects of that kind, must be a federal concern; but as to whether it may
20 be wise to be so self-contained in Australasia in connection with our judiciary system as not to permit an
21 appeal outside of Australasia must be a matter of which I trust the law officers which are so well representing
22 their respective colonies here will put clearly before the Convention.
23 END QUOTE
24
27 QUOTE Sir SAMUEL GRIFFITH:
28 The appointment of the civil service it is proposed to vest in the governor-general-in-council. These
29 provisions introduce what we call responsible government-not necessarily party government, which is
30 another division of responsible government, but a government responsible in name and form to the
31 head of the state and in substance to the parliament of the commonwealth. It is proposed that its
32 executive authority shall be co-extensive with its legislative power. That follows as a matter of course. In
33 immediately starting the business of the commonwealth, it is provided that certain powers may be taken over
34 at once by the executive government of the commonwealth, namely, as to customs, excise, posts and
35 telegraphs, military and naval defence, ocean beacons and buoys and ocean lighthouses and lightships, and
36 quarantine. Other matters are left to be dealt with by the federal legislature from time to time as they may
37 think fit.
38 END QUOTE
39
41 Convention)4
42 QUOTE
43 (2.) The government of any territory which may by surrender of any state or states and the acceptance of the
44 parliament become the seat of government of the [start page 702] commonwealth, and the exercise of like
45 authority over all places acquired by the commonwealth, with the consent of the parliament of the state in
46 which such places are situate, for the construction of forts, magazines, arsenals, dockyards, quarantine
47 stations, or for any other purposes of general concern;
48 END QUOTE
49
51 Convention)
52 QUOTE
53 Mr. THYNNE: I have nothing more to say with reference to the hon. member. With regard to my hon.
54 friend, Mr. Wrixon, another delegate from Victoria, we find that it has hitherto been almost the invariable
55 rule in Australian politics that distinguished statesmen who have left the colonies for a short time, on
56 business howsoever important, have found it necessary to undergo on their return some period of political
57 quarantine before returning to political power.
58 END QUOTE
59
Page 21
3 QUOTE
4 Dr. QUICK to move:
5 That a return be laid before this Convention showing-
6 I. The present annual cost of maintaining the following services in each of the Australian
7 Colonies, viz.:-Quarantine, ocean beacons and buoys, ocean lighthouses and lightships.
8 II. The average annual cost of such services in each of the said colonies during the last ten
9 years.
10 END QUOTE
11
14 QUOTE
15 We must see that the new body has absolute control over the Customs and Excise duties and bounties. There
16 are other matters which I need not go into. There is defence and quarantine, and similar matters, which will
17 be placed under the Federal Government, and, in fact, we may say all matters relating to the external affairs,
18 internal commerce, defence, and general government can safely be placed in the hands of the new body, and
19 the States can retain all the other powers which they now possess.
20 END QUOTE
21
24 QUOTE Mr. HOLDER:
25 There are many matters which may be handed over with great advantage to the federal authority, such as
26 Customs and Excise, for instance. There are no subjects which have a broader or a more national interest than
27 these, and of all others these are the ones which we should first entrust to the care and control of the federal
28 authority. Defence, also, is a subject which must be vested in the Federation. Lighthouses, quarantine, and
29 matters relating to shipping regulations, are all subjects which will find their way naturally into the hands of
30 federal authority; but for the rest, let us keep within our own power all we possibly can.
31 END QUOTE
32
35 QUOTE
36 Mr. LYNE: If Mr. Holder's ideas were carried out you would hardly want either. I think he would hand
37 over the question of defence, the question of quarantine, and the question of a Federal Supreme Court.
38 END QUOTE
39
40
43 QUOTE Sir PHILIP FYSH:
44 If you do anything more than proceed on the lines of the Convention of 1891 you must instruct your
45 Financial Committee that the expenditure in connection with the construction of the various fortifications
46 shall be taken over. You are also going to take over matters affecting quarantine and shipping. If we are
47 going to be the lighters of our maritime highways, a Federal Marine Board will be as absolutely necessary as
48 the existing Marine Boards of the various colonies. If we are going to take over the responsibility of lighting
49 the beacons and wharves, as was proposed in the Bill of 1891, you must give instructions to the Finance
50 Committee to make provision for taking over the cost of those lighthouses, etc. These works must be the
51 responsibility of the Federal Government, if it takes the revenues which are to be raised therefrom.
52 END QUOTE
53
54
57 QUOTE Sir JOHN FORREST:
58 Then the Federal Parliament should have control of the postal and telegraph departments, though I am quite
59 certain that it would be all against the interests of Western Australia to have it so. Quarantine is a fit subject
Page 22
1 for federal control, and so are harbors and lights, but at the same time I do not think the Central Government
2 would look after the lights on the various coasts half so well as the local Governments.
3 END QUOTE
4
5
8 QUOTE Mr. WALKER:
9 The first consideration undoubtedly is to be able to defend ourselves. On this point I
10 thoroughly agree that the total cost of defence, as well as quarantine, should be borne by
11 the federal authorities.
12 END QUOTE
13
14
17 QUOTE Mr. WALKER:
18 You will have to transfer to the Federal Government the cost of defences, quarantine, lighthouses, buoys,
19 and so forth, and also charge them with the interest on the cost of fortifications in all the colonies.
20 END QUOTE
21
22
25 QUOTE
26 Sir WILLIAM ZEAL: That is practically the outcome of what they say. They also propose that the
27 Federal Government shall only have the control of defence, light- [start page 360] houses, quarantine
28 regulations, and ports and harbors bordering on the seacoast.
29 END QUOTE
30
31
34 QUOTE
35 Mr. BARTON: It would be a division which would hamper the Federal Government by the inconvenience
36 of the arrangement which would follow on their division. If we are to confine the Commonwealth to [start
37 page 377] a body which is to simply frame a Customs tariff, and to take charge of such matters as
38 quarantine, ocean lighthouses, and some little interference with buoys and beacons, it is a pity that the
39 States have gone to the expense-in one instance I believe of between £30,000 and £40,000-of holding the
40 election in order to be represented here. Let me not be unfair, because this very question brings me to the
41 question of the protection of the States. There is no one who holds more strongly than I do that it is necessary
42 to provide for the maintenance of the proper individuality of the States. Those who took part in the
43 Convention of 1891 can bear witness in that respect. I recognise the great difficulties there are in the way of
44 maintaining the full individuality of the States, and at the same time adhering to our well known form of
45 responsible government; but I believe that they can be surmounted, and that it would be a shame on us if we,
46 in the first instance, charged with the framing of our Constitution, did not make an effort to surmount them.
47 Recognising these difficulties, I believe that the States which happen to be the less populous, should be dealt
48 with liberally and generously. The State interests must be conserved, not only by safeguarding their full right
49 to exercise all functions reserved to them, but by making the powers to be exercised by them so certain that
50 there can be no doubt, even if the matter is referred to the Supreme Court, about the clearness of the
51 definition.
52 Sir RICHARD BAKER: There is the danger of the powers overlapping.
53 Mr. BARTON: I am coming to that in a minute. We have not only to attempt to safeguard State rights by
54 placing provisions for that purpose in the Constitution, but we must also take great care to make the
55 machinery as fully applicable to the preservation of those interests which are erroneously called State rights
56 as if they also were set down in the bond. There have been cases of overlapping, as we find in the records of
57 the United States, and the reports of the Privy Council in the case of Canada. We know that there is constant
58 liability to overlapping; that when the federal body exercises its powers of legislation which are definitely
59 given to it, if the utmost care and the utmost precision are not exercised to confine the legislative operations

Page 23
1 within the circle of the power given in the Constitution, there will be these cases of overlapping in the federal
2 law, which would constitute an encroachment upon the competency and individuality of the States. These
3 cases must arise, and they form one of the strongest arguments for a second Chamber in the Federation, and
4 for arming that Chamber with competent powers to prevent that overlapping. When such cases occur, you
5 have to call in the machinery of the Federal Court, and may be afterwards the machinery of the Privy
6 Council; but is it not better that there should be in the Constitution an element in the shape of a second
7 Chamber, which will do its utmost to try and keep these powers, which will keep legislation within
8 Constitutional limits, and prevent resort to authorities external to Parliament? That is one of the strongest
9 necessities it seems to me for a second Chamber. If the principle is not conceded that federal laws require the
10 assent of the people and the assent of the States, why is it that the most democratic amongst us concede two
11 Houses? I suppose there are some among us who will say that in a separate form of government, a
12 government not united or federated, they would get along very well with one Chamber instead of two. But
13 the most democratic-even if they are not representatives of this hospitable State in which we are now sitting,
14 South Australia, there are those of Tasmania, and others -who would urge this, that even if they might not be
15 reconciled to a second Chamber in their own colony as a separate State, they would not be reconciled to a
16 Federation without a second Chamber. Why is this, unless it be a recognition of the fact that the laws require
17 the assent of the people and also of the States? With [start page 378] a National Assembly as the sole
18 Chamber the clear tendency must be to engulf State interests. If you have the States Assembly alone with
19 equal representation, there would, I think, be a clear tendency to that kind of loose confederation in which the
20 Union would be dependent upon the States. If that were the priniciple of the Federation we should have
21 something very little better than the principle of even the Federal Council at Hobart or the abolished Articles
22 of Confederation of the United States. It is recognised that neither of these things will do; that you must have
23 two Chambers, one Chamber for the representation of national interests and the other Chamber for the
24 representation of State interests. If you depart from that principle you must be giving too great power to the
25 national interests or too great power to the State interests and the golden mean is reached by granting these
26 two Chambers. This is, of course, an elementary proposition; and the reason I refer to it I will make clear
27 enough. The reason is that if you have your body constituted in either of the ways I have spoken of, neither of
28 the conditions would make a Federation; and as we come here charged to make a Federal Constitution, we
29 cannot make a piece of legislative machinery of that kind. We must not make our legislative machinery so
30 that we shall have either unification on the one hand. or a confederacy on the other. Clearly, then, the
31 intention of two Houses is to make the principle a rule of daily governance. Though it might happen that such
32 necessity might not arise in more than a fractional part of the proceedings of the Commonwealth, still the
33 principle must be inserted as a rule of daily governance, because there will be no day on which the necessity
34 for the exercise of that principle might not arise. Then the mere concession of the principle of two Houses is
35 enough to show that one must rest on the basis of proportional population, the other on State entities. This is
36 the gist of the matter, that there are two different entities to be preserved. They are both necessary to
37 constitute a Federation. One unit is the individual citizen, and the other unit is the State entity. We are bound
38 to confess that both the individual citizen as represented in the National Assembly and the individual State as
39 represented in the States Council must have their powers, and you must provide so that in each case the
40 majority of the units shall prevail. I do say that you must so protect your Constitution that you will not have a
41 majority of citizens dominating the State interests, or the State interests dominating the national life; but it
42 must be so constituted that the interests they each represent are firmly embedded in the Constitution, and you
43 must leave the future to the evolution of those two legislative bodies, which command the respect of both
44 entities of the Federation, namely, the majority of the citizens, and the majority of the States. At the same
45 time attacks have been made in the course of debate by the representatives of both extremes.
46 END QUOTE
47
48
51 QUOTE Mr. DEAKIN:
52 I have read over again and again the long list of powers with which this Commonwealth is to be invested; and
53 on each one of those, thirty-five in the fiftieth clause and four in the next, have asked myself in how many are
54 State interests likely to be involved, and how often? Members who read them will see that scarcely one of the
55 provisions, neither those with regard to tariff or navigation and shipping, or quarantine, or currency and
56 coinage and legal tender, are likely to be at all affected by the question whether an elector resides in a large
57 or a small State.
58 END QUOTE
59
60

Page 24
3 QUOTE Mr. ISAACS:
4 With most of these things no one State is concerned with the management of the other, but there are certain
5 matters-such as defence, quarantine, and various other things-we generally agree upon, in which we as a
6 people say we are concerned, not as residents of Victoria, Tasmania, or any other colony, but because our
7 interests and our desires are united. We say there is henceforth to be no distinction between us; let us blot out
8 of our future history and out of our future politics the arbitrary fact that we are residents of different colonies,
9 and if we start with that and we select these subjects, it is on the distinct basis that our interests are identical.
10 If our interests are identical why do we have it continually thrown in our face that the diversity of State
11 interests in these matters is to be protected? We select these subjects on which we are agreed; there is by this
12 very hypothesis no diversity of interests in these matters, and the residuary powers are retained by the States.
13 As to these they have their State rights, and the federal authority cannot enter into the sphere one single inch.
14 It is outside the sphere of Federation altogether, but when we have selected these subjects on which our
15 interests are presumably identical the [start page 544] States, as such, have equally little claim to enter.
16 END QUOTE
17
18
21 QUOTE Mr. SOLOMON:
22 What would be the position [start page 571] in which the smaller States would be placed if we agree to this
23 amendment? What will be the privileges of the smaller States? They will have the privilege of being taxed at
24 the hands of the larger States. They will have the privilege of being represented by about twenty-five
25 members. as against fifty members on the other side. The smaller States will contribute at per head of their
26 population as much to the defences, to quarantine, and to all other departments which will be handed over to
27 the Central Parliament for control-and how else could they fairly contribute-but they only have a very small
28 voice in the control of how this money should be spent.
29 END QUOTE
30
31
34 QUOTE
35 II. The government of any territory which by the surrender of any State or States and the acceptance of the
36 Commonwealth becomes the seat of Government of the Commonwealth, and the exercise of like authority
37 over all places acquired by the Commonwealth, with the consent of the State in which such places are situate,
38 for the construction of forts, magazines, arsenals, dockyards, quarantine stations, or for any other purposes
39 of general concern:
40 END QUOTE
41
42
45 QUOTE The Hon. Dr. COCKBURN:
46 Then take the question of quarantine. That would appear to be a matter in which no question of local
47 interest could arise. But in a continent so huge as this island of Australia, where there is every variety of
48 climatic condition, even the question of quarantine may become a question in which the very existence
49 of a state is threatened. We have a tropical climate, we have a sub-tropical climate, and we have a temperate
50 climate. The northern portion of the island is tropical. A tropical disease may threaten Australia which we
51 know cannot obtain any footing in the eastern, southern, or western provinces. Protection against this disease
52 may be of insignificance to the larger populations, those living in the temperate climate to the south, but it
53 may be a question of the most vital importance, a question of the very existence of the population which may
54 ultimately gather on our northern seaboard. We hardly know these conditions yet, but I could enumerate half
55 a dozen diseases.
56 The Right Hon. G.H. REID: We have a common interest in preventing disease from decimating
57 Australia?
58 The Hon. Dr. COCKBURN: But it would not decimate Australia, because it could only affect a few
59 people, a comparatively small portion of the northern parts of this continent.
60 The Right Hon. G.H. REID: But it might travel!

Page 25
1 The Hon. Dr. COCKBURN: I mean diseases that would not travel; diseases that are strictly tropical.
2 The Right Hon. G.H. REID: If they would not travel they ought not to come under a federal act!
3 The Hon. Dr. COCKBURN: You cannot pick out these things. The question might be one affecting two
4 or three colonies possibly it might affect Queensland and South Australia only, or possibly also a portion of
5 Western Australia. It might be a question of vital importance to those colonies, but of not the slightest
6 importance to Tasmania, Victoria, or New South Wales.
7 [start page 677]
8 The Right Hon. G.H. REID: Surely the Government would do what was right!
9 The Hon. Dr. COCKBURN: The Government would do what was right if they had not the ultimate power
10 to do what was wrong.
11 The Right Hon. G.H. REID: The Government would not have any, interest in doing what was wrong!
12 The Hon. Dr. COCKBURN: We all know that, in representative chambers, the view that ultimately
13 prevails is in accordance with the representation in that chamber. If a district is fairly represented, it gets
14 justice; if it is inadequately represented, and can be disregarded, it very often does not get justice. It would be
15 the same in the case of the senate, if its views could be set aside by a mass referendum. Even the question of
16 marriage and divorce is of importance to all the colonies. At present, we have absolute autonomy in that
17 respect; we make our own laws. It would be an injustice to say that the laws of marriage and divorce, which
18 are to affect South Australia, should be framed by any parliament in which that colony had not an adequate
19 representation. If there were power to set aside the wish of the senate, in which we would have a fair
20 representation, you would make us really a quantity which need not be taken into account at all you would
21 totally abolish our autonomy in these matters; and I say autonomy is too dear a privilege to be lightly got rid
22 of in this way. We all of us now manage our own affairs according to our own views.
23 END QUOTE
24
25
28 QUOTE
29 The Hon. R.E. O'CONNOR (New South Wales)[12.42]: It may be interesting for the hon. and learned
30 member, Dr. Cockburn, to hear this very concise statement of the law of the United States, which would be
31 exactly applicable to this proposed constitution, and very much on the lines that the hon. and learned
32 member, Mr. Isaacs, has just stated. I am citing from a well-known book, Ordronaux's "Constitutional
33 Legislation." At page 296 he says this:
34 By, parity of reason addressed to the protection of the public health, states may exercise their police powers
35 to the extent of prohibiting both persons and animals, when labouring under contagious diseases, from
36 entering their territory. They may pass any sanitary laws deemed necessary for this purpose, and enforce
37 them by appropriate regulations. It is upon this reserved right of self-protection that quarantines are
38 permitted to interfere with the freedom of commerce and of human intercourse. But this power is not
39 without its limitations, and its exercise must be restricted to directly impending dangers to health, and not to
40 those who are only contingent and remote. Hence, while diseased persons or diseased animals, and those
41 presumedly so from contact with infected bodies or. localities, may be prevented from entering a state, any
42 general law of exclusion, measured by months, or operating in such a way as to become a barrier to
43 commerce or travel, would be a regulation of commerce forbidden by the constitution. Such a statute being
44 more than a quarantine regulation, transcends the legitimate powers of a state.
45 So it is quite clear that all the powers are left in the state, which are necessary for the preservation of
46 the health of the inhabitants and of the property by the state. Those powers would include power to deal
47 with such diseases in the vegetable world as the hon. and learned member; Dr. Cockburn, has spoken of, and
48 also with animal diseases. It was suggested in Adelaide that these powers might be used in such a way as to
49 have a protective influence in favour of certain states.
50 Mr. Symon: That would be in conflict with the constitution!
51 The Hon. R.E. O'CONNOR: I was going to point that out. There are a number of decisions in
52 America, as has been pointed out by my hon. and learned friend, in which on that very ground or
53 similar grounds it has been held that the law, not being a bona fide exercise of the police powers, is not
54 within the powers of the state. Of course, there is another question behind all that, which I think is a very
55 important one, that is, considering the immense traffic, say, in cattle, that there is right across this continent,
56 the infrequency of habitation, and the difficulties of enforcing the quarantine laws from state to state, whether
57 such a disease, for instance, as the tick disease should be dealt with by the authority of the commonwealth
58 instead of by the states themselves. It is a very important question, and there are many difficulties in the way
59 of its being dealt with by the federal authority. One of the chief of them is, I think, the impossibility of the
60 federal authority administering an act of that kind without having an enormous array of officials and
61 immense expenditure. As we all know, there are in each colony laws-affecting contagious diseases of cattle
Page 26
1 or sheep, and they are all administered by local bodies, The machinery and administration are simple, and the
2 laws are cheaply worked in the various districts themselves. But if you place them under the federal
3 movement, to be operated by federal officers, you render an [start page 1063] immense machinery
4 necessary to carry out the very simple objects which are carried out by the local bodies at the present
5 time. It appears to me that the balance of reason is in favour of leaving things as they are, leaving power in
6 the states to deal with all those matters that come under the head of police powers in the United States, the
7 infection of animals, the infection of vegetables, the introduction of, animal and vegetable diseases. There is
8 ample power to deal with them, and I think that the matter might be left in that way.
9 The CHAIRMAN: I would point out that there is no question of quarantine or quarantine
10 regulations before the Committee.
11 The Hon. Dr. COCKBURN (South Australia)[12.47]: I think we should renew this debate at some future
12 period. In reply to the hon. and learned member, Mr. O'Connor, I may say that I am not at all sure that our
13 proposed constitution does not go further in reference-to free-trade between the states than the American
14 Constitution does, and therefore, it might require some further provision in view of the very strong words
15 which it contains, although such a provision might not be necessary in America. Words simply prohibiting
16 the introduction of actual disease would not be sufficient. I admit that the decision which has been quoted
17 relates also to anything that has been in contact with any disease in anyway. But it would be necessary in
18 many cases actually to prohibit the introduction of all cattle and all vegetables of a certain character. If
19 Queensland were to relax her local quarantine regulations, it might be necessary for the adjoining colony to
20 prohibit a single hoof of cattle from crossing the border, and this might be held to be an absolute derogation
21 from freedom of trade, unless there were special provision in the constitution dealing with it. It might be
22 necessary for South Australia to prevent the importation of any portion of a vine, and this might be said to
23 seriously derogate from freedom of trade between the colonies. I ask the Drafting Committee to be
24 exceedingly careful in the matter. I think the power does not exist, and I am sure that it should exist for
25 otherwise we should find that the opposition to this constitution bill, if it is assumed that there is no such
26 power given, would be of a very fierce and vehement character.
27 Mr. HIGGINS (Victoria)[12.49]: I think that I can reassure the hon. and learned member to some extent. He
28 has raised an important point, and I do not think that we should reserve these important points until we meet
29 in Melbourne, but should settle them now if we can do so.
30 The Hon. E. BARTON: In how many weeks? We have not finished one provision in two and a half
31 hours!
32 Mr. HIGGINS: But this is one of the most important parts of the bill. I think it is our duty, not to have
33 tentative solutions, but to make the best solution we can, and I feel, now that this question has been raised, it
34 is our duty to devote ourselves to it. The hon. member is quite right in saying that the proposed bill goes
35 further in the direction of providing for free intercourse and freedom of trade between the states than does the
36 American Constitution. It goes much further.
37 An HON. MEMBER: By reason of the general words in clause 89. It is proposed to eliminate those
38 words!
39 Mr. HIGGINS: Yes; I made a note of that. It is perfectly clear that under the American Constitution a state
40 can make a law preventing the sale within its own borders of animals having any disease, and to prevent the
41 introduction of such animals, into its territory.
42 The Hon. Dr. COCKBURN: There is no doubt about that!
43 Mr. HIGGINS: The hon. and learned member is quite right in saying that if clause 89 remains as it is
44 the states of the [start page 1064] Australasian commonwealth will have no such power. A good
45 example of the application of this law in America is given at page 104 of Baker's "Annotated Constitution of
46 the United States":
47 The statute of Minnesota approved April 16th, 1889, entitled " An act for the protection of the public health,
48 by providing for inspection, before slaughtering of cattle, sheep, and swine designed for slaughter for human
49 food" is unconstitutional and void in so far as it requires, as a condition of sales in Minnesota of fresh beef,
50 veal, mutton, lamb, or pork for human food, that the animals from which such meats are taken shall have
51 been inspected in that state before being slaughtered. The inspection thus provided for is of such a character,
52 or is burdened with such conditions, as will prevent the introduction into the state of sound meats, the
53 product of animals slaughtered in other states.
54 To make an inspection law was prima facie within the powers of the state of Minnesota; but the state
55 legislature went beyond its powers in enacting an act which provided for an inspection of such a character as
56 to interfere with the sale in Minnesota of meat brought from other states, Under the bill, as it stands,
57 measures to prevent the introduction of tick will be beyond the powers of the states to enact. Under the
58 American Constitution, full power is given to provide against the introduction of tick into a state; but if in
59 preventing the introduction of tick or other disease, an undue interference with the course of trade is created,
60 which protects one state against the other states, the courts will interfere, and say that the law is
61 unconstitutional and void. I think that the course of leaving this matter to the Drafting Committee to consider
62 is the correct one.
Page 27
1 The Hon. E. BARTON (New South Wales)[12.53]: I intimated a little earlier -I do not know that the hon.
2 and learned member, Dr. Cockburn, heard me-that I intended to make clause 89 read in this way:
3 So soon as uniform duties of customs have been imposed, trade and intercourse throughout the
4 commonwealth is not to be restricted or interfered with by any taxes, charges, or imposts.
5 If this amendment is made, the matter maybe considered in connection with clause 99, which provides that:
6 All powers which at the establishment of the commonwealth are vested in the parliaments of the
7 several colonies, and which are not by this constitution exclusively vested in the parliament of the
8 commonwealth, or withdrawn from the parliaments of the several states, are reserved to, and shall
9 remain vested in, the parliaments of the states respectively.
10 At the present time this power exists in all the states; but if the amendments I have suggested be carried the
11 prohibition of the importation of diseased animals or plants will not be a matter of taxes, charges, or imposts.
12 Therefore, the power to prevent the introduction of diseases would still remain with the states, except
13 in so far as any state law was found to be an intentional derogation from the freedom of trade. I think
14 that if we amend clause 89 in the way I suggest the object of the hon. and learned member, Dr. Cockburn,
15 will be met; but if it is not met I will undertake to deal with the matter in any way that he suggests.
16 The Hon. Dr. COCKBURN: I am quite satisfied!
17 The Hon. I.A. ISAACS (Victoria)[12.56]: Will the hon. and learned member also take note in this
18 connection of the concluding words of clause 95? That clause must be brought into accord with clause 89 as
19 amended. I would also point out with regard to the word "country" that some little difference of opinion may
20 arise as to the meaning of that word. The sub-clause relates to "countries" and to "states." "States" we know
21 are such parts of Australia as are within the commonwealth. If any colony stands out it may be a little
22 doubtful whether it will be a "country." Would Queensland, if it stood out, be a "country"?
24 The Hon. R.E. O'CONNOR: A territory would be either a state of the commonwealth, or another
25 country!
26 The Hon. I.A. ISAACS: The word "country" might mean an independent state.
27 The Hon. E. BARTON: I will keep the matter in mind, though I fancy it is all right!
28 Sub-clause 1 agreed to.
29
30 END QUOTE
31
34 QUOTE
35 Sub-clause 11. Quarantine.
36 The Hon. R.E. O'CONNOR (New South Wales)[2.43]: I think there is a matter connected with this
37 clause which deserves consideration. In the first place, we ought to be clear in our minds what we
38 intend to, cover by the word "quarantine" The word "quarantine" in its original meaning no doubt
39 applied only to the quarantine of ships-the quarantine of forty days required under the old laws for the
40 purification of a ship from disease. But I think the meaning of quarantine has gradually, extended
41 much beyond that, and the word is now applied to an enclosure to prevent diseases that have been
42 contracted on board ship from spreading to the land. It means general powers of isolation in all cases. I
43 think we ought, in [start page 1072] the first place, to decide whether we intend to interfere with the
44 general health powers which the states now possess, and ought, perhaps, to retain, or only with those
45 matters which are generally spoken of as marine quarantine. The question is whether we should give
46 power to the commonwealth under any circumstances to legislate in regard to those matters that
47 belong to the care of the public health in the different states?
48 The Hon. I.A. ISAACS: They would not do that, unless they thought that the health of other states
49 was concerned!
50 The Hon. R.E. O'CONNOR: This is one of those cases in which we should first of all decide on a policy,
51 and then make a definite provision. As to what the policy should be, it appears to me that the commonwealth
52 power should extend only to those matters that affect the health of the commonwealth from outside.
53 Therefore I am prepared to move:
54 That the word "quarantine" be omitted with a view to insert in lieu thereof the words "public health in
55 relation to infection or contagion from outside the commonwealth."
56 I will point out one reason why a provision of that kind is necessary. Supposing that all the colonies were
57 not included in the federation, you might have smallpox, or some other contagious disease, in one colony
58 which was not in the federation, and along the whole line of the boundary it would be necessary to make
59 exactly similar provisions to those which would have to be made at the seaports. Now, under the head of
60 "quarantine" I doubt very much whether such a power would be included; whereas if you say that the power
61 is to be over matters connected with the "public health in relation to infection or contagion from outside the
Page 28
1 commonwealth," you state accurately what you mean." It appears to me that those words cover every
2 possible case you want to deal with, and would make a line of demarcation between diseases that arose or
3 spread within the states themselves which is a matter that ought to be dealt with by the health authorities of
4 each state -and diseases that arose outside, which undoubtedly could be dealt with properly only by one
5 authority for the whole commonwealth. In the first place, as far as policy is concerned, that is a matter for the
6 Committee to decide. If hon. members decide as to policy, then how it is to be expressed is more or less a
7 matter of drafting. But if the matter is considered worthy of consideration, I will move the insertion of the
8 words I have suggested.
9 The Hon. I.A. ISAACS (Victoria)[2.48]: I hope that the hon. and learned member will not move an
10 amendment to that effect. I think that the meaning of the word "quarantine" is pretty well known.
11 There is no doubt that leaving the sub-clause as it is preserves to every state the power that it now has
12 to make laws in relation to all such subjects. It does not vest an exclusive power in the commonwealth to
13 pass such laws. The state can pass its own law, and alter it as it pleases; but I think it is well to do as
14 was done in the Canadian act in that respect-to give a power which the commonwealth might, in case
15 of emergency, employ for the sake of the general health power to make a law respecting quarantine, as
16 it is generally understood, so as to preserve all the ports of the commonwealth, not only from infection
17 from abroad, but also from the danger of any infection which might have reached one port of the
18 commonwealth spreading to the rest of the commonwealth. I think that there is no great harm in retaining
19 the word "quarantine," and that, if we were to eliminate this word, the day might come when we would very
20 much regret having done so.
21 The Hon. R.E. O'CONNOR: The subclause as it stands now provides for the quarantine of animals!
23 The Hon. I.A. ISAACS: I believe it would include the quarantine of animals if those animals when
24 slaughtered would go into consumption as food, and might thereby affect the public health.
25 The Hon. Dr. COCKBURN: What about the quarantine of dogs?
26 The Hon. I.A. ISAACS: I think that the federal parliament should have the power to deal with this
27 matter if it thinks fit to do so, While the states might be left to protect themselves, surely, no harm
28 would be done if we enabled the federal parliament to do more than any state could do, that is, give
29 protection to the whole commonwealth.
30 The Right Hon. Sir E. BRADDON (Tasmania)[2.52]: At the present time an arrangement has been come to
31 by the joint action of the various colonies in regard to the quarantine of animals. The inspectors of stock meet
32 from time to time, and agree to regulations which are afterwards enforced by their various governments.
33 The Hon. I.A. ISAACS: But any one of the colonies may at any time withdraw from the compact!
34 The Right Hon. Sir E. BRADDON: Yes. Of course it is not desirable that any colony should withdraw.
35 The CHAIRMAN: Does the hon. and learned member, Mr. O'Connor, intend to move an amendment?
36 The Hon. R.E. O'CONNOR: No. I see that there is sufficient reason for leaving the words in the clause. I
37 drew attention to the matter because I thought it was worthy of consideration, and when we meet again
38 perhaps some improvement may be suggested.
39 Sub-clause 11 agreed to.
40
41 END QUOTE
42
45 QUOTE
46 Mr. BARTON (New South Wales).-As to this sub-section, there are one or two matters which I should like
47 to point out to the committee, and then leave it to them to say if they are matters of drafting or matters of
48 substance. I think myself that they do partake of substance. This is the sub-section which relates to an
49 exclusive power to be given to the Commonwealth to deal with territory or certain pieces of land
50 required for Commonwealth purposes, the territory being for the seat of government, and other pieces of
51 land being for the construction of forts, magazines, arsenals, dockyards, quarantine stations or for any
52 other purposes of general concern.
53 END QUOTE
54
57 QUOTE
58 Dr. COCKBURN.-I do not think there ought to be. Whether or not there ought to be is a matter for debate
59 and for settlement by this Convention as a question of principle, and not as a mere matter of wording. Now,
60 take the second part of the sub-section, in which power is given with the consent of the state for the
61 construction, say, of a quarantine station. I question very much whether the power to establish such a
Page 29
1 station as a leper station, for example, ought to be given to the Federal Parliament without having to
2 consult the wishes of the state in which it is proposed to establish such an institution. The Federal
3 Parliament will be a distant body, and it may not be exactly apprised of all the local conditions. It may want
4 to establish a leper station in some part of Australia where its establishment would be most disastrous to the
5 interests of the communities in the vicinity, which ought, I think, to have a voice in a matter of this sort.
6 These words are put in to make it abundantly clear that the federal capital shall be chosen only with the
7 consent of the state concerned, which consent would, of course, be given in most cases. I should like to have
8 the matter I have referred to made perfectly clear. It is open to doubt at present, I think, whether the
9 Federal Parliament will have power to take any land for the purposes of government without the
10 consent of the state concerned. I do not think the Federal Parliament should have such a power, and I
11 should be sorry to see it have such a power by the mere insertion of certain words which were not
12 intended to have that meaning. I should like this committee to be clear as to whether or not it is
13 intended that the Federal Parliament should have power to take land from any state without the
14 consent of the state.
15 Mr. OCONNOR (New South Wales).-I think the honorable member who has last spoken is quite
16 right; but there is a great distinction between the two classes of matters dealt with in this sub-section. I
17 think that the seat of government of the Commonwealth ought to be in quite a different position to
18 such matters as the construction of forts, magazines, arsenals, dockyards, and so on. Dr. Cockburn will
19 recollect that there is no such power for the acquisition of land for the ordinary public purposes of the
20 Commonwealth.
21 Dr. COCKBURN.-Might not the power be included in the general powers of sub-section (37)?
22 Mr. OCONNOR.-No. The only powers that can be held to be given are those which are expressly
23 given. It will be wise, later on, to add a clause which I think the Convention will see the advisability of
24 adding, restricting the power to acquire land to acquisition for the public purposes of the
25 Commonwealth; and I think it should then be made very clear that no power is given in that clause to
26 acquire land for a federal capital without the consent of the state interested. Because it is quite clear,
27 from the nature of things, that it is quite impossible that a power of that kind could be carried out
28 without such an amount of friction and difficulty as might lead to a great deal of trouble.
29 END QUOTE
30
33 QUOTE
34 Mr. OCONNOR.-Undoubtedly; because in regard to defence there should be a paramount power for
35 the Commonwealth to act as might be thought necessary, and there should be a similar power with
36 regard to quarantine and other matters which are of general concern. But with regard to the acquisition
37 of a piece of land for the seat of government, which must [start page 259] embrace a large area and be an
38 exceedingly important matter for the state in which it is situated, the Commonwealth should not have power
39 to obtain such land without the consent of the state. That can be dealt with when we are dealing with the
40 general clause, giving power to acquire land for the use of the state.
41 Mr. HIGGINS.-Does not clause 105 answer that objection?
42 Mr. OCONNOR.-No; that is simply a permissive power to the Parliament of the state to surrender any
43 portion of its territory.
44 Mr. ISAACS.-And saying what shall happen if they do.
45 Mr. OCONNOR.-Quite so; but that clause does not deal with the question as to whether the
46 Commonwealth may acquire land for any purpose.
47 Mr. SYMON.-Is that power of the state necessary in this Constitution at all?
48 Mr. OCONNOR.-I do not know that it is.
49 Mr. SYMON.-I think it is an interference.
50 END QUOTE
51
53 Convention)
54 QUOTE
55 Mr. BARTON (New South Wales).-I remember well that this question was raised in Adelaide by the
56 honorable member (Dr. Cockburn), and there is a great deal in it. The section in the American Constitution is
57 as follows:-
58 No state shall, without the consent of Congress, lay any imposts or duties on imports or exports except what
59 may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts
60 made by any state on imports or exports shall be for the use of the Treasury of the United States, and all such
61 laws shall be subject to the revision and control of the Congress.
Page 30
1 Then it goes on to other subjects, such as maintaining armies and levying war. A case which the honorable
2 member (Mr. Isaacs) mentioned appears clearly to go the length which he suggested, that is that this section
3 as it exists in the American Constitution, or the parallel clause, does not deal with inter-state commerce but
4 only with imports from or exports to foreign countries. That might be got rid of, as far as this clause is
5 concerned, by a small amendment. For instance, after the words "imports and exports," we might insert
6 "inter-state or foreign" or similar words. That will show clearly that the power was intended to be reserved to
7 the states to deal with importation even from other colonies of such pests as have been mentioned. It might be
8 as well between now and the next occasion upon which we deal with this clause to draft an amendment to
9 meet the position. Mr. Isaacs has referred me to a decision in America, in the State of Minnesota v. Barber,
10 136 U.S., 313, which goes this length:-
11 The statute of Minnesota providing for inspection within the state of animals designed for meat, by its
12 necessary operation practically excludes from the markets of that state all fresh beef, veal, mutton, lamb, or
13 pork, in whatever form, if taken from animals slaughtered in other states, notwithstanding the same may be
14 sound and healthy. The result is that it thus directly tends to restrict the slaughtering of animals whose meat
15 is to be sold in Minnesota to those engaged in such business in that state. This discrimination is an
16 encumbrance on commerce amongst states, and is unconstitutional. It cannot be regarded as a rightful
17 exertion of the police power of the state. A burden thus imposed is not to be sustained simply because the
18 statute imposing it applies alike to the people of all the states, including the state enacting it.
19 That is a statute which applied to every animal, whether sound and healthy or not, entering the state and
20 designed for meat. That does not apply to the case which arises under the clause with which we are now
21 dealing. What we want here, I take it, is to see that the states retain power to deal with these pests not in the
22 way of prohibition-and the law which was referred to in that case was a prohibition, and was therefore
23 declared unconstitutional. But we want here a provision that the states shall be able to exercise their powers
24 as individual states at proper places such as the ports and borders. That will not be an infringment of free-
25 trade within the Commonwealth. The way to look at it is: Is it desirable that this power shall be placed in the
26 Commonwealth or among the powers of the states? I am inclined [start page 651] strongly to the latter view. I
27 do not think the word quarantine, for instance, which is used in the sub-section of the 52nd clause, is intended
28 to give the Commonwealth power to legislate with regard to any quarantine. That simply applies to
29 quarantine as referring to diseases among man-kind. I do not think it is intended to enable the
30 Commonwealth to deal with such matters as the tick disease. It has been pointed out by the honorable
31 member (Mr. Fraser) that the Federation should have that power. As far as I am at present advised, that
32 would be a very unwieldy and difficult power for the Commonwealth to use at all. It requires the local
33 knowledge which would only be possessed by the states Parliaments and Governments. I am in favour of the
34 amendment suggested by the honorable member (Mr. Isaacs), and I shall prepare an amendment to make it
35 quite clear that the states shall have power to deal with this matter, not by way of putting on imposts, but
36 simply making charges to enable them to carry out inspection laws.
37 END QUOTE
38
41 QUOTE
42 Dr. QUICK.-I do not think there is any objection on that score. Therefore I would suggest whether the
43 committee should not put naval and military defence under paragraph (b) of sub-section (2) of clause 90. The
44 same argument will apply with equal force to ocean beacons and [start page 839] buoys, ocean light-houses
45 and light-ships, and quarantine, because the citizens of the Commonwealth are uniformly interested in
46 having a good system in regard to these matters. I think we should accustom ourselves to the system of
47 federalization as far as possible from the beginning; and I feel certain that unless that be done in regard to
48 defence, at any rate, this scheme will receive very hostile criticism outside, and probably the Convention may
49 be accused of a want of breadth of view, as well as of a want of patriotism. There is no financial difficulty
50 arising in regard to the distribution of the surplus in the matter of federal defence, and therefore I would
51 suggest that the matter should be considered as one of importance. Undoubtedly, the proviso to which Mr.
52 O'Connor has directed my attention is a very good one. It goes a long way to meet some of the points I have
53 mentioned.
54 Mr. HOLDER.-It is a half-way-house to complete federation.
55 END QUOTE
56
57 See also: Quick & Garran Page 398, etc.
58
59 So much to its all but in my view the above ought to make it clear that the proposed
60 amendments also will be unconstitutional.
Page 31
1
2 This correspondence is not intended and neither must be perceived to address all issues.
3 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)
4 MAY JUSTICE ALWAYS PREVAIL®

5 (Our name is our motto!)
6 END QUOTE 8-4-2020 correspondence to Victorian Ombudsman D Glass
7
8 The above ought to be of great concern to anyone who claims to be a leader but failed so far to
9 show real leadership.
10
11 And, let us not ignore that vaccination of the elderly as I understand it makes them more
12 vulnerable to falling ill because of COVID-19.
13 .
14 https://www.naturalnews.com/2020-05-25-mrna-vaccines-how-they-work-
15 coronavirus.html
16  mRNA vaccines, a primer: How they work, why they’re “cleaner” than traditional vaccines, and why
17 they might prove catastrophic in a rushed coronavirus response - NaturalNews.com
18
19 https://www.naturalnews.com/2020-05-25-moderna-mrna-coronavirus-vaccine-caused-
20 serious-injury.html
21  BREAKING: Moderna’s mRNA coronavirus vaccine caused serious injury in 20% of patients in high
22 dose group, requiring medical intervention - NaturalNews.com
23
24 https://www.naturalnews.com/2020-05-25-covid-19-vaccine-will-contain-gmos-aborted-
25 human-fetal-cells.html
26  Witchcraft or Vaccines? Covid-19 vaccine will contain GMOs and "continuous" aborted human fetal
27 cells, which develop into CANCER in your body - NaturalNews.com
28 We need to return to the organics and legal principles embed in of our federal constitution!
29
30 This correspondence is not intended and neither must be perceived to state all issues/details.
31 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
32 MAY JUSTICE ALWAYS PREVAIL®

33 (Our name is our motto!)


20200528-Mr G. H. Schorel-Hlavka O.W.B. To PM MR SCOTT MORRISON-Re Successful Alternative To LOCKDOWN, Etc

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

20200528-Mr G. H. Schorel-Hlavka O.W.B. To PM MR SCOTT MORRISON-Re Successful Alternative To LOCKDOWN, Etc

Uploaded by

Copyright:

Available Formats

Page 1

1 In “Tucker: America takes a step closer to the truth ” https://www.youtube.com/watch?v=jR5k2RRTFuY it is

28-5-2020 Page 6 © Mr G. H. Schorel-Hlavka O.W.B.

28-5-2020 Page 10 © Mr G. H. Schorel-Hlavka O.W.B.

28-5-2020 Page 12 © Mr G. H. Schorel-Hlavka O.W.B.

28-5-2020 Page 17 © Mr G. H. Schorel-Hlavka O.W.B.

28-5-2020 Page 18 © Mr G. H. Schorel-Hlavka O.W.B.

28-5-2020 Page 22 © Mr G. H. Schorel-Hlavka O.W.B.

28-5-2020 Page 23 © Mr G. H. Schorel-Hlavka O.W.B.

28-5-2020 Page 24 © Mr G. H. Schorel-Hlavka O.W.B.

4 MAY JUSTICE ALWAYS PREVAIL®

32 MAY JUSTICE ALWAYS PREVAIL®

28-5-2020 Page 31 © Mr G. H. Schorel-Hlavka O.W.B.

You might also like