. Ross J, President VCAT 19-7-2010 5Victorian Civil & Administrative Tribunal vcat@vcat.vic.gov.au .
Mr G. H. Schorel-Hlavka, MAY JUSTICE ALWAYS PREVAIL®
10 Email: mayjusticealwaysprevail@schorel-hlavka.com Northside Solicitors Pty Ltd mark@northsidesolicitors.com.au . Ref:– CONSTITUTIONAL ISSUES - ABORIGINALS - etc Sir, 15. I will use an example relating to yourself and what I view failure to appropriately manage VCAT. In the Sunday Herald Sun 18 July 2010 at page 10 the article “Race to decide jobs” by MITCHELL TOY and ELLEN WHINNETT is published which related to VCAT having approved 1128 guaranteed public servants jobs exclusively for indigenous applicants by this 20meaning Aboriginals. Where allegedly VCAT Deputy President Cate McKenzie found indigenous people were at a clear disadvantage compared with other Victorians and should be assisted with employment. “There is possible race discrimination involved here,” she said in her findings. In my view this reflects back that you as president of VCAT (Victorian Civil and Administrative Tribunal) fail to understand and/or comprehend the function of VCAT and the 25limits within which it can operate, etc. As you appear to me to lack any proper understanding as to matters, and so despite that you are a County Court of Victoria judge and I am a CONSTITUTIONALIST I will therefore in limited format set out some matters which hopefully may give you a better understanding about issues involved and legal powers, etc. . 30The States are created within s.106 of The Commonwealth of Australia Constitution Act 1900 (UK) from the former colonies/province and section 106 provided “subject to this constitution” QUOTE 106 Saving of Constitutions The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue 35 as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State. END QUOTE . http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/high_ct/1999/27.html?query= 40%22thi+act+and+all+law+made+by+the+parliament%22#fn50 QUOTE Constitutional interpretation The starting point for a principled interpretation of the Constitution is the search for the intention of its makers[51]. 45END QUOTE
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5 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel- hlavka.com What this means is that the Constitution must be interpreted as to the intentions of the Framers of the Constitution at time of Federation and as to the successful referendums held since! Therefore, the 1967 referendum to amend s.51(xxvi) is to be considered also. . 5QUOTE as it was since federation until (CON-JOB) 1967 referendum (xxvi) the people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws; END QUOTE . 10QUOTE as it is since the 1967 successful (CON-JOB) referendum (xxvi) the people of any race for whom it is deemed necessary to make special laws; END QUOTE . As to employment the Framers of the Constitution had this to say: 15HANSARD 17-4-1897 Constitution Convention QUOTE Mr. DEAKIN: They both desire to retain for their Several States for all time the privilege of controlling industrial disputes within their own borders. END QUOTE 20. HANSARD 27-1-1898 Constitution Convention Debates QUOTE Sir JOHN DOWNER.- The people of the various states make their own contracts amongst themselves, and if in course of their contractual relations disagreements arise, and the state chooses to 25 legislate in respect of the subject-matter of them, it can do so. END QUOTE . Hansard 27-1-1898 Constitution Convention Debates QUOTE 30 Mr. SYMON.-Why should you interfere with the laws in the different colonies affecting the relations of masters and servants, which are purely a matter of domestic legislation? Why should you hand over that purely state function to the federal authority? END QUOTE 35. HANSARD 27-1-1898 Constitution Convention Debates QUOTE Mr. SYMON.- The relations between the parties are determined by the contract in the place where it occurs. 40END QUOTE . HANSARD 27-1-1898 Constitution Convention Debates QUOTE Sir EDWARD BRADDON (Tasmania).- We have heard to-day something about the fixing of a rate of wage by the federal 45 authority. That would be an absolute impossibility in the different states. END QUOTE . HANSARD 27-1-1898 Constitution Convention Debates QUOTE 50 Mr. BARTON: If they arise in a particular State they must be determined by the laws of the place where the contract was made. END QUOTE Page 2 19-7-2010 Re s119 DISQUALIFICATIONS-details-etc 5 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel- hlavka.com . HANSARD 27-1-1898 Constitution Convention Debates QUOTE Mr. BARTON.-We do not propose to hand over contracts and civil rights to the 5 Federation, and they are intimately allied to this question. END QUOTE . Hansard 20-4-1897 Constitution Convention Debates QUOTE 10 Dr. COCKBURN: I have raised this point at every opportunity. I do not wish to take up the time of the Convention, but I certainly shall move-an amendment, because the clause is not in accordance with the general provisions of Federation. The States composing the Federation should have full power to deal with local affairs. Essentially, all external relations are taken out of their jurisdiction. I do think they ought to have the power 15 themselves to say what the Constitution under which they live shall be. END QUOTE . Hansard 3-3-1898 Constitution Convention Debates QUOTE 20 Mr. SYMON.-Of course, the absolute control by a state of everything within its own borders is retained by this Constitution, except in respect to such matters as are expressly handed over to the Commonwealth. END QUOTE It must therefore be very clear that when it comes to employment contracts and industrial 25relations matters governing those workers then it is a State issue bar for certain professions such as waterside workers as the Framers of the Constitution held that they would fall under Federal legislative powers. However the Framers of the Constitution also stated; . HANSARD 31-1-1898 Constitution Convention Debates 30QUOTE Mr. SOLOMON.- We shall not only look to the Federal Judiciary for the protection of our interests, but also for the just interpretation of the Constitution: END QUOTE . 35HANSARD 19-4-1897 Constitution Convention QUOTE Mr. CARRUTHERS: Mr. Barton first of all recites Dicey to show what occurs under the unwritten Constitution of England. But here we are framing a written Constitution. When once that Constitution is framed we cannot get behind it. 40END QUOTE . Hansard 8-2-1898 Constitution Convention Debates QUOTE Mr. BARTON.- Under a Constitution like this, the withholding of a power from the 45 Commonwealth is a prohibition against the exercise of such a power. END QUOTE . Hansard 2-3-1898 Constitution Convention Debates QUOTE 50 Mr. HIGGINS.-The particular danger is this: That we do not want to give to the Commonwealth powers which ought to be left to the states. The point is that we are not going to make the Commonwealth a kind of social and religious power
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5 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel- hlavka.com over us. END QUOTE . HANSARD 1-3-1898 Constitution Convention Debates 5QUOTE Mr. GORDON.- The court may say-"It is a good law, but as it technically infringes on the Constitution we will have to wipe it out." END QUOTE . 10HANSARD 1-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.- The position with regard to this Constitution is that it has no legislative power, except that which is actually given to it in express terms or which is necessary or incidental to a power given. 15END QUOTE . Hansard 16-2-1898 Constitution Convention Debates QUOTE start page 1020] I think that we ought to be satisfied on these points, and satisfied that 20 if we leave the clause as it now stands there will, at any rate, be some proviso inserted which will safeguard the states in the carrying out of any of their state laws over which the states are to be supreme even under federation. END QUOTE . 25Hansard 8-3-1898 Constitution Convention Debates QUOTE Mr. ISAACS.-The court would not consider whether it was an oversight or not. They would take the law and ask whether it complied with the Constitution. If it did not, they would say that it was invalid. They would not go into the question of what was 30 in the minds of the Members of Parliament when the law was passed. That would be a political question which it would be impossible for the court to determine. END QUOTE . Hansard 8-3-1898 Constitution Convention Debates 35QUOTE Mr. GLYNN.-I think they would, because it is fixed in the Constitution. There is no special court, but the general courts would undoubtedly protect the states. What Mr. Isaacs seeks to do is to prevent the question of ultra vires arising after a law has been passed. [start page 2004] 40 Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid. END QUOTE . Hansard 17-2-1898 Constitution Convention Debates 45QUOTE Mr. ISAACS.-I am not prepared to answer that question, but when we look at clause 52 we find these governing words on the very forefront of that clause-
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5 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel- hlavka.com That Parliament shall, subject to the provisions of this Constitution, have full power and authority to make laws for the peace, order, and good government of the Commonwealth. We see there that the Commonwealth is named as distinguished from the states. We 5 have our Constitution framed in this way with a Senate to guard what? The interests of the states, so that the Commonwealth shall not intrude one inch into what is retained as the executive rights and jurisdiction of the states. END QUOTE . 10HANSARD 1-3-1898 Constitution Convention Debates QUOTE Mr. HIGGINS.-I understood the honorable member to put himself on the very highest pedestal, and by contrast to put me on the very lowest. At all events, I feel that if this were carried, an unpopular individual, to obtain his rights and liberties, would have to go cap in 15 hand to and be at the mercy of the Government of the day. I was thinking of the pig-tail case which occurred in California, and which I alluded to some time ago, where an abominably unjust law was passed against Chinamen. It was passed to persecute them in regard to their pig-tails, which they [start page 1689] regard with exceptional reverence. That law was declared to be unconstitutional as a law passed by a state. 20END QUOTE . HANSARD 8-2-1898 Constitution Convention Debates QUOTE Mr. HIGGINS.-I did not say that it took place under this clause, and the honorable 25 member is quite right in saying that it took place under the next clause; but I am trying to point out that laws would be valid if they had one motive, while they would be invalid if they had another motive. END QUOTE . 30HANSARD 17-2-1898 Constitution Convention Debates QUOTE Mr. OCONNOR.- We must remember that in any legislation of the Commonwealth we are dealing with the Constitution. Our own Parliaments do as they think fit almost within any limits. In this case the Constitution will be above Parliament, and Parliament will have to conform 35 to it. END QUOTE . HANSARD 1-3-1898 Constitution Convention Debates QUOTE 40 Mr. GORDON.- The court may say-"It is a good law, but as it technically infringes on the Constitution we will have to wipe it out." END QUOTE . HANSARD 1-3-1898 Constitution Convention Debates 45QUOTE Mr. BARTON.- The position with regard to this Constitution is that it has no legislative power, except that which is actually given to it in express terms or which is necessary or incidental to a power given. END QUOTE 50. HANSARD 9-2-1898 Constitution Convention Debates QUOTE Page 5 19-7-2010 Re s119 DISQUALIFICATIONS-details-etc 5 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel- hlavka.com Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament. END QUOTE . Hansard 2-3-1898 Constitution Convention Debates 5QUOTE Mr. OCONNOR.-Directly it is exercised it becomes an exclusive power, and there is no doubt that it will be exercised. By putting into the Constitution words prohibiting the Commonwealth Parliament from making certain specified laws you create the implication that the Parliament has power to deal in other respects with religious observances. 10END QUOTE It therefore must be clear that the moment the Commonwealth of Australia commenced to legislate as to Aboriginals then the States/Territories had to retire from this. Hence the so called Northern Territory Intervention Act is also unconstitutional because it cannot be an act within s.122 as the Territory (quasi State) has no legislative powers as to Aboriginals and the 15commonwealth within the provisions of s.51(xxvi) can only legislate special laws for all people of a race and not just for some people. It means that any legislation and/or regulation by the State of Victoria since 1967 regarding the Aboriginal race is unconstitutional . Hansard 17-3-1898 Constitution Convention Debates 20QUOTE Mr. BARTON.- Providing, as this Constitution does, for a free people to elect a free Parliament-giving that people through their Parliament the power of the purse-laying at their mercy from day to day the existence of any Ministry which dares by corruption, or drifts through ignorance into, the commission of any act which is unfavorable to the people 25 having this security, it must in its very essence be a free Constitution. Whatever any one may say to the contrary that is secured in the very way in which the freedom of the British Constitution is secured. It is secured by vesting in the people, through their representatives, the power of the purse, and I venture [start page 2477] to say there is no other way of securing absolute freedom to a people than that, unless you make a 30 different kind of Executive than that which we contemplate, and then overload your Constitution with legislative provisions to protect the citizen from interference. Under this Constitution he is saved from every kind of interference. Under this Constitution he has his voice not only in the, daily government of the country, but in the daily determination of the question of whom is the Government to consist. There is the 35 guarantee of freedom in this Constitution. There is the guarantee which none of us have sought to remove, but every one has sought to strengthen. How we or our work can be accused of not providing for the popular liberty is something which I hope the critics will now venture to explain, and I think I have made their work difficult for them. Having provided in that way for a free Constitution, we have provided for an 40 Executive which is charged with the duty of maintaining the provisions of that Constitution; and, therefore, it can only act as the agents of the people. We have provided for a Judiciary, which will determine questions arising under this Constitution, and with all other questions which should be dealt with by a Federal Judiciary and it will also be a High Court of Appeal for all courts in the states that 45 choose to resort to it. In doing these things, have we not provided, first, that our Constitution shall be free: next, that its government shall be by the will of the people, which is the just result of their freedom: thirdly, that the Constitution shall not, nor shall any of its provisions, be twisted or perverted, inasmuch as a court appointed by their own Executive, but acting independently, is to decide what is a perversion of its 50 provisions? We can have every faith in the constitution of that tribunal. It is appointed as the arbiter of the Constitution. It is appointed not to be above the Constitution, for no Page 6 19-7-2010 Re s119 DISQUALIFICATIONS-details-etc 5 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel- hlavka.com citizen is above it, but under it; but it is appointed for the purpose of saying that those who are the instruments of the Constitution-the Government and the Parliament of the day-shall not become the masters of those whom, as to the Constitution, they are bound to serve. What I mean is this: That if you, after making a Constitution of this 5 kind, enable any Government or any Parliament to twist or infringe its provisions, then by slow degrees you may have that Constitution-if not altered in terms-so whittled away in operation that the guarantees of freedom which it gives your people will not be maintained; and so, in the highest sense, the court you are creating here, which is to be the final interpreter of that Constitution, will be such a tribunal as will 10 preserve the popular liberty in all these regards, and will prevent, under any pretext of constitutional action, the Commonwealth from dominating the states, or the states from usurping the sphere of the Commonwealth. Having provided for all these things, I think this Convention has done well. END QUOTE 15Therefore the State of Victoria is permitted to legislate within its local environment bar from interfering into Commonwealth legislative powers. . Hansard 2-3-1898 Constitution Convention Debates QUOTE 20 Clause 120-In reckoning the numbers of the people of a State or other part of the Commonwealth aboriginal natives shall not be counted. Dr. COCKBURN: As a general principle I think this is quite right. But in this colony, and I suppose in some of the other colonies, there are a number of natives who are on the rolls, and they ought not to be debarred from voting. 25 Mr. DEAKIN: This only determines the number of your representatives, and the aboriginal population is too small to affect that in the least degree. Mr. BARTON: It is only for the purpose of determining the quota. Dr. COCKBURN: Is that perfectly clear? Even then, as a matter of principle, they ought not to be deducted. 30 Mr. O'CONNOR: The amendment you have carried already preserves their votes. Dr. COCKBURN: I think these natives ought to be preserved as component parts in reckoning up the people. I can point out one place where 100 or 200 of these aboriginals vote. END QUOTE 35As was shown s.41 was preserving Aboriginals their rights to vote in Federal elections once they had obtained Colonial/State franchise but the unconstitutional 1908 “white only” legislation to vote was wrongly handled and lead to the deceptive 1967 (CON-JOB) referendum regarding s.51(xxvi). The Framers of the Constitution held that the Commonwealth should place Aboriginals (native Australians) on the same footing as other Australians and hence s.51(xxvi) in 40its original format prevented the Commonwealth of Australia to discriminate against Aboriginals as a “inferior coloured race” but when the constitution was amended in 1967 , even so I view the electors were sucked into a con-job referendum, nevertheless the amendment then delegated Aboriginals as being an “inferior coloured race” as on the same footing as any other “inferior coloured race” that now could be discriminated against not being worthy of full membership of 45citizenship, etc as the Commonwealth from time to time may legislate as to any coloured race. While as a private person I oppose any racial discrimination as a CONSTITUTIONALIST this however is not relevant as I am bound by what the constitution provides for and it’s embedded legal principles. . 50Hansard 3-3-1898 Constitution Convention Debates QUOTE Page 7 19-7-2010 Re s119 DISQUALIFICATIONS-details-etc 5 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel- hlavka.com Sir JOHN FORREST.-What is a citizen? A British subject? Mr. WISE.-I presume so. Sir JOHN FORREST.-They could not take away the rights of British subjects. Mr. WISE.-I do not think so. I beg to move- That the words "each state" be omitted, with 5 the view of inserting the words "the Commonwealth." I apprehend the Commonwealth must have complete power to grant or refuse citizenship to any citizen within its borders. I think my answer to Sir John Forrest was given a little too hastily when I said that every citizen of the British Empire must be a citizen of the Commonwealth. The Commonwealth will have power to determine who is a citizen. I 10 do not think Dr. Quick's amendment is necessary. If we do not put in a definition of citizenship every state will have inherent power to decide who is a citizen. That was the decision of the Privy Council in Ah Toy's case. Sir JOHN FORREST.-He was an alien. Mr. WISE.-The Privy Council decided that the Executive of any colony had an 15 inherent right to determine who should have the rights of citizenship within its borders. Mr. KINGSTON.-That it had the right of keeping him out. . Mr. BARTON.-No, but the definition of "citizen" as a natural-born or naturalized subject 20 of the Queen is co-extensive with the ordinary definition of a subject or citizen in America. The moment be is under any disability imposed by the Parliament be loses his rights. Dr. QUICK.-That refers to special races. END QUOTE 25As such since the 1967 (CON-JOB) referendum constitutionally Aboriginals no longer are amidst other Australians as equals but are now placed as an inferior coloured race not worthy to have any franchise rights as to vote, etc. . HANSARD 2-3-1898 Constitution Convention Debates 30QUOTE Mr. BARTON.-I did not say that. I say that our real status is as subjects, and that we are all alike subjects of the British Crown. END QUOTE . 35HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.- We have simply said that the guarantee of the liberalism of this Constitution is responsible government, and that we decline to impair or to infect in any way that guarantee. 40END QUOTE HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.-this Constitution is to be worked under a system of responsible 45 government END QUOTE . HANSARD 17-3-1898 Constitution Convention Debates QUOTE 50 Mr. BARTON.- Of course it will be argued that this Constitution will have been made by the Parliament of the United Kingdom. That will be true in one sense, but not true in effect, because the provisions of this Constitution, the principles which it Page 8 19-7-2010 Re s119 DISQUALIFICATIONS-details-etc 5 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel- hlavka.com embodies, and the details of enactment by which those principles are enforced, will all have been the work of Australians. END QUOTE . 5HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.- Having provided in that way for a free Constitution, we have provided for an Executive which is charged with the duty of maintaining the provisions of that Constitution; and, therefore, it can only act as the agents of the 10 people. END QUOTE . HANSARD 17-3-1898 Constitution Convention Debates QUOTE 15 Mr. DEAKIN.- In this Constitution, although much is written much remains unwritten, END QUOTE . HANSARD 17-3-1898 Constitution Convention Debates 20QUOTE Mr. DEAKIN.- What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the liberty and the means to achieve all to which men in these days can reasonably aspire. A charter of liberty is enshrined in this Constitution, which is also a charter of peace-of peace, order, and good government for the whole of the peoples 25 whom it will embrace and unite. END QUOTE . HANSARD 17-3-1898 Constitution Convention Debates QUOTE 30 Mr. SYMON (South Australia).- We who are assembled in this Convention are about to commit to the people of Australia a new charter of union and liberty; we are about to commit this new Magna Charta for their acceptance and confirmation, and I can conceive of nothing of greater magnitude in the whole history of the peoples of the world than this question upon which we are about to invite the peoples of Australia to 35 vote. The Great Charter was wrung by the barons of England from a reluctant king. This new charter is to be given by the people of Australia to themselves. END QUOTE . HANSARD 17-3-1898 Constitution Convention Debates 40QUOTE Mr. BARTON.- We can have every faith in the constitution of that tribunal. It is appointed as the arbiter of the Constitution. . It is appointed not to be above the Constitution, for no citizen is above it, but under it; but it is appointed for the purpose of saying that those who are the instruments of the Constitution-the Government and the 45 Parliament of the day-shall not become the masters of those whom, as to the Constitution, they are bound to serve. What I mean is this: That if you, after making a Constitution of this kind, enable any Government or any Parliament to twist or infringe its provisions, then by slow degrees you may have that Constitution-if not altered in terms-so whittled away in operation that the guarantees of freedom which 50 it gives your people will not be maintained; and so, in the highest sense, the court you are creating here, which is to be the final interpreter of that Constitution, will be such a tribunal as will preserve the popular liberty in all these regards, and will prevent, Page 9 19-7-2010 Re s119 DISQUALIFICATIONS-details-etc 5 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel- hlavka.com under any pretext of constitutional action, the Commonwealth from dominating the states, or the states from usurping the sphere of the Commonwealth. END QUOTE . 5HANSARD 10-03-1891 Constitution Convention Debates QUOTE Dr. COCKBURN: All our experience hitherto has been under the condition of parliamentary sovereignty. Parliament has been the supreme body. But when we embark on federation we throw parliamentary sovereignty overboard. Parliament is 10 no longer supreme. Our parliaments at present are not only legislative, but constituent bodies. They have not only the power of legislation, but the power of amending their constitutions. That must disappear at once on the abolition of parliamentary sovereignty. No parliament under a federation can be a constituent body; it will cease to have the power of changing its constitution at its own will. Again, 15 instead of parliament being supreme, the parliaments of a federation are coordinate bodies-the main power is split up, instead of being vested in one body. More than all that, there is this difference: When parliamentary sovereignty is dispensed with, instead of there being a high court of parliament, you bring into existence a powerful judiciary which towers above all powers, legislative and executive, and which is the 20 sole arbiter and interpreter of the constitution. END QUOTE . Hansard 15-9-1897 Constitution Convention Debates QUOTE 25 The Hon. A. DEAKIN: I say the great bulk of them are of that character, and am open to refutation if I am wrong, I should say that the whole of the thirty-seven subjects, but, indisputably, the great bulk of them, are subjects on which no question of state rights and state interests could arise except by the merest accident. It is, as the right hon. gentleman admitted, a grave defect in our constitution if we permit these questions to be left for all 30 time to be determined in a purely states house, or by a state referendum, when those questions are not state questions-when they ought to be decided, not on state lines, but on national lines, and by a national referendum. END QUOTE . 35Hansard 20-4-1897 Constitution Convention Debates QUOTE Mr. BARTON: I do not think it is a good thing under any circumstances that a judge under a Federal Constitution, at any rate, should have anything to hope for from Parliament or Government. 40 Mr. KINGSTON: Hear, hear. Mr. BARTON: Where you have a sovereign Parliament, and the judge is merely the interpreter of the laws as they arise, and not the guardian of a Constitution in the same sense as a federal judge is, the same circumstances remain in part; but where you will have a tribunal constantly charged with the maintenance of the Constitution against the 45 inroads which may be attempted to be made upon it by Parliament, then it is essential that no judge shall have any temptation to act upon an unexpected weakness-for we do not know exactly what they are when appointed-which may result, whether consciously or not, in biasing his decisions in favor of movements made by the Parliament which might be dangerous to the Constitution itself. Page 10 19-7-2010 Re s119 DISQUALIFICATIONS-details-etc 5 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel- hlavka.com END QUOTE . On basis of the above stated it should be clear that any State legislation regarding the Aboriginal race is and remains to be unconstitutional and as such VCAT cannot enforce or otherwise make 5rulings as to Aboriginal race matters, including employment issues because the Framers of the Constitution specifically held that the Commonwealth of Australia should have the powers to limit or otherwise restrain the employment opportunities of an “inferior coloured race”. Hence, for the State of Victoria, and any courts/tribunals to be able to legislate in regard of Aboriginals then first the 1967 amendment as to s.51(xxvi) has to be reversed and the 10Commonwealth would have to get rid of any existing laws as to Aboriginals as the truth is that as long as there remains to be Commonwealth special laws as to Aboriginals then it remains superior over any State/Territorial laws. . In my view as a judge of the County Court of Victoria and as the president of VCAT you should 15be well aware of these matters as you cannot have to be in a position where you lack the knowledge and competence of what is applicable in a constitutional manner and by this has VCAT making decisions which are ULTRA VIRES and have no LEGAL FORCE! . Re Wakim; Ex parte McNally; Re Wakim; Ex parte Darvall; Re Brown; Ex parte Amann; 20Spi [1999] HCA 27 (17 June 1999) QUOTE For constitutional purposes, they are a nullity. No doctrine of res judicata or issue estoppel can prevail against the Constitution. Mr Gould is entitled to disregard the orders made in Gould v Brown. No doubt, as Latham CJ said of invalid legislation, "he 25 will feel safer if he has a decision of a court in his favour". That is because those relying on the earlier decision may seek to enforce it against Mr Gould. END QUOTE Hence, VCAT has no constitutional powers to allow for any exemptions as to Aboriginal employment, etc, because it would to disregard the RULE OF LAW and surely VCAT cannot 30do this and defy the constitution? Remember the above quotation? . HANSARD 31-1-1898 Constitution Convention Debates QUOTE Mr. SOLOMON.- We shall not only look to the Federal Judiciary for the protection 35 of our interests, but also for the just interpretation of the Constitution: END QUOTE . Neither do I view it serves VCAT to issue absolute ridiculous and nonsense of orders such as the Aboriginal issues where it can avoid this as after all it undermines by this its own credibility and 40standing. Who is an Aboriginal is not particularly to be known anyhow because there are Aboriginals who never lived in Australia because the Framers of the Constitution acknowledged that there were Aboriginals residing as a race in Asia. Further, a “native Australian” is so being born in Australia and not merely because of colour of skin. Some races are intermixed and then by what standard is a person to be considered to be an Aboriginal or not? As the Supreme Court 45of Victorias one made clear, overturning a conviction of a person deemed to be an Aboriginal, there was no evidence that the accused was an Aboriginal and the mere fact that he looks like an Aboriginal doesn’t excuse the lack of evidence to prove it. And any person born within the landmass of Australia is a “native Australian” unless excluded by International Law governing children of diplomates, etc). Aboriginals with blond hair and blue eyes were recorded being 50descendants of the Dutch and existing before Captain Cooke declared New Holland to be under British law, and as such so to say anyone guess who is an “Aboriginal” or not as no DNA testing
Page 11 19-7-2010 Re s119 DISQUALIFICATIONS-details-etc
5 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel- hlavka.com can apparently either prove race. So, did VCAT then give standards how to determine who is an Aboriginal, besides the fact it has no power to do so? By the ruling of VCAT we might get Aboriginals from other countries come in and be selected for jobs specifically denied to competent Australians, surely this kind of nonsense cannot be 5permitted for this also! But, as I commenced to point out the constitution doesn’t permit the States/Territories to legislate as to Aboriginals since 1967 and so be it and if VCAT members don’t like to conduct matters within the legal framework as the constitution provides for then they better resign and allow more competent persons take over to do the job. . 10I am due to publish a book about VCAT and expose some of its problems and I can assure you that these kind of rulings aren’t going to be complimentary to VCAT because it has positioned itself to abuse and misuse its own legal powers in defiance of the RULE OF LAW (so the constitution) and that I view is a very serious issue! Who can respect a Tribunal that disregard and indeed acts contrary to the RULE OF LAW? In my view VCAT would do better to have a 15special CONSTITUTIONAL advisor associated with VCAT, (Not a pretend constitutional advisor!) so that VCAT Members at least can consult this CONSTITUTIONALIST and not just issue orders and bind people to comply with unconstitutional orders, etc. any State legislation or regulation, since 1967, specifically relating to “race” any race is unconstitutional including for Aboriginals to use highlands where farmers and others were kicked of the crown lands. Laws 20pertaining Aboriginals must be constitutionally valid and VCAT must respect this in its findings and orders as otherwise it will cause undue conflict within the community and harm unduly Aboriginals also, because of the resentment caused by it. . .
25MAY JUSTICE ALWAYS PREVAIL®
.
( Our name is our motto!)
. Awaiting your response, G. H. Schorel-Hlavka
Page 12 19-7-2010 Re s119 DISQUALIFICATIONS-details-etc
5 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, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel- hlavka.com