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131010-G H Schorel-Hlavka O.W.B. to Senator John Madigan Re Dr Mark Hobart and Ther Abortion Issue - Etc

131010-G H Schorel-Hlavka O.W.B. to Senator John Madigan Re Dr Mark Hobart and Ther Abortion Issue - Etc

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Senator John Madigan where are you to stand up for the rights of a medical practitioner who seeks to perform his duties as a doctor to protect human life?
Senator John Madigan where are you to stand up for the rights of a medical practitioner who seeks to perform his duties as a doctor to protect human life?

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Categories:Types, Business/Law
Published by: Gerrit Hendrik Schorel-Hlavka on Oct 09, 2013
Copyright:Attribution Non-commercial

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Page
1
Page 1 10-10-2013 © G. H. Schorel-Hlavka O.W.B.
INDEPENDENT
Consultant (Constitutionalist)
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVDA 1
st
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 fax0011-61-3-94577209 or E-mailINSPECTOR-RIKATI@schorel-hlavka.comSee alsowww.schorel-hlavka.com
Senator John Madigan
Re: Dr Mark Hobart and the ABORTION issue, etc
5
John,as a
CONSTITUTIONALIST
I view you might like to appropriately consider what I have setout below, in a very limited manner.I do have an issue with the Family Court of Australia dealing with unmarried couples, but for now I will not get into that as such, as to prevent this correspondence to be even longer then it
10
will already be. The issue is what is a marriage and what extend should the Commonwealth of Australia, so the Family Court of Australia, be involved in matters.
.
HANSARD
22-9-1897 
Constitution Convention Debates
(
Official Record of the Debates of the NationalAustralasian Convention
)QUOTE
The Hon. C.H. GRANT (Tasmania)[3.33]:
15
Since the law only recognises marriages ascivil contractsor partnerships, it would seem intolerablethat when the partners can prove the impossibility of their maintaining friendly relations, they shouldbe compelled by law to make a semblance of doing so, and both lives be in effect wasted.
END QUOTE
On that basis, we cannot accept so called
civil contracts
by any state between people of the
20
same gender, because it would violate the domain of the Commonwealth of Australia.
Hansard
27-1-1898
Constitution Convention DebatesQUOTEMr. BARTON
.-
I was going to explain when I was interrupted that the moment the Commonwealthlegislates on this subject the power will become exclusive.
25END QUOTE
Hansard
22-9-1897 
Constitution Convention Debates
QUOTE
The Hon. R.E. O'CONNOR (New South Wales)[3.18]:The moment the commonwealth exercises the
30
power, the states must retire from that field of legislation.
END QUOTE.
Hansard
30-3-1897 
Constitution Convention Debates
QUOTE
Mr. REID:
35
We must make it clear that the moment the Federal Parliament legislates on one of those pointsenumerated in clause 52,that instant the whole State law on the subject is dead. There cannot be twolaws, one Federal and one State, on the same subject. But that I merely mention as almost a verbalcriticism, because there is no doubt, whatever that the intention of the framers was not to propose anycomplication of the kind.
40END QUOTE.
Hansard
30-3-1897 
Constitution Convention Debates
QUOTEThe Hon. R.E. O'CONNOR (New South Wales)[3.18]: We ought to be careful not to load the45 commonwealth with any more duties than are absolutely necessary.
Although it is quite true that this
 
Page
2
Page 2 10-10-2013 © G. H. Schorel-Hlavka O.W.B.
INDEPENDENT
Consultant (Constitutionalist)
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVDA 1
st
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 fax0011-61-3-94577209 or E-mailINSPECTOR-RIKATI@schorel-hlavka.comSee alsowww.schorel-hlavka.com
power is permissive, you will always find that if once power is given to the commonwealth to legislateon a particular question, there will be continual pressure brought to bear on the commonwealth toexercise that power. The moment the commonwealth exercises the power, the statesmust retirefromthat field of legislation.
5END QUOTE.
Hansard
2-3-1898
Constitution Convention Debates
QUOTE
Mr. OCONNOR 
.-
Directly it is exercised it becomes an exclusive power
, and there is no doubt that it10 will be exercised.END QUOTE
Hansard
27-1-1898
Constitution Convention DebatesQUOTE
15
Mr. BARTON
(New South Wales).-If this is left as an exclusive power the laws of the states willnevertheless remain in force under clause 100.
Mr. TRENWITH
.-Would the states still proceed to make laws?
Mr. BARTON
.- Not after this power of legislation comes into force. Their existing laws will, however,remain. If this is exclusive they can make
no new laws,
but the necessity of making these new laws will be20all the more forced on the Commonwealth.END QUOTE
For this, I view, the purported legislation of civil contracts between same sex couples by anystate would be unconstitutional and
ULTRA VIRES
, and so invalid de novo!
Hansard
9-3-1898
Constitution Convention Debates
(
Official Record of the Debates of the National
25
Australasian Convention
)QUOTE
Mr. DEAKIN
(Victoria).-The position of my honorable and learned friend (Mr.[start page 2092]Higgins)may be perfectly correct. It may be that without any special provision the practice of the High Court, whendeclaring an Act
ultra vires
,
would be that such a declaration applied only to the part which trespassed
30
beyond the limits of the Constitution.
If that were so, it would be a general principle applicable to theinterpretation of the whole of the Constitution.END QUOTE.
Hansard
1-3-1898
Constitution Convention Debates
(
Official Record of the Debates of the National
35
Australasian Convention
)QUOTE
Mr. GORDON
.-Well, I think not. I am sure that if the honorable member applies his mind to the subject hewill see it is not abstruse.
If a statute of either theFederal or the statesParliament be taken into courtthe court is bound to give an interpretation according to the strict hyper-refinements of the law.
It may40 be a good law passed by "the sovereign will of the people," although that latter phrase is a common one whichI do not care much about. The court may say-"
It is a good law, but as it technically infringes on theConstitution we will have to wipe it out.
"As I have said, the proposal I support retains some remnant of  parliamentary sovereignty, leaving it to the will of Parliament on either side to attack each other's laws.END QUOTE45
What we are faced with is however that apart of my view as a
CONSTITUTIONALIST
that the
debt to the Commonwealth
purported legal provisions regarding overdue Child Support isunconstitutional, we must consider also that you cannot have so to say the cake and eat it.
.
We have that when a woman falls pregnant then legally the biological father can be held liable
50
for financial support, but the woman somehow by Victorian State legislation can abort the child,with a disregard of the biological fathers rights.In my view, where the Commonwealth has placed a financial liability upon a biological father then this must include he has by this certain rights.
HANSARD
1-3-1898
Constitution Convention Debates
55QUOTE
Mr. GORDON.-
 
Page
3
Page 3 10-10-2013 © G. H. Schorel-Hlavka O.W.B.
INDEPENDENT
Consultant (Constitutionalist)
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVDA 1
st
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 fax0011-61-3-94577209 or E-mailINSPECTOR-RIKATI@schorel-hlavka.comSee alsowww.schorel-hlavka.com
The court may say-"It is a good law, but as it technically infringes onthe Constitution we will have to wipe it out."
END QUOTEAnd5
HANSARD
1-3-1898
Constitution Convention Debates
QUOTE
Mr. BARTON.-The position with regard to this Constitution is that it has no legislativepower, except that which is actually given to it in express terms or which isnecessary or incidental to a power given.
10END QUOTE.
Hansard
16-2-1898
Constitution Convention Debates
QUOTEstart page 1020]
I think that we ought to be satisfied on these points, and satisfied that if we leave the
15
clause as it now stands there will, at any rate, be some proviso inserted which will safeguard the statesin the carrying out of any of their state laws over which the states are to be supreme even underfederation.
END QUOTE20
When one consider that the states are created within s106 of the constitution
subject to thisconstitution
and s109 makes clear that the State law will be subordinate to Commonwealth lawthen I view the Victoria's
Abortion Law Reform Act 2008
conflicts with the Commonwealthlegislation and legal principles embedded in this constitution.
.
25
No one can be held accountable to duties and obligations without associated rights.Therefore it must be implied that a biological father having a obligation to financialsupport a pregnant woman during and after a pregnancy then by this he must be perceivedto have gained legal rights and cannot be denied any input as to any contemplated abortion.
30
The very purpose of the Framers of the Constitution to provide for the Commonwealth of Australia to have legislative powers as to marriages and custody and guardianship arising from adivorce was because at the time many a man had fought a hard battle in a colonial court only for the mother to move inter colonial and then the father had to litigate all over again, and so thefederal legislative power would avoid the re-litigation.
35
Therefore, the issue was of a relationship that had broken down between a husband and wife toensure appropriate laws could be enacted to deal with that..Because a marriage is a
civil contract
then one cannot accept that those who are not marriedor those in a same sex relationship can enter a civil contract, the domain of the Commonwealth
40
of Australia using State legislative powers.As you may be aware
The Commonwealth of Australia Constitution Act 1900
(UK) wasamended by referendum to include:
The Commonwealth of Australia Constitution Act 1900
(UK)45QUOTE
(xxiiiA) the provision of maternity allowances, widows
pensions,child endowment, unemployment, pharmaceutical,sickness and hospital benefits, medical and dental services(but not so as to authorize any form of civil conscription),

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