20240518-Mr G. H. Schorel-Hlavka O.W.B. To Jacinta Allan Premier & Ors - Virus, - Hotel Quarantine, FOI Act, Etc

Page 1
1
2
3 Jacinta Allan, Premier (Australia, Victoria date) 18-5-2024
4 jacinta.allan@parliament.vic.gov.au
5
6 Re: 20240518-Mr G. H. Schorel-Hlavka O.W.B. to Jacinta Allan -Virus, Hotel quarantine, FOI Act, etc
7
8 NOT RESTRICTED FOR PUBLICATION
9 Madam,
10 a copy of this document will also be provided to Banyule City Council, Buloke Shire
11 Council and others.
12
13 As I wrote about in my 8 May 2024 correspondence to you:
14 QUOTE
15 The term “for the peace, order, and good government” may for many have no particular
16 meaning however, where it is enshrined in the constitution then as the Framers of the
17 Constitution made very clear:
18 END QUOTE
19
20 Hotel quarantine disaster. I understand you claim that it was because of former Premier Daniel
21 Andrews, however a Premier is a Minister who is a constitutional adviser to the Governor. Any
22 Minister entering in a contract with a private company using tax payers monies cannot conceal
23 the terms of the contract and neither any investigation report regarding the Hotel Quarantine
24 disaster.
25
26 We obviously have the problem that the State of Victoria somehow refuses the release of the
27 Actually, besides the question of validity of the FOI Act itself it cannot provide any legal
28 protections regarding any wrong doing by a Minister and/or his officials.
29
30 Quarantine in regard of “man-kind” infectious diseases as I wrote previously is a exclusive
31 Commonwealth legislative powers since the Commonwealth legislated the Quarantine Act
32 1908 (Cth).
33 No law of a State, not even a purported FOI Act can provide some kind of protection to conceal
34 any unconstitutional conduct by a Minister!
35
36 Hansard 7-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
37 Convention)
38 QUOTE Mr. BARTON (New South Wales).-
39 I do not think the word quarantine, for instance, which is used in the sub-section of the 52nd
40 clause, is intended to give the Commonwealth power to legislate with regard to any
41 quarantine. That simply applies to quarantine as referring to diseases among man-kind.
42 END QUOTE
43
44 QUOTE Sir JOHN DOWNER.-
45 I think we might, on the attempt to found this great Commonwealth, just advance one step,
46 not beyond the substance of the legislation, but beyond the form of the legislation, of the
18-5-2024 Page 1 © Mr G. H. Schorel-Hlavka O.W.B.
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1 different colonies, and say that there shall be embedded in the Constitution the righteous
2 principle that the Ministers of the Crown and their officials shall be liable for any
3 arbitrary act or wrong they may do, in the same way as any private person would be.
4 END QUOTE
5
6 It must be clear that to hide relevant details to prevent a Minister to be held legally accountable
7 is a violation of the true meaning and application of the legal principles embedded in the
8 Commonwealth of Australia Constitution Act 1900 (UK).
9 For this, it is irrelevant if a former Premier may or may not desire the truth to be made known as
10 once he is a Minister (Premier) then he is bound by the constitutional embedded legal principles.
11 Victorians would be denied their right to know what politicians are doing and who to vote for if
12 Ministers could conceal any wrongdoings. The very issue that we have a “responsible Minister”
13 means that electors must be able to hold any Minister responsible and clearly this constitutional
14 right is thwarted when information/ details are concealed. Therefore, for this the FOI Act cannot
15 be used to deny disclosure of details requested.
16
17 The FOI Act itself must be questioned as to its validity and I also refer to:
18
19 IBAC may not desire a lot of paperwork but it could have avoided this had it
20 properly investigated my April 2020 complaint. With numerous Victorians and
21 others have become victims and even many died it just has no excuse.
22 Download the document from:
23 https://www.scribd.com/document/733080187/20240516-Mr-G-H-Schorel-Hlavka-O-W-
24 B-to-IBAC-Re-Enquiry-Case-20242400-The-Royal-Melbourne-Hospital-Re-Mark-
25 Schorel-MRN-1107850
26
27 QUOTE 20240516-Mr G. H. Schorel-Hlavka O.W.B. to IBAC Re Enquiry Case -20242400 -The Royal
28 Melbourne Hospital (Re Mark Schorel MRN 1107850
29 What we have is that various governments are legislating in areas outside their constitutional
30 powers and somehow no one that is most politicians, judges, law enforcement agencies, etc,
31 bother to deal with this.
32
33 Remember the Supreme Court of Victoria throwing out all charges against the Albert Park
34 protesters because the purported legislation had not been published in the Gazette?
35
36 When the British Parliament through the Monarch were able to enact the Commonwealth of
37 Australia Constitution Act 1900 (UK) this had a profound implication upon the newly created
38 States (Section 106 “subject to this constitution”)
39
40 HANSARD 10-03-1891 Constitution Convention Debates
41 QUOTE
42 Dr. COCKBURN: All our experience hitherto has been under the condition of
43 parliamentary sovereignty. Parliament has been the supreme body. But when we embark
44 on federation we throw parliamentary sovereignty overboard. Parliament is no longer
45 supreme. Our parliaments at present are not only legislative, but constituent bodies. They
46 have not only the power of legislation, but the power of amending their constitutions. That
47 must disappear at once on the abolition of parliamentary sovereignty. No parliament
48 under a federation can be a constituent body; it will cease to have the power of
49 changing its constitution at its own will. Again, instead of parliament being supreme, the
50 parliaments of a federation are coordinate bodies-the main power is split up, instead of
51 being vested in one body. More than all that, there is this difference: When parliamentary
52 sovereignty is dispensed with, instead of there being a high court of parliament, you bring
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1 into existence a powerful judiciary which towers above all powers, legislative and
2 executive, and which is the sole arbiter and interpreter of the constitution.
3 END QUOTE
4
5 What eventuated was that the Colony of Victoria Constitution Act 1855 on 1 January 1901
6 because of the Commonwealth of Australia Constitution Act 1900 (UK) became the State of
7 Victoria Constitution Act 1855 on 1 January 1901. Likewise, so with other colonial
8 constitutions.
9
10 WATSON v_ LEE (1979) 144 CLR 374;( JUDGE3 STEPHEN J.)
11 QUOTE
12 As Scott L.J. said in Blackpool Corporation v. Locker (1948) 1 KB 349, at p
13 361 , speaking there of sub-delegated legislation, "there is one quite general
14 question . . . of supreme importance to the continuance of the rule of law
15 under the British constitution, namely, the right of the public affected to
16 know what that law is". The maxim that ignorance of the law is no excuse forms the
17 "working hypothesis on which the rule of law rests in British democracy" but to
18 operate it requires that "the whole of our law, written or unwritten, is accessible to
19 the public - in the sense, of course, that at any rate its legal advisers have access to it at
20 any moment, as of right".
21 END QUOTE
22 Again;
23 QUOTE
24 it requires that "the whole of our law, written or unwritten, is
25 accessible to the public - in the sense, of course,
26 END QUOTE
27
28 This then places the question when was the State of Victoria Constitution Act 1855 (UK) as
29 amended by the Commonwealth of Australia Constitution Act 1900 (UK) gazetted to become
30 law in the State of Victoria?
31
32 While any Colonial law that was gazetted prior to federation and not violating the provisions of
33 the Commonwealth of Australia Constitution Act 1900 (UK) continued to be valid in law,
34 however, any new legislation including the amended State of Victoria Constitution Act 1855
35 (UK) needed to be gazetted to be legally enforceable. Because as I understand it there was no
36 amended version gazetted politicians, lawyers, judges, etc, all seemed to go on as if the Colonial
37 State of Victoria Constitution Act 1855 (UK) was still applicable as such.
38 The fact that subjects such as QUARANTINE for “man-kind” diseases became a
39 Commonwealth power and the States could only legislate using “concurrent” legislative powers
40 until the Commonwealth commenced to legislate, as it did with the Quarantine Act 1908 (Cth)
41 that was later replaced by the Biosecurity Act 2015 (Cth).
42
43 Hansard 27-1-1898 Constitution Convention Debates
44 QUOTE
45 Mr. BARTON.-I was going to explain when I was interrupted that the moment the
46 Commonwealth legislates on this subject the power will become exclusive.
47 END QUOTE
48
50 QUOTE
51 Mr. BARTON (New South Wales).-If this is left as an exclusive power the laws of the
52 states will nevertheless remain in force under clause 100.
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1 Mr. TRENWITH.-Would the states still proceed to make laws?

2 Mr. BARTON.-Not after this power of legislation comes into force. Their existing laws
3 will, however, remain. If this is exclusive they can make no new laws, but the necessity of
4 making these new laws will be all the more forced on the Commonwealth.
5 END QUOTE
6
8 QUOTE Mr. HOWE.-
9 My only desire is to give power to the Federal Parliament to achieve a scheme for old-age
10 pensions if it be practicable, and if the people require it. No power would be taken away
11 from the states. The sub-section would not interfere with the right of any state to act in the
12 meantime until the Federal Parliament took the matter in hand.
13 END QUOTE
14
15 Meaning that all and any legislation that at the time was enacted by the States within their
16 “concurrent” legislative powers seized to exist whenever the Commonwealth commenced to
17 legislate upon a particular subject matter. The income tax issue was a clear example as the High
18 Court of Australia made this very clear. Yet, the same is with when the Commonwealth
19 legislated as to “land taxation” on 11 November 1910 and yet the States, albeit
20 UNCONSTITUTIONALLY still are legislating as to “land taxation including the
21 unconstitutional purported delegated “council rates”, that the High Court of Australia ruled on in
22 The Municipal of Sydney v Commonwealth in 1904 that a council (Municipal Corporations)
23 has no legislative powers.
24
25 If therefore the amended State of Victoria Constitution Act 1855 (UK) was never gazetted then
26 technically the amended State of Victoria Constitution Act 1855 (UK) doesn’t apply and neither
27 so the former amended Colony of Victoria Constitution Act 1855 (UK).
28 And well the purported Victorian Constitution Act 1975 never was within the powers of a
29 “constitutional parliament” to enact without the State electors having approved this by State
30 referendum, regardless if it was gazetted.
31
32 It also means that the number of members of either House of the State of Victoria being in
33 excess of the old Colony of Victoria Constitution Act 1855 (UK) has no legal validity. OK, let
34 have the FRAUD charges against them pursued!
35
37 QUOTE
38 Mr. BARTON.-Our civil rights are not in the hands of any Government, but the
39 rights of the Crown in prosecuting criminals are.
40 END QUOTE
41
42 The following will also make clear that the Framers of the Constitution intended to have CIVIL
43 RIGHTS and LIBERTIES principles embedded in the Constitution;
44
46 QUOTE
47 Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?
48
49 Mr. GORDON.-There will be more than one sentry. In the case of a federal law,
50 every member of a state Parliament will be a sentry, and, every constituent of a state
51 Parliament will be a sentry.
52 As regards a law passed by a state, every man in the Federal Parliament will be a
53 sentry, and the whole constituency behind the Federal Parliament will be a sentry.
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1 END QUOTE
2
3 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
4 Australasian Convention)
5 QUOTE Mr. CLARK.-
6 for the protection of certain fundamental rights and liberties which every individual
7 citizen is entitled to claim that the federal government shall take under its protection and
8 secure to him.
9 END QUOTE
10 .
11 HANSARD18-2-1898 Constitution Convention Debates
12 QUOTE Mr. ISAACS.-
13 The right of a citizen of this great country, protected by the implied guarantees of its
14 Constitution,
15 END QUOTE
16
18 QUOTE
19 Mr. HIGGINS.-But suppose they go beyond their power?
20
21 Mr. GORDON.-It is still the expression of Parliament. Directly a Ministry seeks to enforce improperly
22 any law the citizen has his right.
23 END QUOTE
24
26 QUOTE
27 Mr. SYMON.-What relation has this to customs duties? The industrial life of the state is
28 considered by all of us (subject to this exception, it may be) a thing of purely domestic
29 concern. We do not want to interfere with the domestic life, or with industrial life, except
30 in the last resort. If you are going to introduce such a thing as this it must be the Federal
31 Ministry which will have to decide, subject to the Parliament, and you will introduce the
32 greatest complication and intensity of feeling that was ever seen.
33 Mr. BARTON.-We do not propose to hand over contracts and civil rights to the
34 Federation, and they are intimately allied to this question.
35 END QUOTE
36 .
38 QUOTE
39 Mr. SOLOMON.- We shall not only look to the Federal Judiciary for the protection
40 of our interests, but also for the just interpretation of the Constitution:
41 END QUOTE
42
43 Yes, we ended up with treasonous politicians and their collaborators, terrorism, etc. And the very
44 entities like courts, police, members of parliaments, IBAC, etc in the main appeared to me more
45 interested in betraying their oath of office, etc, then to speak up and stop the rot. Some
46 politicians stood out to speak up but neither Scott Morrison or Anthony Albanese bothered to
47 protect Australians from harm indeed they both were leading the charge as a war against
48 invisible enemy. This, even so no (prime) Minister actually can declare war! This as only a
49 Governor-General can by publishing in the Gazette naming one or more countries in a
50 DECLARATION OF WAR to authorise the Minister for Defence to use Australian armed forces
51 to seek to repel any invaders or in the alternative if any enemy ship was to enter Australian
52 waters then this can be in itself be deemed a DECLARATION OF WAR by enemy forces and
53 then the Minister for Defence can use Australian armed forces to repel any invasion. The sheer
54 and utter nonsense of any (prime) Minister to declare “War against terrorism” or “War against an
55 invisible enemy” is in my view TREASON and TERRORISM!
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1
2 While I am not a person to go on protests, nevertheless I recognize that “peaceful”
3 protest cannot be denied. It is a political liberty enshrined in the constitution and no
4 politicians can deny this.
5
6 This document can be downloaded from:
7 https://www.scribd.com/document/471720353/20200808-G-H-Schorel-Hlavka-O-W-B-to-
8 Mr-Daniel-Andrews-Premier-of-Victoria-FOI-REQUEST
9
10 QUOTE 20200808-G. H. Schorel-Hlavka O.W.B. to Mr Daniel Andrews Premier of Victoria-FOI REQUEST-
11 Mr Daniel Andrews Premier 8-8-2020
12 daniel.andrews@parliament.vic.gov.au
13
14 20200808-G. H. Schorel-Hlavka O.W.B. to Mr Daniel Andrews Premier of Victoria
15 - FOI REQUEST
16 Sir,
17 as you ought to be aware I have for months been writing about this COVID-19 issue but
18 while at times I receive an automatic reply it appears no real communication was forthcoming
19 from you.
20 My wife Olga is 87 and was last October in hospital for Hearth Failure and has various
21 underlying health conditions. She is very upset that in the years left for her she cannot even now
22 go to a shopping centre to have a meal at a restaurant with me of go to a coffee shop as we used
23 to do. In my view, your conduct is not just grossly irresponsible but absurd and defies her as well
24 as mine constitutional rights. In my view, your conduct is that as a constitutional terrorist and
25 needs to be stopped. How on earth can it be in the interest of safety where my wife, who 24/7
26 lives with me cannot be permitted to travel with me to a supermarket as only one person of the
27 household is permitted to do so, but she could (at her expenses of course) travel in a taxi or
28 public transport at great risk to her health to a supermarket.
29 This alone ought to underline how absurd the restrictions are! So, my wife who has problems to
30 walk distances, would have to struggle from a taxi into a shopping centre. Have to walk around,
31 (instead of letting me take some items) and then struggle with a trolley to wait for a taxi, and
32 then somehow return the trolley to the appropriate storage and then walk to the taxi again. And,
33 that is not to say a taxi would be willing to turn up for such a short distance. And, where my wife
34 needs assistance during the shopping who will be there for her? Forget about store personnel as
35 they are about missing for any customer assistance. However, if I were to become a driver to
36 transport people such as drive a taxi, then I could drive my wife to a store but would ordinary not
37 be permitted to accompany her in the shopping as I could then face a reported $5,000 fine, but
38 not is a stranger was to go along with her for the same purpose.
39
40 The following is regarding the USA but may provide some indications that there are questions as
41 to how testing is done, compiled, etc.
42
43 https://childrenshealthdefense.org/news/if-covid-fatalities-were-90-2-lower-how-would-you-
44 feel-about-schools-reopening/ July 24, 2020
45 If COVID Fatalities Were 90.2% Lower, How Would You Feel About Schools Reopening?
46 QUOTE
47 Some have argued for concern and caution in the 25 to 54 age demographic, which makes logical sense,
48 so let’s look again at the current data available.
49 • More work force age adults, in the 25 to 54 age demographic, have died from pneumonia (9,268) compared
50 to COVID-19 (9,034).

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1 • In the 25 to 54 age demographic, there have been 146,663 reported fatalities from all causes.
2 • Thus, COVID-19 fatalities in the 25 to 54 age demographic make up 6.16% of all fatalities. The risk of
3 fatality for COVID-19 is on par with the risk of fatality associated with contracting pneumonia, 6.32% in
4 this age demographic.
5 As encouraging as this data is, we have concerns regarding data collection and reporting that we will discuss
6 below that potentially lowers current fatality counts by 90.2%. It is very possible that state health
7 departments have been instructed by the CDC to over-count COVID fatalities, cases, and hospitalizations,
8 and we will present that evidence shortly.
9 … there is no more significant risk of fatality from contracting the SARS-CoV-2 virus than there is for
10 developing pneumonia for teens & young adults.
11 As we have demonstrated in our first 2 research articles, ‘Are Children Really Recovering 99.9584% of the
12 Time From COVID-19,’ and ‘COVID-19…Have You Heard? There Is Good News!’ there is a very real
13 concern for Americans over the age 50 and especially over 65 years of age. Risk of fatality increases
14 substantially for Americans over age 50 with at least 1 of the following comorbidities: Hypertension,
15 Diabetes, Elevated Cholesterol, Kidney Disease, Dementia, Heart Disease. For perspective, according to
16 the CDC, is the risk of dying from pneumonia higher than the risk of dying from COVID-19 in the 55
17 to 64 age demographic?
18 END QUOTE
19
23 QUOTE
24 After all, based upon the July 11th data from the CDC’s Provisional COVID-19 Death Counts by Sex, Age &
25 State webpage, if COVID-19 is an epidemic (122,374 Fatalities), then shouldn’t pneumonia (131,372
26 Fatalities) also be an epidemic?
27 Why Did the CDC Decide to Create Unique Reporting Rules for COVID-19 When
28 Successful Reporting Rules Already Existed?
29 A double standard exists for how COVID-19 data is collected and reported versus all other infectious
30 diseases and causes of death. Let’s examine three essential data categories; Fatalities, Cases &
31 Hospitalizations for all infectious diseases because there are significant flaws in what constitutes a COVID-
32 19 case, hospitalization and fatality.
33 On March 24th, the CDC decided to ignore universal data collection and reporting guidelines for fatalities in
34 favor of adopting new guidelines unique to COVID-19. The guidelines the CDC decided against using have
35 been used successfully since 2003.
36 After all, based upon the July 11th data from the CDC’s Provisional COVID-19 Death Counts by Sex, Age &
37 State webpage, if COVID-19 is an epidemic (122,374 Fatalities), then shouldn’t pneumonia (131,372
38 Fatalities) also be an epidemic?1
39 END QUOTE
40
44 QUOTE
45 This is important because the PCR test has been reported to be inaccurate 50% of the time it is used
46 according to Dr. Lee as reported in the International Journal of Geriatrics and Rehabilitation published on
47 July 17th, 2020. In this study, up to 30% of PCR tests resulted in false positives and up to 20% resulted in
48 false negatives, which means that PCR may only be accurate for detection 50% of the time it is used. 18

Page 8
1 The generally accepted medical standard for lab test accuracy is 95% and above, but in a situation like this
2 70 to 80% would likely be deemed as acceptable by most medical professionals.
3 Additionally, the mere presence of viral nucleic acids does not necessarily indicate active viral infection nor
4 viral replication. Nucleic acid fragments from a viral entity may exist in patient tissues because of
5 immunological destruction of the virus, which is supposed to happen and potentially occurred several weeks
6 prior to specimen collection. What PCR testing may be discovering is not evidence of a current infection, but
7 rather the remnants of a prior infection that the patient has already recovered from.
8 END QUOTE
9
13 QUOTE
14 We may never know. However, when we base our estimates upon the comorbidity data being published by
15 New York, Massachusetts, Georgia, Oklahoma, Utah, Pennsylvania and Iowa the data suggests that
16 accurate fatality rates could drop by approximately 90.2%.
17 How much would using the Medical Examiners’ and Coroners’ Handbook on Death Registration and Fetal
18 Death Reporting rather than the March 24th NVSS guidelines and the April 14th CSTE position paper
19 completely reshape the way we see COVID-19?
20 How much would it address the fear of the SARS-CoV-2 virus, and the implications, which so many
21 media outlets have attempted to instilled within us?
22 And would any objective American have any worry for our children’s safety if they knew that pneumonia
23 and influenza have each claimed more lives in the 0 to 14 age demographic than COVID-19?
24 We have serious professional and ethical concerns with empowering people with limited medical
25 training to diagnose any medical condition without examining the prospective patient and reviewing a
26 full health history with them as Contact Tracers are doing.
27 We have serious professional and ethical concerns with hospitals admitting patients as COVID-19 case
28 without definitive evidence.
29 We have serious professional and ethical concerns with licensed physicians and nurses being required to
30 classify all hospitalizations as COVID-19, regardless of reason for admission, or if the patient tests positive
31 or is suspected to have contracted the SARS-CoV-2 virus. Making this a requirement prevents trained
32 medical professionals from using their best judgment in determining diagnosis.
33 END QUOTE
34
35 Within the Commonwealth of Australia Constitution Act 1900 (UK) the Framers of the
36 constitution embedded legal principles which includes s92 and s117.
37
38 92 Trade within the Commonwealth to be free
39 On the imposition of uniform duties of customs, trade, commerce, and intercourse among the
40 States, whether by means of internal carriage or ocean navigation, shall be absolutely free.
41 But notwithstanding anything in this Constitution, goods imported before the imposition of uniform
42 duties of customs into any State, or into any Colony which, whilst the goods remain therein,
43 becomes a State, shall, on thence passing into another State within two years after the imposition of
44 such duties, be liable to any duty chargeable on the importation of such goods into the
45 Commonwealth, less any duty paid in respect of the goods on their importation.
46
47 117 Rights of residents in States
48 A subject of the Queen, resident in any State, shall not be subject in any other State to any
49 disability or discrimination which would not be equally applicable to him if he were a subject of
50 the Queen resident in such other State.
51
52 I came across an article:
53 https://www.abc.net.au/news/2020-08-02/government-removes-support-for-clive-palmers-push-to-open-
54 border/12515948
55 Commonwealth withdraws from Clive Palmer border case, Prime Minister's letter to WA Premier reveals
56
57 In which it was stated:
58 QUOTE
Page 9
1 In his letter, dated August 1, Mr Morrison stated that he had "taken into account the changed state of
2 the pandemic", and noted the "high level of concern regarding public health in the Western Australian
3 community".
4 END QUOTE
5 And
6 QUOTE
7 "While taking our constitutional responsibilities seriously in seeking to respect established
8 conventions, I also accept that recent events in the Eastern States, especially Victoria, are creating real
9 concerns to residents in other states less impacted," the Prime Minister wrote.
10 "I do not wish to see these concerns further exacerbated in Western Australia."
11 END QUOTE
12
13 It appears that the Prime Minister somehow perceives some “convention” overrides the
14 provisions of the Commonwealth of Australia Constitution Act 1900 (UK).
15
16 Obviously this is utter and sheer nonsense.
17 .
20 QUOTE Sir HENRY PARKES:
21 The resolutions conclude:
22 An executive, consisting of a governor-general, and such persons as may from time
23 to time be appointed as his advisers, such persons sitting in Parliament, and whose
24 term of office shall depend upon their possessing the confidence of the house of
25 representatives expressed by the support of the majority.
26 What is meant by that is simply to call into existence a ministry to conduct the affairs of
27 the new nation as similar as it can be to the ministry of England-a body of constitutional
28 advisers who shall stand as nearly as possible in the same relation to the representative of
29 the Crown here [start page 27] a her Majesty's imperial advisers stand is relation to the
30 Crown directly. These, then, are the principles which my resolutions seek to lay down as a
31 foundation, as I have already stated, for the new super structure, my object being to invite
32 other gentlemen to work upon this foundation so as to best advance the ends we have in
33 view.
34 END QUOTE
35
36 If therefore the Prime Minister or for that any Minister of the Commonwealth, State/Territory
37 cannot grasp what is constitutionally applicable then they shouldn’t be Ministers in the first
38 place. Constitutional terrorism by any Minister or their officials never must be permitted nor
39 condoned.
40 .
42 QUOTE
43 Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
44 END QUOTE
45 .
47 QUOTE
48 Mr. GORDON.- The court may say-"It is a good law, but as it technically infringes on the Constitution
49 we will have to wipe it out."
50 END QUOTE
51

Page 10
1 No one is more in favour of that than I am. But, at the same time, it is said-"Let the Houses of Parliament act
2 capriciously and variously from day to day-allow this 'tacking' to go on if the Houses choose to agree to it-let
3 the Houses do one thing one day and another the next, and do not bother about altering the Constitution, but
4 trust the Parliament." Of course; but Parliament must only be trusted when it is within the Constitution.
5 The Senate of to-day and the House of Representatives must not be put in a position superior to the
6 Constitution.
7 END QUOTE
8
10 QUOTE Mr. BARTON (New South Wales).-
11
12 I do not think the word quarantine, for instance, which is used in the sub-section of the 52nd clause, is
13 intended to give the Commonwealth power to legislate with regard to any quarantine. That simply applies to
14 quarantine as referring to diseases among man-kind.
15 END QUOTE
16
17 The following applies as much to Federal laws of the Commonwealth of Australia
18 as it does to federal laws in the USA; http://familyguardian.tax-
19 tactics.com/Subjects/LawAndGovt/ChallJurisdiction/AuthoritiesArticle/AuthOnJurisdiction.htm
20 QUOTE
21 37 Am Jur 2d at section 8 states, in part: “Fraud vitiates every transaction and all contracts. Indeed, the
22 principle is often stated, in broad and sweeping language, that fraud destroys the validity of everything into
23 which it enters, and that it vitiates the most solemn contracts, documents, and even judgments.”
24 END QUOTE
25 And
26 QUOTE
27 The general misconception is that any statute passed by legislators bearing the appearance of law constitutes
28 the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be
29 in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail.
30 This is succinctly stated as follows:
31 The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no
32 law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its
33 enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal
34 contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it
35 purports to settle just as it would be had the statute not been enacted.
36 Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no
37 rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts
38 performed under it. . .
39 A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede
40 any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is
41 superseded thereby.
42 No one is bound to obey an unconstitutional law and no courts are bound to enforce it.
43 END QUOTE
44
45 QUOTE Quick & Garran
46 LIMITS OF THE POLICE POWERS. – The right of exclusion is founded on the vital necessity of
47 self-defence and self-protection. A State could not exclude persons, animals or merchandise unobjectionable
48 in character, health, and quality, and fit subjects of commerce. (Brimmer v. Rebman, 136 U.S. 78.) In
49 Henderson v. Mayor of New York, 92 U.S. 259, the extent to which a State could exclude paupers and
50 criminals was not clearly decided. A state law which forbids the entrance into the State of person who is not
51 pauper, vagabonds, are criminals, and who are not unsound in body or mind, is not a right exercise of the
52 police power. (State v, Steamship “Constitution” 42 Calif. 579.)
53 END QUOTE
54
55 Hansard 9-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
57 QUOTE
58 Mr. DEAKIN (Victoria).-The position of my honorable and learned friend (Mr. [start page 2092] Higgins)
59 may be perfectly correct. It may be that without any special provision the practice of the High Court, when
60 declaring an Act ultra vires, would be that such a declaration applied only to the part which trespassed
Page 11
1 beyond the limits of the Constitution. If that were so, it would be a general principle applicable to the
2 interpretation of the whole of the Constitution.
3 END QUOTE
4 .
6 QUOTE
7 Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid.
8 END QUOTE
9
10 https://www.abc.net.au/news/2020-07-28/wa-may-be-forced-to-open-coronavirus-borders-by-high-
11 court/12495046?fbclid=IwAR3lKRwRYyyJnXJjgYhlNaZgOfCmYvt_1aeq5b6DGk46Ro46SF0HNj480oE
12 WA at risk of losing legal bid by Clive Palmer to bring down coronavirus border, Premier admits
13
14 It is important that any reader is not misconceiving a statement that somehow some Health
15 Official can directly/indirectly override our Commonwealth of Australia Constitution Act 1900
16 (UK). As such, border closures are violating s117 and s92 of the constitution which denies
17 discrimination of citizens of different states. No doctor can justify this either, this as his medical
18 experiences, for what it might be, has absolutely no bearing upon the provisions of the
19 constitution. It would be absurd if some doctor can willy-nilly override constitutional provisions.
20
21 We now had in Victoria the order for anyone to wear a mask, just that my own research indicates
22 there is no such mask existing that protects against “COVID-19”. It therefore is absurd that a
23 Health Official would demand the usage of mask that are not existing let alone available for
24 anyone.
25 My wife’s heart specialist went on leave (being pregnant) and now my wife was unable to obtain
26 a medical exemption certificate not needing to wear a mask. She yesterday tried again 2 different
27 kinds and well shortly after that ended up falling ill. This clearly is cruel and I view heartless to
28 inflict upon a woman of her age.
29 .
30 I have over the months extensively written about the COVID-19 issue and provided you with
31 numerous emails with attachments. While you may be blatant ignorant to consider let alone
32 respond to me, nevertheless I view you had ample of time to consider it all. Still you now have
33 even purportedly made a declaration of a disaster of some invisible enemy (as PM Scott
34 Morrison claimed it was).
35 In my view you are the real disaster for engaging in what I view constitutional terrorism with
36 others of your kind.
37 Again:
38 https://www.abc.net.au/news/2020-07-28/wa-may-be-forced-to-open-coronavirus-borders-by-high-
39 court/12495046?fbclid=IwAR3lKRwRYyyJnXJjgYhlNaZgOfCmYvt_1aeq5b6DGk46Ro46SF0HNj480oE
40 WA at risk of losing legal bid by Clive Palmer to bring down coronavirus border, Premier admits
41
42 Our (federal) constitution is not depending upon you and other politicians having some
43 “convention” to close borders in violation of our constitutional rights as the Framers of the
44 Constitution made clear:
45
48 QUOTE Mr. DEAKIN.-
49 What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the liberty and
50 the means to achieve all to which men in these days can reasonably aspire. A charter of liberty is enshrined in
51 this Constitution, which is also a charter of peace-of peace, order, and good government for the whole of the
52 peoples whom it will embrace and unite.
53 END QUOTE
54 And

Page 12
1 QUOTE
2 Mr. SYMON (South Australia).- We who are assembled in this Convention are about to commit to the
3 people of Australia a new charter of union and liberty; we are about to commit this new Magna Charta
4 for their acceptance and confirmation, and I can conceive of nothing of greater magnitude in the whole
5 history of the peoples of the world than this question upon which we are about to invite the peoples of
6 Australia to vote. The Great Charter was wrung by the barons of England from a reluctant king. This new
7 charter is to be given by the people of Australia to themselves.
8 END QUOTE
9
11 QUOTE
12 Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
13 END QUOTE
14
15 You may also consider my correspondence “20200801-G. H. Schorel-Hlavka O.W.B. to
16 Senator the Hon Richard Colbeck-Minister for Aged Care and Senior Australians & Ors”
17 can be downloaded.
18
19 Let us finally have a proper investigation by all concerned so we really prevent early deaths in nursing
20 homes and other care facilities as well as look better after the doctors, nurses and carers.
21
22 This document can be downloaded from:
23 https://www.scribd.com/document/471083981/20200801-G-H-Schorel-Hlavka-O-W-B-to-Senator-the-Hon-
24 Richard-Colbeck-Minister-for-Aged-Care-and-Senior-Australians-Ors
25 As well as:
26
27 https://www.rumormillnews.com/cgi-bin/forum.cgi?read=151356
28 July 16, Ty & Charlene Bollinger: '8 “Facts” About Coronavirus That Are Actually Lies'
29
30 My view is that “Stay at Home Directions (Restricted Areas) (No 4) - 22 July 2020” requiring
31 mask to be worn where to my understanding no mask s exist to protect against COVID-19 is an
32 absurdity.
33
34 The Framers if the Constitution embedded this legal principle also in the constitution:
35
37 QUOTE
38 Mr. OCONNOR.-No, it would not; and, as an honorable member reminds me, there is a decision on
39 the point. All that is intended is that there shall be some process of law by which the parties accused must
40 be heard.
41 Mr. HIGGINS.-Both sides heard.
42 Mr. OCONNOR.-Yes; and the process of law within that principle may be [start page 689] anything the
43 state thinks fit. This provision simply assures that there shall be some form by which a person accused will
44 have an opportunity of stating his case before being deprived of his liberty. Is not that a first principle in
45 criminal law now? I cannot understand any one objecting to this proposal.
46 END QUOTE
47 And
49 QUOTE
50 Sir JOHN DOWNER.-Now it is coming out. The Constitution is made for the people and the states on
51 terms that are just to both.
52 END QUOTE
53
54 Hence, the provision of the judiciary is so it can impartially hear and determine issues between a
55 citizen and a government or governments.
56
Page 13
1 And they also made clear:

4 I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond
5 the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say
6 that there shall be embedded in the Constitution the righteous principle that the Ministers of the
7 Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as
8 any private person would be.
9 END QUOTE
10
11 I do not accept that you can somehow lawfully override constitutional rights and essentially
12 place citizens under house arrest in violation of constitutional provisions!
13
18 QUOTE Mr. CLARK.-
19 the protection of certain fundamental rights and liberties which every individual citizen is entitled to
20 claim that the federal government shall take under its protection and secure to him.
21 END QUOTE
22
24 QUOTE
26
27 Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a
28 state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry.
29 As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole
30 constituency behind the Federal Parliament will be a sentry.
31 END QUOTE
32
33 I require you to immediately withdraw this claimed State of disaster and other restrictions so that
34 the LOCKDOWN is to an end and so other restrictions, including all and any border restrictions!
35
36 You claimed that you rely upon science, but I wonder if this is nothing more but “JUNCK
37 SCIENCE” as appears to me just considering the masks issue that requires a mask to be worn
38 where none to my knowledge exists against COVID-19.
39 .
40 In my view you are in violation of s44 of the Constitution as the States created within s106
41 “subject to this constitution” then State Members of Parliament also then must avoid any
42 conflicts as federal Members of Parliament are bound by. Any dealing with the Chinese
43 Government I view therefore may invalidate you being a Member of Parliament where this
44 places you under certain obligations, etc.
45
46 Yes vulnerable people are dying in nursing homes and hospitals but the question is what really is
47 causing their deaths? Terrorising the community to unconstitutionally restrict their movements to
48 me is totally unacceptable.
49 I do not accept that you can unilaterally be allowed to destroy the life work of many Victorians
50 by shutting down their businesses for an “invisible enemy”.
51 In my view the provision of “acquisition” regarding the commonwealth likewise must be deemed
52 to apply to the States and as such those who at no fault lost their businesses should be
53 appropriately compensated.
54
56 QUOTE

Page 14
1 Mr. BARTON.- Of course it will be argued that this Constitution will have been made by the Parliament of
2 the United Kingdom. That will be true in one sense, but not true in effect, because the provisions of this
3 Constitution, the principles which it embodies, and the details of enactment by which those principles
4 are enforced, will all have been the work of Australians.
5 END QUOTE
6
7 In my view the disaster is what you are about lacking proper leadership and may very well have
8 resulted either directly or indirectly to uncalled death.
9 “QUARANTINE” is Commonwealth legislative powers when it comes to “man-kind”
10 infectious diseases other than if a particular person if held to be infected and the State then can
11 apply for the court to issue orders appropriate in the circumstances. But, it must always be an
12 impartial Administration of justice the Letters patent published on 2 January 1901 provided for.
13 No such thing as incarcerating/imprisoning health persons without any court order.
14
15 As you may recall I in AEC v Schorel-Hlavka challenged the “compulsory” part of voting in
16 political elections and on 19 July 2006 succeeded in both appeals. Underlining that I have
17 succeeded in the past on constitutional issues.
18 I can assure you that I prefer to spend my limited time preferable with my wife however, if you
19 fail to act appropriately then I view there is no alternative but to litigate in the courts.
20
21 The article I referred to above
25
26 Indicates that up to 90.2% of claimed cases might be falsely claimed. In any event the details
27 relied upon indicates that there are more Influenza deaths then CODI-19 attributed deaths and no
28 LOCKDOWN and other restrictions (not that I seek to imply they are appropriate ) have been
29 applied regarding Influenza and “common cold” deaths.
30 As I understand it COVID-19 is a member of the coronaviruses that includes “common cold”
31 and “Influenza” and anyone who had immunization against a virus in the past may still show
32 antibodies and so falsely be deemed positive for COVID-19.
33
34 I understand that in
35 https://cairnsnews.org/2018/11/19/u-s-govt-loses-landmark-vaccine-lawsuit/?wref=tp
36 U.S. GOVT LOSES LANDMARK VACCINE LAWSUIT
37 It was exposed that no record exist of any safety checks having been made for the last 30 years
38 as to vaccinations issues.
39
40 Yet, I understand doctors in Australia continue to claim that vaccines are safe. Hence, where to
41 have allowed I understand “compulsory”/forced vaccination of people in care such as nursing
42 homes, etc, I request therefore of all relevant details you relied upon that indeed vaccinations
43 were checked for any adverse effects, etc.
44
45 I understand from:
46 https://www.abc.net.au/news/2020-08-02/victoria-coronavirus-state-of-disaster-explained/12516570
47 Victoria has enacted a state of disaster to enforce coronavirus restrictions. Here's what that means
48 QUOTE
49 During a year of disasters, it's now being enacted to respond to the coronavirus crisis, which Premier
50 Daniel Andrews said was "wildly infectious and absolutely dynamic".
51 "This is a public health bushfire, but you can't smell the smoke and you can't see the flames. This is
52 very different, it is a wicked enemy," he said.
53 END QUOTE
54 And
Page 15
3 QUOTE
4 It also gives the Government the power to suspend other Acts of Parliament if it appears it "would
5 inhibit response to or recovery from the disaster".
6 END QUOTE
7
8 It is my view that regardless what the Victorian Parliament may have enacted there can be no
9 powers for a Government to suspend any Act of Parliament. So to say, the servant cannot
10 overrule the master. Neither do I accept that the parliament can be suspended during any
11 Declaration of Emergency/Disaster (without seeking to imply that such declaration has any
12 constitutional validity) as the Boris Johnson (PM of the UK - in the BREXIT issue) case proved
13 that even where Her majesty had signed to Prorogue the parliament it was held to be
14 unconstitutional as it would prevent the Parliament to have an oversight of the Government of
15 the Day.
16 Therefore there must be oversight by the parliament during the entire claimed declaration of
17 Emergency/Disaster.
18
20 Victoria has enacted a state of disaster to enforce coronavirus restrictions. Here's what that means QUOTE
21 Emergency Services Minister Lisa Neville said the state of disaster would put beyond doubt the powers
22 of police to enforce health directives and shut down protests
23 END QUOTE
24 And
26 Victoria has enacted a state of disaster to enforce coronavirus restrictions. Here's what that means QUOTE
27 During the COVID-19 pandemic, Ms Neville suggested it would enable police to prevent all protests or
28 move along crowds at settings like supermarkets if physical-distancing rules were not being followed.
29 END QUOTE
30
31 Neither do I accept that the Emergency Service Minister (whom ever it might be at the time) can
32 allow the police to shut down any protest.
33 The States within Section 106 of the Commonwealth of Australia Constitution Act 1900 (UK)
34 are created “subject to this constitution” and therefore all legal principles embedded in the
35 federal constitution are applicable to the States.
36 .
39 QUOTE Mr. DEAKIN.-
40 What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the liberty and
41 the means to achieve all to which men in these days can reasonably aspire. A charter of liberty is enshrined in
42 this Constitution, which is also a charter of peace-of peace, order, and good government for the whole of the
43 peoples whom it will embrace and unite.
44 END QUOTE
45 And
47 QUOTE
48 Mr. SYMON (South Australia).- We who are assembled in this Convention are about to commit to the
49 people of Australia a new charter of union and liberty; we are about to commit this new Magna Charta
50 for their acceptance and confirmation, and I can conceive of nothing of greater magnitude in the whole
51 history of the peoples of the world than this question upon which we are about to invite the peoples of
52 Australia to vote. The Great Charter was wrung by the barons of England from a reluctant king. This new
53 charter is to be given by the people of Australia to themselves.
54 END QUOTE
55
57 QUOTE

Page 16
1 Mr. BARTON.- Of course it will be argued that this Constitution will have been made by the Parliament of
2 the United Kingdom. That will be true in one sense, but not true in effect, because the provisions of this
3 Constitution, the principles which it embodies, and the details of enactment by which those principles
4 are enforced, will all have been the work of Australians.
5 END QUOTE
6
11 QUOTE Mr. CLARK.-
12 the protection of certain fundamental rights and liberties which every individual citizen is entitled to
13 claim that the federal government shall take under its protection and secure to him.
14 END QUOTE
15
17 QUOTE
19
20 Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a
21 state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry.
22 As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole
23 constituency behind the Federal Parliament will be a sentry.
24 END QUOTE
25
26 It is therefore clear that an Emergency Service Minister cannot override the federal constitution
27 to shut down a protest.
28 .
31 QUOTE
32 But the Act doesn't allow the Minister to give the ADF additional enforcement powers.
33 END QUOTE
34
35 My past writings provided to you made it very clear that the ADF cannot in any manner enforce
36 State laws and indeed border closures by the states violate s117 of the constitution as well as s92
37 where it interferes with trade and commerce.
38
41 QUOTE
42 Mr Andrews said while states of disaster and emergency could operate independently, they worked
43 best together, and he had advice that conditions had been met to trigger them.
44 END QUOTE
45
46 As you refer to “advice” I therefore require you to provide me all relevant details of that advice.
47 .
48 I on 7 August 2020 wrote to Mr Clive Palmer that I am willing to substitute him in current legal
49 proceedings against WA and I would broaden the matter to include all State/Territories as well as
50 the Commonwealth on basis of it being a “public interest” matter.
51
52 It would therefore be essential that the requested details/documents/information, etc, is provided
53 to me so I can set out for the court why I view the restrictions were unjustified, a misuse of
54 power and violations of constitutional rights.
55
56 I make it clear that in any event since COVID-19 was made known in the media have done a
57 considerable research in posts, articles and videos and I understand:
Page 17
1
2 Virologist made clear that COVID-19 is not infectious.
3 Pathologist made clear that there is a consensus amongst pathologist (Italy, France, Spain, etc)
4 that no one died from COVID-19 but died “with” COVID-19.
5
6 I understand that no one has actually been able to separate the alleged COVID-19 as it is all so to
7 say an illusion of the mind. Obviously, you relying upon medical experts will be able to provide
8 me with your evidence as to justify the claimed Emergency/Disaster.
9
10 I understand that after the “Stay at Home Directions (Restricted Areas) (No 4) - 22 July 2020”
11 was issued thereafter some days later it was announced that masks with ventilators are not to be
12 used, etc. To me this indicates that the directions were issued without proper research!
13 In my view, no mask exist in the entire world that has been manufactured to protect against any
14 infection of COVID-19. This doesn’t mean to imply I accept there is an infectious disease called
15 COVID-19!
16
17 In my view (apart of the question of legal validity) the Directions also failed to be appropriately
18 in the circumstances.
19
20 For example: My 87 year old wife was last year in hospital for Heart Failure and other
21 underlying medical issues and cannot drive a motor vehicle.
22 It appears that by the directions you issued only one person in a household can go shopping.
23 It means that if my wife wanted to go shopping to purchase certain items she would have to get a
24 taxi cab to drive her to and from the shopping centre but as she is limited to walk about 100
25 metres she would have problems to move about with a trolley. And even after shopping would
26 try to find a cab, load the cab and then somehow return the trolley to a trolley stand and than
27 walk back to the taxi. Obviously, the taxi will charge for the duration of this also. Effectively
28 you utter and sheer nonsense of directions would prevent me as her husband to drive her to the
29 shops as we are accustomed to do and you virtually imprison my wife in the last few years she
30 may still be able to live. And, that is your perception of the best for the community? When did
31 you have a brain scan, I wonder.
32 My wife, last year, discovered a likes for baking cakes after I commented after her first cake that
33 I actually like eating cakes. So at times she bakes one day after day.
34 But now with restrictions there appears to be a limit not only on purchasing certain items but
35 even as to the time a person could spend away from home. With her ability to move about and
36 needing to sit down from time to time to rest you have reportedly this draconic 1 hours limit.
37 Considering my wife may at times take 10 of 15 minutes just to get in or get out of the car then
38 this too is another absurdity. Again, did you ever have a brain scan?
39 .
40 I last Thursday went driving about from Viewbank, via Watsonia and Thomastown to Reservoir.
41 After that I went to Bundoora and then back to McDonalds in Thomastown and then got gas and
42 after that again to Reservoir. From there I went to Bunnings to purchase a O-ring for the kitchen
43 water tap, which needs to be done on the special orders desk, but I was refused not being a trady.
44 What an absurdity. Apparently your dictatorship for this. I view unconstitutional. Anyhow I then
45 went to the bank in Bundoora and after that I went shopping at Coles and then Aldi (which had
46 no eggs) and from there to Aldi in Lower Plenty as my wife needed eggs to bake further cakes. I
47 during the trip at no time wore any mask! A police car did stop right next to me in Reservoir but
48 at no time did the police stop me or question me about my doing. Then again, it is none of their
49 business as I am entitled to exercise my constitutional rights.
50 .

Page 18
1 I did notice, even so I do generally never watch television, on a video someone direct me to that
2 the police had been smashing car windows and the Chief Commissioner of Police had something
3 to say about people claiming to be “sovereign citizens”. It appears to me that this Chief
4 Commissioner of Police needs an education on constitutional law. He may hold it derogative for
5 anyone to claim to be a “sovereign citizen” but reality is that any person residing in the
6 Commonwealth of Australia is a “sovereign citizen” because only the citizens when electors can
7 vote to amend a constitution. And where a “sovereign citizen” objects to a law that this
8 “sovereign citizen” hold is unconstitutional then as I proved in AEC v Schorel-Hlavka on 19 July
9 2006 succeeding in both appeals when representing myself, that indeed any legislation or better
10 to state purported legislation that violates the constitution will be when a “sovereign citizen”
11 object be ULTRA VIRES Ab Initio unless and until if ever at all a court of competent
12 jurisdiction declare it to be INTRA VIRES.
13 A “sovereign citizen” is compelled to comply with any law that is within constitutional
14 legislative powers.
15
16 For example, in Sydney Council v Commonwealth the High Court of Australia in 1904 declared
17 that council rates were a delegated State land tax power.
18 On 11 November 1910 the Commonwealth commenced to provide for the Land Tax Office (the
19 forerunner of the ATO) and by this it wiped out the State legislative powers to charge land
20 taxation and also municipal/shire councils no longer could apply the delegated land taxation
21 powers as “council rates”.
22 While this has been broadly ignored reality is that time will come to have this out before the
23 courts. After all on what legal basis is the State charging State land taxation where it has no such
24 legislative powers, let alone the municipal/shire councils have any such powers to charge the so
25 called “council rates”?
26
27 And, before you get carried away of having powers within the 1975 Constitution Act (Vic) let
28 me make it very clear there exist no such constitution. It is merely an Act of Parliament and by
29 the federation colonies gave up their sovereign powers to create and/or amend their constitutions.
30
31 And, do keep in mind that “Australian citizenship” is not, that is constitutionally, a nationality, as
32 it can only be obtained in one manner and that is when a person obtains “State citizenship” and
33 well I understand no State has any State Citizenship legislation to provide for this.
34
35 http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=ASSE
36 MBLY&speech=23716&activity=Second+Reading&title=SAFE+DRINKING+WATER+BILL&date1=7&date2=
37 May&date3=2003&query=true%0a%09and+%28+data+contains+'safe'%0a%09and+data+contains+'water'+%29
38 QUOTE
39 Mr ANDREWS (Mulgrave) - It is a pleasure to speak in support of the Safe Drinking
40 Water Bill. This bill forms part of the government's strategic approach to water
41 management, with specific attention being paid to water quality and risk management as
42 matters of public health. It is worth noting that this is a debate about public health and
43 about making sure that each community across our state has access to the highest quality
44 water. It is also worth noting that this bill has been introduced by the Minister for Health as
45 a matter of public health.
46 The bill has four specific objectives. Before going on to those I welcome the support
47 shown by the Liberal and National parties for this bill. Every endeavour has been made to
48 try to provide as much information as possible.
49 END QUOTE
50
51 Yet, GWMWater so to say has thumped its nose upon this and does as it likes.

Page 19
1 As I understand it by 2004 it had no provisions to supply “Safe Drinking Water” to many

2 regional area’s including Berriwillock (where I have a property). By 2005 it still didn’t have Safe
3 Drinking Water to Berriwillock. By 2006 it still didn’t have any Safe Drinking water to
4 Berriwillock and one may question then what on earth is going on where a water service
5 provider can so to say thump its nose upon legislative provisions? Then so GWMWater seems to
6 claim it obtained an exclusion in 2007 and which was since then allegedly extended til about
7 2018 that it doesn’t have to provide Safe Drinking Water, albeit I understand this was obtained
8 by deception.
9 .
10 As I understand it GWMWater obtained the 2007 exemption upon the basis that people may
11 mistakenly hold they were provided with Safe Drinking Water instead of “untreated water”.
12 Obviously, there can be no part of mistake by any consumer if the legislation provided that since
13 2004 they were entitled to Safe Drinking Water by the provisions of the Safe Drinking Water
14 Act 2003. As such if the exemption was obtained by falsehood then the further extension
15 remains also without legal force.
16
17 And you have the gall to claim to act in the interest of the community when the crops are being
18 poisoned with untreated toxic water that then get into the food chain while those residing in parts
19 of the Mallee are denied “Safe Drinking Water”?
20
21 So, I contemplate to litigate in the courts about matters and obviously will require to pursue any
22 further evidence for the litigation both from you and from other persons. My rights under the
23 constitution cannot be denied to prepare for a litigation case.
24 I recommend that if you got an Emergency Minister who doesn’t seems to me to understand
25 what are State legislative powers and what not then you better get a more competent person in
26 the job.
27 You may have blatantly ignored my past writings, that was your choice, but when it comes to
28 legal proceedings, as often opponents discovered, ignorance is no excuse.
29 In my view this entire fiasco regarding the hotel, the so claimed Emergency/Disaster could have
30 been avoided had there been proper leadership instead of “leadership missing in action”.
31 In my view, many a person may have died due to your gross incompetence and that I view is a
32 very serious matter. Have you ever bothered to ask those who advice you if they really knew
33 what they were parroting? Or did they so to say led you by the nose knowing you wouldn’t
34 bother to check and verify details.
35 In my view the police are acting like thugs to enforce your unconstitutional terrorism and that
36 must stop!
37 I in 2017 was asked to investigate the murder of Carl Williams and it appeared to me that the
38 Police concealed details that it may have actually set up his murder. Well in December 2018 a
39 former police officer smashed a new (private) fence I was building (within the boundary of my
40 property) and well he made clear the police wouldn’t even bother to investigate him. And, well
41 the police proved this to be so. This, even so I at the time provided all relevant details to the then
42 Chief Commissioner of Police. Is this the police we have to respect? For what?
43
44 Even if you decide not to cancel/withdraw the LOCKDOWNS and other unconstitutional
45 restrictions then I request within the provisions of the Freedom of Information Act to provide me
46 free of charge all and any relevant details/documents/information, etc, upon which you relied to
47 make the decisions that resulted in the LOCKDOWNS, restrictions, etc, including the “science”
48 you relied upon and the “science “ the health officials relied upon as to warrant the demand to
49 wear a mask, etc.
50 I would require those details/documents, information, etc, so that I can prepare relevant details to
51 institute legal proceedings against violations of my wife and mine constitutional rights.

Page 20
1 I am a pensioner and so it would be appropriate for remission of any fees, in particular as this is a
2 matter of “PUBLIC INTEREST”.
3
4 You may perhaps come to the conclusion that it would be better to litigate matters as some test
5 case so that if there is/was any wrongdoing this can at least be addressed and not continue to go
6 on and on. Do not hesitate to contact me if you desire to seek some consensus as to best prepare
7 the case for litigation, as I am always open to suggestions, even if in the end I might have a
8 different end conclusion.
9
10 I in the above have not disclosed my pension number (as this document will be published for
11 others to read also) but that can always be provided if needed, albeit the Department should have
12 it already on its records.
13
14 We need to return to the organics and legal principles embed in of our federal constitution!
15
16 This correspondence is not intended and neither must be perceived to state all issues/details.
17
18 Awaiting your response, G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)
19 MAY JUSTICE ALWAYS PREVAIL®

20 (Our name is our motto!)
21 END QUOTE 20200808-G. H. Schorel-Hlavka O.W.B. to Mr Daniel Andrews Premier of Victoria-FOI REQUEST-
22
23
24 Also consider:
25 1974/12/10 – Secretary of State Henry Kissenger’s national
26 Security Study Memorandum 200 (NSSM 200) study
27 completed as the Kissinger Report, establishing global
28 depopulation as US geopolitical strategy.
29
30 1975/11/26 – President Gerald Ford endorsed the Kissinger Report’s

31 depopulation plan through National Security Decision Memorandum 314
32 END QUOTE 20240516-Mr G. H. Schorel-Hlavka O.W.B. to IBAC Re Enquiry Case -20242400 -The Royal
33 Melbourne Hospital (Re Mark Schorel MRN 1107850
34
35 Politicians and their officials lied and people died.
36
37 Now it is time to hold them all “legally accountable”!
38
39 It ought to be very clear if the State of Victoria “Constitution Act 1855 [as amended by the
40 Commonwealth of Australia Constitution Act 1900 (UK)]” was never gazetted then what we
41 really have is that only those Colonial laws that had been gazetted prior to federation were the
42 State of Victorian legal provisions.
43 Now even the State of Victoria legislative provisions since Federation under the then
44 “concurrent” legislative powers were in my view lawful this because the failure to gazette the
45 amended State of Victoria “Constitution Act 1855 [as amended by the Commonwealth of
46 Australia Constitution Act 1900 (UK)]” after federation means that effectively no legislative
47 powers existed as from 1 January 1901.
Page 21
1
2 What was needed was to have held a state referendum to authorise the State Parliament to amend
3 the State Constitution Act 1855 (UK) to the Victorian Constitution Act 1975, this never
4 occurred.
5
6 As such the purported FOI Act (Vic0 neither has any legal basis, or validity.
7
8 The purported FOI Act really was to seek to protect the wrongdoings of the Ministers and so the
9 Ministers’ officials rather then to provide any real entitlement to details, etc.
10
11 Let say, an election is suddenly announced and an elector needs to know certain details and
12 applies within the purported FOI Act for relevant details of a certain decision by a Minister
13 and/or his officials. The FOI manager makes clear there is 45 days and well forget to get the
14 information before the election is held. After all the FOI manager can use delay tactics to prevent
15 an early response. This isa why the purported FOI Act is not at all in the interest of We, the
16 people but rather to conceal relevant details.
17
18 https://michelchossudovsky.substack.com/p/copy-there-never-was-a-new-corona?utm_source=post-email-
19 title&publication_id=1910355&post_id=144744421&utm_campaign=email-post-
20 title&isFreemail=true&r=1a0316&triedRedirect=true&utm_medium=email
21 There Never Was a “New Corona Virus”, There Never Was a Pandemic.
22 The official “corona narrative” is predicated on a “Big Lie” endorsed by corrupt politicians.
23 QUOTE
24 The WHO did not have in its possession the “virus isolate” required to identify the new virus.
25 “Never mind”. It was decided that an isolate of the new coronavirus was not required.
26 END QUOTE
27
28 As I wrote extensively about, at least since 8 April 2020 to the Victorian Ombudsman and on 13
29 April to the Victorian Human Rights Commissioner that “man-kind” infectious diseases were
30 “exclusive” Commonwealth powers. Then why on earth was the State of Victoria involved with
31 unconstitutional mandates, etc? No amount of purported FOI Act protection can permit such
32 concealment.
33
34
35
36 We need to return to the organics and legal principles embed in of our federal constitution!
37
38 This correspondence is not intended and neither must be perceived to state all issues/details.
39 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
40 MAY JUSTICE ALWAYS PREVAIL®

41 (Our name is our motto!)

20240518-Mr G. H. Schorel-Hlavka O.W.B. To Jacinta Allan Premier & Ors - Virus, - Hotel Quarantine, FOI Act, Etc

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Page 1

1 Mr. TRENWITH.-Would the states still proceed to make laws?

18-5-2024 Page 6 © Mr G. H. Schorel-Hlavka O.W.B.

18-5-2024 Page 7 © Mr G. H. Schorel-Hlavka O.W.B.

18-5-2024 Page 9 © Mr G. H. Schorel-Hlavka O.W.B.

18-5-2024 Page 11 © Mr G. H. Schorel-Hlavka O.W.B.

1 And they also made clear:

18-5-2024 Page 13 © Mr G. H. Schorel-Hlavka O.W.B.

18-5-2024 Page 15 © Mr G. H. Schorel-Hlavka O.W.B.

18-5-2024 Page 17 © Mr G. H. Schorel-Hlavka O.W.B.

18-5-2024 Page 18 © Mr G. H. Schorel-Hlavka O.W.B.

1 As I understand it by 2004 it had no provisions to supply “Safe Drinking Water” to many

18-5-2024 Page 19 © Mr G. H. Schorel-Hlavka O.W.B.

19 MAY JUSTICE ALWAYS PREVAIL®

30 1975/11/26 – President Gerald Ford endorsed the Kissinger Report’s

40 MAY JUSTICE ALWAYS PREVAIL®

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