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WITHOUT PREJUDICE Quentin Alice Bryce Governor-General Email; governor-general@gg.gov.au 5

2-7-2013

Ref: 130702-Mr G. H. Schorel-Hlavka O.W.B. to Q A Bryce G- Re appointment Inter-State Commissioner

Madam, as per requirements of Section 101 (Inter-State Commission) of the Commonwealth of 10 Australia Constitution Act 1900 (UK), our governing constitution, that there always "shall be" an Inter-State Commission, hereby I request you to appoint me as the Inter-State Commissioner.
QUOTE Commonwealth of Australia Constitution Act 1900 (UK) 101 Inter-State Commission 15 There shall be an Inter-State Commission, with such powers of adjudication and administration as the Parliament deems necessary for the execution and maintenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder. END QUOTE (Bold and red colour added by writer)

20 While often there are statements as to the 3 branches of Government, in my view one ought to speak of the 4 branched of nationhood. 1. The Parliament 2. The Federal Executives 3. Judiciary 25 4. Inter-State Commission. As a CONSTITUTIONALIST (retired Professional Advocate) Attorney, Executor, Paralegal, Author and Publisher I submit that I have the understanding what is required from the Inter-State Commission within the framework of the provisions of the Commonwealth of Australia 30 Constitution Act 1900 (UK). The Inter-State Commission: The Framers of the Constitution held that the Commonwealth of Australia should apply taxes, duties, funding in a "UNIFORM" manner for the whole of the Commonwealth of Australia. 35 However, they also recognised that "uniformity" of application of federal laws may not in certain instances be appropriate, considering the diversity of conditions from State to State, and hence held that the s101 Inter-State Commission should exist as a permanent body within the Commonwealth of Australia. The Inter-State Commission is not a executive body, nor a legislator and neither a judicial body but a body to ensure that laws that were enacted without 40 political interferences would be applied to what a body of experts held was in the best interest of each state concerned and so also the Commonwealth of Australia. its decisions could be appealed on "error of law" to the High Court of Australia. I understand that since 1987 no Inter-State Commission existed, and prior that only for a few years since about 1917. This is a serious neglect of constitutional requirements and must not be permitted to continue.
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I trust that as Governor-General you will without undue delay ensure I am appointed, in view of various former (as well as the current) governments having omitted to have an Inter-State Commissioner appointed. The Australian electors are facing another election but with it a proposed amendment to s96 of the constitution regarding funding. This is of great concern to me, 5 because the proposed referendum is based upon misconceptions. Albeit the Inter-State Commission is to deal with Trade and Commerce issues, the Framers of the Constitution made clear, that Parliament merely could legislative to provide it with further additional powers and the Inter-State Commission then could attend to these matters also. Therefore, if the Parliament desired a non political solution to health, education and other 10 funding then it merely has to enact legislation for each subject matter the Commonwealth has legislative powers for as to be handed to the Inter-State Commission.
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ALGA (Australian Local Government Association) has seemingly made a issue that a Yes vote is required to ensure municipal/shire councils can obtain federal funding, as otherwise ratepayers 15 will have to pay more. It is regrettable that this kind of miss information is promoted because in the end the ratepayer as a taxpayer still pays for it. As such there can be no issue that the ratepayer is paying more in the overall. Much is hyped about the " Road for Recovery" program and its funding depending on a Yes vote for the proposed referendum, where I view this falls under Trade and Commerce and as such within the powers of the Inter-State Commission. As 20 such there is absolutely no need to have a referendum for this where already the Inter-State Commission is constitutionally empowered to deal with such matter. There is also a Commonwealth Grand Commission, which in my view should be under the InterState Commission, this as to avoid political interferences and while the Commonwealth Grand Commission may recommend certain funding, only the Inter-State Commission could allow non25 uniform funding, and again subject to an appeal to the High Court of Australia on "error of law". This is so that any party aggrieved as to the funding allocation can appeal to the High Court of Australia if there is deemed to be an "error in law". In recent years there was this alleged political deal to fund Hobart Hospital $100 million dollars. 30 In my view this was unconstitutional and deprived other hospitals of their needed funding. Again, the Parliament can provide legislation to provide the Inter-State Commission with the powers to deal with hospital funding and again we take the politics out of this kind of funding, and so also what is commonly known as "pork barrelling".
35 Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. ISAACS.-We want a people's Constitution, not a lawyers' Constitution. END QUOTE
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HANSARD18-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. ISAACS.The right of a citizen of this great country, protected by the implied guarantees of its Constitution , 45 END QUOTE HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.- Of course it will be argued that this Constitution will have been made by the Parliament of 50 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 embodies, and the details of enactment by which those principles are enforced, will all have been the work of Australians. END QUOTE
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Page 3 HANSARD 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, 5 therefore, it can only act as the agents of the people. END QUOTE

The following will also make clear that the Framers of the Constitution intended to have CIVIL RIGHTS and LIBERTIES principles embedded in the Constitution;
10 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. CLARK.for the protection of certain fundamental rights and liberties which every individual citizen is entitled to claim that the federal government shall take under its protection and secure to him. 15 END QUOTE

Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power? Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry. As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole constituency behind the Federal Parliament will be a sentry. 25 END QUOTE
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I will refrain from quoting numerous other statements of the Framers of the Constitution of embedded principles (Which I have widely published them in the INSPECTOR-RIKATI series of books on certain constitutional and other legal issues), sufficient to state that regrettably we have too much political interferences that cause dissent amongst Australians and, I view, you as Governor-General being the Chief Executive Officer (as the Framers of the Constitution referred to) must take appropriate action to ensure that the constitutional requirements of an Inter-State Commission to exist is adhered to, as a matter of extreme urgency. It may flow from this that the proposed amendment of s96 of the constitution may be found ill conceived and may have to be reconsidered, where a large extend of the powers ought to be created actually already exist within the powers of the Inter-State Commission. Indeed, it may save $50 million, or more, on a ill conceived referendum, which monies can be to better use in various more needed and appropriate area's. Some years ago, a previous government had problems with export where ships were awaiting loading outside Brisbane. Yet, the Commonwealth of Australia actually, within s100 of the constitution, has the legislative power to manage ports of the navigational river systems. all that was required was for the Parliament to have enacted for the Inter-State Commission to deal with these matters of navigation and the Inter-State Commission then could have directed appropriate funding for the development and management of any ports that required such funding. This as the Framers of the constitution in fact debated that ports fell within navigation of rivers and so was within the ambit of the Commonwealth of Australia to manage. Likewise, the use of the water of the river system, the Framers of the Constitution held that this fell within s100 but that any dispute was to be dealt with by the High Court of Australia. As they stated the Commonwealth of Australia decides. As such, where the Federal Government (executives) can only provide for "uniform" application of laws then by the Parliament placing this power with the Inter-State Commission, then the Inter-State Commission could deal with it as to the interest of each involved State as well as to the interest of the Commonwealth of Australia as a whole.

In recent times we have the NDIS (National Disability Insurance Scheme) as to fund disabled 55 persons and again only the Inter-State Commission (if the parliament had provided it with this
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power by way of legislation) could have authorised trails in certain area's as the Federal Government is prohibited to do so, obviously to avoid political interferences, etc. What ought to be clear is that the Framers of the Constitution wanted to avoid "pork barrelling" by any Federal Government while at the same time recognising that there may be situations where non-uniform 5 funding may be appropriate, hence the creation of the Inter-State Commission. As the Framers of the Constitution made clear, the Inter-State Commission is not a executive body, and neither a judicial body, but is to make decision on basis of what experts may deem appropriate, subject to a appeal on "error of law" to the High Court of Australia, and therefore, I view, I am the right person to be an Inter-State Commissioner and can commence immediately in this function.
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As Mr Kevin Rudd is recently re-appointed as Prime Minister it would in my view be important that the Inter-State Commission, as constitutionally required, is in place, as this may also assist him (as well as the Leader of the Opposition Mr Tony Abbott as well as others) in determining any proposal for the current and/or future government of the day, as many misconceptions and/or 15 misunderstandings may be no more. I trust that you in your role as Governor-General will recognise your laid up duties as part of the Federal Parliament (as representative of the Monarch) that appropriate legislation is enacted which prevents pork barrelling and ensures that the Inter-State Commission is existing at all 20 times, as constitutionally required.
QUOTE Commonwealth of Australia Constitution Act 1900 (UK) 1 Legislative power The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and which is hereinafter called The Parliament, or The 25 Parliament of the Commonwealth. 2 Governor-General A Governor-General appointed by the Queen shall be Her Majestys representative in the Commonwealth, and shall have and may exercise in the Commonwealth during the Queens pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him. 30 END QUOTE (Bold and colour added by the writer).

I trust that for the above stated that you will avoid any unnecessary delay in appointing me as a Inter-State Commissioner, this in particular, as I am not aware any other person was nominated or has himself/herself nominated, and neither did the government contemplate doing so, because 35 it never was so to say on their radar, and allows them to "pork barrelling" from Consolidated Revenue Funds", as some voters buying exercise, instead of acting as proper advisors to the Governor-General for the "general community". People are hurting and you can make the difference for them, because with the appointment you 40 can show to the "general community" that as the CEO of the Commonwealth of Australia you will insist compliance with the legal principles embedded in the constitution, avoiding huge unnecessarily cost in the process. I am looking forwards to your very positive response/reply!
45 Note: O.W.B. (Order of the Wattle Blossom) in recognition:

For upholding the civil rights, and political liberties of Australians, inherent in the Commonwealth Constitution. Awaiting your response, 50 G. H. Schorel-Hlavka O.W.B (Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL

(

Our name is our motto!)

Re:130702 Re appointment as Inter-State Commissioner Page 4 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