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 24-10-2009 Page
1
ISPECTOR-RIKATI® about the BLACK HOLE in the COSTITUTIO-DVDA 1
st
edition limited special numbered book on Data
DVD
ISBN 978-0-9803712-6-0
PLEASE OTE
: Until our websiteHttp://www.office-of-the-guardian.comhas been set up to operate the websiteHttp://www.schorel-hlavka.comwill be the alternative website for contact details.help@office-of-the-guardian.com  FREE downloading documents fromhttp://www.scribd.com/InspectorRikati 
Mr Alex Chernov
Governor Victoria 24-10-2011C/o
robert.clark@parliament.vic.gov.au 
5
C/oM
r Robert Clark 
MP Attorney-Generalrobert.clark@parliament.vic.gov.au 
Ted Baillieu
Premier of Victoriated.baillieu@parliament.vic.gov.au 
D Andrews
MP Leader of the Oppositiondaniel.andrews@parliament.vic.gov.au 
10
Peter Rolfe
Sunday Herald Sunrolfep@heraldsun.com.au 
Editor
Sunday Herald Suntheeditor@sundayheraldsun.com.au
 15Ref: Misuse and abuse of position of the Governor, etc
Sir
, I have become aware from various media reports that it is alleged that you have not declareexpenditure in regard of cost at cost of the Consolidated Revenue Funds of the State of Victoriaregarding trips beyond the borders of the State of Victoria and if this is true then I view as a self 20educated
COSTITUTIOALIST
 
that you lack the competence to be a Governor andshould resign immediately
, as I view you already have placed in question the integrity of theoffice of the Governor, not because of not providing within the FOI provisions (
FREEDOM OF  IFORMATIO ACT 
) details but far serious to have used public monies in a manner you knewor ought to have known was not constitutionally/legally permissible.25In my view every member of State Parliament is also a thief and it is well overdue that We, thePeople, take stock and dispose in a legal manner of all those who are misappropriating moniesfrom Consolidated Revenue Funds, while taxpayers and others are subjected to extortion andotherwise force to make payments such as with the unregistered business known as
CivicCompliance Victoria
a front of what I view is holding bank account as commonly one can30expect from a
tyrant
/
dictator
.
.
Before I set out some limited matters
I do like to first of all attend to the position of the mediaand this includes also the position of any individual who participate in providing to the mediadetails, even if this is only providing details to the Internet, so that we from onset have so to say35some ground rules in that regard and we can assess what, if any, position the media can have inthese mattersWhile it might be something to curtain the press because we may at times not agree with it, onthe other hand I view there
FREEDOM OF THE PRESS
is already far too much undermined40so that certain media reports available outside the Commonwealth of Australia such as what wasreally going in regard of the unconstitutional war in Iraq, etc, was concealed from readers.What we therefore already have had is a political interference into the media for political reasonsand the last thing we need to have is further political interference.We need a robust media that dares to expose matters and this we are I view lacking.45
 
 24-10-2009 Page
2
ISPECTOR-RIKATI® about the BLACK HOLE in the COSTITUTIO-DVDA 1
st
edition limited special numbered book on Data
DVD
ISBN 978-0-9803712-6-0
PLEASE OTE
: Until our websiteHttp://www.office-of-the-guardian.comhas been set up to operate the websiteHttp://www.schorel-hlavka.comwill be the alternative website for contact details.help@office-of-the-guardian.com  FREE downloading documents fromhttp://www.scribd.com/InspectorRikati 
For sure at times those seeking to make a scope to earn a lot of monies will be overstepping the boundaries of common decency, etc, but then libel laws and other laws should be sufficient todeal with this rather then to undermine the
FREEDOM OF THE PRESS
and the
FREEDOMOF SPEECH
that I view as a
COSTITUTIOALIST
was embedded as legal principles inour constitution for the federation. You can see a considerable set out about this also in the5document I published at my blog and I give hereby the web address for the document.http://www.scribd.com/doc/64240803/110908-Premier-Ted-Baillieu-re-State-Land-Tax-Freedom-of-Speech-Infringement 
.
You will find it contains numerous quotations of the Framers of the Constitution and so that the10liberty contained within our constitution by far exceeded that of the US, even so it specificallyhad its Amendments for this also. It also contains a reference to judicial determination that
FREEDOM OF THE PRESS
must be construed to a
FREEDOM OF THE IDIVIDUAL
asall citizens using modern technology are now or could be deemed to be part of the press wherethey after all now provide often the pictures and other details the media relies upon.15Hence, to contemplate a restriction of the
FREEDOM OF THE PRESS
, besides it beingunconstitutional, would also signify a restriction on the INDIVIDUAL and that would undermine
the constitutional rights of every IDIVIDUAL
of 
FREEDOM OF SPEECH
also.Again, I have no issue with criminal sanctions to be provided otherwise to prohibit theunauthorized access to telephone conversations, etc, as that is not an issue of 
FREEDOM OF
20
THE PRESS
but rather maintenance of 
CIVIL RIGHTS
any person is entitled upon.
.
We do have also embedded in the constitution
POLITICAL LIBERTY
and while the HighCourt of Australia held since about 1990 that
POLITICAL LIBERTY
is implied in theconstitution the truth is that it is embedded as a legal principle in the constitution as the25document also indicates. As such it is not a mere implied right but a legal principle that exist allalong since federation.It should be understood that
FREEDOM OF THE PRESS
and/or 
FREEDOM OF SPEECH
 and/or 
POLITICAL LIBERTY
never can and neither must be perceived to be that one candisregard the
RULE OF LAW
and violate criminal law provisions.30
.
 As Author and publisher of books in the
ISPECTOR-RIKATI
® series on certainconstitutional and other legal rights I always consider that material provided to me for  publication may not be appropriate for publication not because of any fear by me but because Ihold I have to act responsible in publications. As such material that may likely cause undue harm35may not be published where I hold that the material could be published if structured differentlywithout causing undue harm. On the other hand I have had government lawyers pursuing me for 
COTEMPT OF COURT
for publishing material but they failed completely because the publications albeit exposing the judicial officers wrongdoing was permitted by legal provisions but just not realized by the particular lawyers involved. Courts are not a cloister where they can40conceal their inappropriate conduct and I have always ventured out to expose this as I do about politicians. I do however view deliberate malicious publications is not any form of 
FREEDOMOF THE PRESS
or 
FREEDOM OF SPEECH
but rather a deliberate misuse of it. As such, theissue is not to seek to interfere with the
FREEDOM OF THE PRESS
and/or 
FREEDOM OFSPEECH
and/or 
POLITICAL LIBERTY
but to rather have appropriate criminal sanction45against any undue harm being inflicted.
.
To understand the position of a Governor and so also Members of the Parliament and any advisor to the Governor as Ministers of State we need to explore first the structure of the State.The colonies federated within the
Commonwealth of Australia Constitution Act 1900
(UK) and50 by way of 
s106
the States were created:
QUOTE
 
 24-10-2009 Page
3
ISPECTOR-RIKATI® about the BLACK HOLE in the COSTITUTIO-DVDA 1
st
edition limited special numbered book on Data
DVD
ISBN 978-0-9803712-6-0
PLEASE OTE
: Until our websiteHttp://www.office-of-the-guardian.comhas been set up to operate the websiteHttp://www.schorel-hlavka.comwill be the alternative website for contact details.help@office-of-the-guardian.com  FREE downloading documents fromhttp://www.scribd.com/InspectorRikati 
106 Saving of Constitutions
The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue asat the establishment of the Commonwealth, or as at the admission or establishment of the State, asthe case may be, until altered in accordance with the Constitution of the State.
END QUOTE
5
.
There are some very important issues contained in this section.
QUOTE
106 Saving of Constitutions
10
The Constitution of each State of the Commonwealth shall,
subject to this Constitution
, continueas 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
.
15What this means is that the State constitutions are subject to the provisions and this includes thelegal principles embedded in the
Commonwealth of Australia Constitution Act 1900
(UK) andso all legal principles embedded in the constitution! Indeed the first rule to understand theexisting limited powers of the State Parliament;
.
20
Hansard
10-3-1891
Constitution Convention Debates
(
Official Record of the Debates of the ationalAustralasian Convention
)QUOTE:-
o parliament under a federation can be a constituent body; it will cease to have the power of changing its constitution at its own will.
25
END QUOTE
.
Hansard
15-9-1897 
Constitution Convention Debates
QUOTE
The Hon. A. DEAKI:
I say the great bulk of them are of that character, and am open to refutation if I am
30
wrong, I should say that the whole of the thirty-seven subjects, but, indisputably, the great bulk of them, aresubjects 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 leftfor all time to be determined in a purely states house,
or by a state referendum
 
, when those questions are notstate questions-when they ought to be decided, not on state lines, but on national lines,
and by a national
35
referendum
.END QUOTE
.
It was for this also that when I comprehensively defeated the Commonwealth on 19 July 2006 inthe County Court of Victoria one of my unchallenged submissions was that the
purported
 40Victorian Constitution Act 1975 is no constitution at all as it was never submitted to and soneither approved by the State lectors by way of referendum.Therefore it is not relevant what the State parliament may have provided for as legislationregarding a Governor and/or his advisors (Ministers of State) and/or Members of Parliament as itall will be
ULTRA VIRES 
if it is in conflict to the legal principles embedded in the constitution!45
.
Hansard
1-2-1898
Constitution Convention Debates
QUOTE 
Mr. ISAACS
.-
Could not the same thing occur under our Constitution?Mr. WISE
.-
It could not occur, because there is no power given to any Judge under a state
50
Constitution to declare any Act of Parliament
ultra vires
.Mr. ISAACS
.-
ot if contrary to the Constitution?Mr. WISE
.-
That question has been raised and has been settled by the Privy Council.Mr. ISAACS
.-
Yes, in the case of McLeod; and the Privy Council said that if the ew South WalesParliament made the Act in the way in which it was contended it was made it would be beyond their
55
 jurisdiction.Mr. OCOOR 
.-
The Constitution is not above the Parliament, as it is here.
of 00

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