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 senator.madigan@aph.gov.au
10-10-2013 Re: Dr Mark Hobart and the ABORTION issue, etc
John, as a CONSTITUTIONALIST I view you might like to appropriately consider what I have set out 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 National Australasian Convention) 15 QUOTE The Hon. C.H. GRANT (Tasmania)[3.33]: Since the law only recognises marriages as civil contracts or partnerships, it would seem intolerable that when the partners can prove the impossibility of their maintaining friendly relations, they should be 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 Debates QUOTE Mr. BARTON.-I was going to explain when I was interrupted that the moment the Commonwealth legislates on this subject the power will become exclusive. 25 END 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 power, the states must retire from that field of legislation. END QUOTE . Hansard 30-3-1897 Constitution Convention Debates QUOTE Mr. REID: We must make it clear that the moment the Federal Parliament legislates on one of those points enumerated in clause 52, that instant the whole State law on the subject is dead. There cannot be two laws, one Federal and one State, on the same subject. But that I merely mention as almost a verbal criticism, because there is no doubt, whatever that the intention of the framers was not to propose any complication of the kind. END QUOTE . Hansard 30-3-1897 Constitution Convention Debates QUOTE The Hon. R.E. O'CONNOR (New South Wales)[3.18]: We ought to be careful not to load the commonwealth with any more duties than are absolutely necessary. Although it is quite true that this 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 1
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Page 2 power is permissive, you will always find that if once power is given to the commonwealth to legislate on a particular question, there will be continual pressure brought to bear on the commonwealth to exercise that power. The moment the commonwealth exercises the power, the states must retire from that field of legislation. 5 END 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 it 10 will be exercised. END QUOTE Hansard 27-1-1898 Constitution Convention Debates QUOTE 15 Mr. BARTON (New South Wales).-If this is left as an exclusive power the laws of the states will nevertheless 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 be 20 all the more forced on the Commonwealth. END QUOTE
For this, I view, the purported legislation of civil contracts between same sex couples by any state 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, when declaring 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 the interpretation 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 he will see it is not abstruse. If a statute of either the Federal or the states Parliament be taken into court the court is bound to give an interpretation according to the strict hyper-refinements of the law. It may 40 be a good law passed by "the sovereign will of the people," although that latter phrase is a common one which I do not care much about. The court may say-"It is a good law, but as it technically infringes on the Constitution 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 QUOTE 45
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 is unconstitutional, we must consider also that you cannot have so to say the cake and eat it.
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We have that when a woman falls pregnant then legally the biological father can be held liable 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 55 QUOTE Mr. GORDON.Page 2 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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
Page 3 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 And 5 HANSARD 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. 10 END 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 if we leave the 15 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
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When one consider that the states are created within s106 of the constitution subject to this constitution and s109 makes clear that the State law will be subordinate to Commonwealth law then I view the Victoria's Abortion Law Reform Act 2008 conflicts with the Commonwealth legislation and legal principles embedded in this constitution. . 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 financial support a pregnant woman during and after a pregnancy then by this he must be perceived to have gained legal rights and cannot be denied any input as to any contemplated abortion. 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 a divorce 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 the federal legislative power would avoid the re-litigation. Therefore, the issue was of a relationship that had broken down between a husband and wife to ensure appropriate laws could be enacted to deal with that. .
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Because a marriage is a civil contract then one cannot accept that those who are not married or 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) was amended by referendum to include:
The Commonwealth of Australia Constitution Act 1900 (UK) 45 QUOTE (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), 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 3
Page 4 benefits to students and family allowances; END QUOTE
Again:
HANSARD 1-3-1898 Constitution Convention Debates 5 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. END QUOTE
Therefore, where the Commonwealth has the legislative powers to provide for sickness and other medical expenditure then I view the State cannot legislate that a doctor must assist in an Abortion or refer a woman to another specialist/medical practitioner to obtain an Abortion as it would be an inroad into Commonwealth legislative powers. The State would basically dictate the Commonwealth that it must pay for the abortion, this even so the Commonwealth has been 15 promoting births by providing a baby bonus.
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Neither do I accept that the State can have any legislative powers to make a doctor to act contrary to his/her beliefs to be involved, being directly or indirectly with an abortion as it would offend the constitutional provision that a doctor can not be subjected to some form of civil conscription, which clearly would be by the provisions of the Victoria's Abortion Law Reform 20 Act 2008. As the Framers of the Constitution made clear, for example, that the State couldnt avoid duties on import such as rails because it was a Commonwealth legislative power. Likewise, I view the state cannot legislate to cause a doctor to be committed to perform an abortion contrary to his/her beliefs nor be committed to advise a patient to attend to another doctor who made do so.
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. The legislation does refer to the doctor knows and as such a doctor could merely claim not to know another doctor in that field and that may be the end of it.
However, suppose a doctor does advise the patient to attend to another doctor and this other doctor then causes problems or even the patient dies, where then lies the legal liability of the 30 doctor who referred the woman to another doctor? . Again, in my view, the legislation Abortion Law Reform Act 2008 was beyond the legislative powers of then State of Victoria. for these and other reasons.
35 http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=ASSEMBLY&speech=68892&activity=Second+Reading&title=ABORTION+LAW+REFORM+BILL&date1=19&dat e2=August&date3=2008&query=true%0a%09and+%28+data+contains+'ABORTION'+%29 QUOTE 40 Selecting a highlighted page number will display that whole page only. Selecting a highlighted speaker's name will display only that speaker's contributions to the whole speech. This option is only available if a speaker is not already selected.
Title House Activity
ABORTION LAW REFORM BILL ASSEMBLY Second Reading Page 4
10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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
Page 5 Members Date Page MORAND 19 August 2008 2950
19 August 2008 ASSEMBLY Page 2950 5 ABORTION LAW REFORM BILL Introduction and first reading Ms MORAND (Minister for Women's Affairs) introduced a bill for an act to reform the law relating to abortion, to amend the Crimes Act 1958 and for other purposes. 10 Read first time. Second reading Ms MORAND (Minister for Women's Affairs) -- In accordance with section 48 of the Charter of Human Rights and Responsibilities, a statement of compatibility for the Abortion Law Reform Bill 2008 is not required. The effect of section 48 is that none of the provisions of the charter affect the bill. This includes the requirement 15 under section 28 of the charter to prepare and table a compatibility statement and the obligation under section 32 of the charter to interpret statutory provisions compatibly with human rights under the charter. I move: That this bill be now read a second time. END QUOTE 20 http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=COU NCIL&speech=70146&activity=Second+Reading&title=ABORTION+LAW+REFORM+BILL&date1=12&date2= September&date3=2008&query=true%0a%09and+%28+data+contains+'ABORTION'+%29 QUOTE 25 Selecting a highlighted page number will display that whole page only. Selecting a highlighted speaker's name will display only that speaker's contributions to the whole speech. This option is only available if a speaker is not already selected.
Title House Activity Members Date Page
ABORTION LAW REFORM BILL COUNCIL Second Reading JENNINGS 12 September 2008 3792
30 Page 3792 ABORTION LAW REFORM BILL
12 September 2008 COUNCIL
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Page 6 Second reading Mr JENNINGS (Minister for Environment and Climate Change) -- In relation to the Abortion Law Reform Bill 2008 and consistent with the practice that was adopted in the Legislative Assembly I make the following statement. In accordance with section 48 of the Charter of Human Rights and Responsibilities, a statement of compatibility for 5 the Abortion Law Reform Bill 2008 is not required. The effect of section 48 is that none of the provisions of the charter affect the bill. This includes the requirement under section 28 of the charter to prepare and table a compatibility statement along with the obligation under section 32 of the charter to interpret statutory provisions compatibly with human rights under the charter. I move: 10 That the second-reading speech be incorporated into Hansard. Motion agreed to. END QUOTE
In my view, where the bill in effect allows the killing/murder of an unborn child or may even result to the killing/murder of a child that was still born alive, after an abortion procedure, and where it purports to make it a criminal offense for a doctor, like Dr Mark Hobart, to exercise his duties/obligations/conscious decision as a doctor to preserve life, even that of an unborn child, then I view a Section 48 of the Charter of Human Rights and 20 Responsibility statement should have been provided.
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If indeed it can be held that because the Commonwealth through Medicare funding Abortions and also any consultation to a doctor then s116 of The Commonwealth of Australia Constitution Act 1900 (UK) applies and the states cannot undermine this, then the Welsh 1970 case applies. 25 As I successfully used in both appeals on 19 July 2006 against the Commonwealth of Australia in the County Court of Victoria.
ADDRESS TO THE COURT including SUBMISSIONS By the Defendant, Mr G. H. Schorel-Hlavka. For 19-7-2006 County Court of Victoria proceedings Case numbers T01567737 & Q10897630 30 QUOTE WELSH v. UNITED STATES, 398 U.S. 333 (1970), 398 U.S. 333, WELSH v. UNITED STATES, CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, No. 76., Argued January 20, 1970, Decided June 15, 1970 35 1. The language of 6 (j) cannot be construed (as it was in United States v. Seeger, supra, and as it is in the prevailing opinion) to exempt from military service all individuals who in good faith oppose all war, it being clear from both the legislative history and textual analysis of that provision that Congress used the words "by reason of religious training and belief" to limit religion to its theistic sense and to confine it to formal, organized worship or shared beliefs by a recognizable and cohesive group. Pp. 348-354. 2. The question of the constitutionality of 6 (j) cannot be avoided by a construction of that provision that is contrary to its intended meaning. Pp. 354-356. 3. Section 6 (j) contravenes the Establishment Clause of the First Amendment by exempting those whose conscientious objection claims are founded on a theistic belief while not exempting those whose claims are based on a secular belief. To comport with that clause an exemption must be "neutral" and include those whose belief emanates from a purely moral, ethical, or philosophical source. Pp. 356-361. 4. In view of the broad discretion conferred by the Act's severability clause and the longstanding policy of exempting religious conscientious objectors, the Court, rather than nullifying the exemption entirely, should extend its coverage to those like petitioner who have been unconstitutionally excluded from its coverage. Pp. 361-367. And; http://www.vaccineinfo.net/exemptions/relexemptlet.shtml
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Page 7 Hints for Religious Exemptions to Immunization Please read the text below before you download, print, or use the sample religious exemption letter and support materials provided in the following link: 5 Sample Religious Exemption Letter and Supporting Documentation Refer to the statutes. The laws require that immunization must conflict with the tenets and practices of a recognized or organized religion of which you are an adherent or member. However, the law does not require you to name a religion at all. In fact, disclosing your religion could cause your religious exemption to be challenged. And 15 And 20 Many times, when a school or day care questions your exemption, they are merely unfamiliar with the law or trying to coerce you to go against your beliefs by deliberately misrepresenting the law. They are betting on the fact that you don't know your rights. Some schools and daycares attempt to require you to give far more information than required by law. You are not required by law to fill out any form letters from a school or daycare. The law allows you to submit your own letter and the letter only needs to meet the bare requirements of the law. Keep it simple; do not feel you need to describe your religious beliefs here as that also is not required by law.
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What appears to be clear is that a religious objection is not qualified to a specific religion and neither can be as this would in fact offend Section 116 of the Constitution. Neither can it be associated with any particular religion as this would also interfere with Section 116 of the Constitution. Likewise, any person objecting under the religious 25 objection Subsection 245(14) of the Commonwealth Electoral Act 1918 neither can be required to be a religious person as this would also offend Section 116 of the Constitution, as the equivalent in WELSH v. UNITED STATES, 398 U.S. 333 (1970), 398 U.S. 333 made clear that it (the religious objection applies as much to non religious persons as religious persons. Therefore, anyone objection for his/her personal reasons to vote clearly is entitled to do so regardless of having any specific religion mentioned. 30 END QUOTE
Because Medicare funding (a Commonwealth of Australia funding) was used then I view this makes it a Federal issue, not a pure State issue, and State criminal laws cannot interfere with Commonwealth provisions.
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To give an example: When Mr Robert Hulls was Attorney-General of the State of Victoria he then demanded that I would stop using the word JUSTICE in my material such as MAY JUSTICE ALWAYS PREVAIL as he held it would purport that I was part of the Justice Department and failing to 40 stop using this he would take me before the Supreme Court of Victoria. I responded that in view that it is a Commonwealth of Australia registered trademark and a registered business name then I was lawfully entitled to continue to use this trademark as the State of Victoria couldnt override or otherwise interfere with my constitutional rights to use my registered trademark. needless to say that this was the last I heard of him.
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In Agar v Dolheguy & Anor [2010] VSC 506 (11 November 2010) the Supreme Court of Victoria purports that because the commonwealth didnt legislate to a specific speed detection instrument then the State can do so. The truth is that it cannot, as indicated by the Framers of the Constitution once the Commonwealth commences to legislate then no new laws on the subject 50 matter can be enacted by a State. See also my set out in 130904-COMPLAINT Ref Brendan Facey Director IM&ES -Sheriff) OBL 1106575301-CONSTITUTIONAL issues etc published at www.scribd.com/inspectorrikati .
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Page 8 What we need is the OFFICE-OF-THE-GUARDIAN (Dont forget the hyphens!), a c onstigtutional council that advices the Government, the People, the Parliament, and the Courts as to the true meaning and application of the constitution. 5 http://www.isaiahone.org/debates-over-human-rights/religious-freedom-and-human-rights/victorias-abortion-lawits-charter/ QUOTE
Victoria's Abortion Law & Its Charter

10 Those who feel a Charter would fail the Christian community point to Victorias Abortion Law Reform Act (2008) as evidence that while Charters claim to protect religious views, they dont in practice. It is said that the amended law specifically clause 8 forces Christian doctors to go against their religious conscience. The Victorian Government disputes this claim. If, however, we assume that the Law breaches religious conscience rights, what happened with Victorias Charter? It states in section 14 that everyone has the right to freedom of thought, conscience, religion and belief. The Abortion bill should have been reviewed by the Charter, in accordance with the requirement that all bills tabled in Parliament have a statement of compatibility accompanying them (s 28). At that point the provisions in s 14 of the Charter and elsewhere would have injected a new dynamic into Parliamentary debate including the pertinent question of how compatible the proposed legislation was with the Governments own Charter of Rights. But the Statement of Compatibility did not take place. Why? In a second reading speech the Minister stated: In accordance with section 48 of the Charter of Human Rights and Responsibilities, a statement of compatibility for the Abortion Law Reform Bill 2008 is not required. The effect of section 48 is that none of the provisions of the charter affect the bill. This includes the requirement under section 28 of the charter to prepare and table a compatibility statement and the obligation under section 32 of the charter to interpret statutory provisions compatibility with human rights under the charter. I move that this Bill be now read a second time. What is section 48? It is a special clause (or savings provision) unlike any other in comparable Charters globally. It states: Nothing in this Charter affects any law applicable to abortion or child destruction 30 Some Christian leaders declared that the special exclusion of the Charter from abortion is evidence of the secularity of Charters. In public hearings for the National Consultation the Australian Christian Lobby declared: From a faith perspective there is for me a real crisis of confidence in an instrument [a Charter of Rights] which purports to protect human rights and yet in both the act and, Victorian examples, given as possible models by charter proponents, the act explicitly excludes the right to life of a child before birth (July 2009) What is not acknowledged in the above speech, nor in comments by many others in the church, is the role of the Catholic Church in s 48. The clause was the product of negotiations between the Victorian Government and the Catholic Church over concerns that a Charters potential effects on abortion legislation. The Church wanted to exclude the Charter from having effect in regard to abortion. Attorney-General, Rob Hulls, noted this in an interview with the ABC on 23 September, 2008: It has to be remembered that abortion was specifically precluded from the charter, that was actually at a request after discussions with the Catholic Church 45 So it was not secularists who led to the creation of this clause. Despite the central role of s 48 in sidelining the Charter from its normal requirement to scrutinise legislation, church commentary has consistently omitted any reference to it. This is misleading Christians, who deserve to know the full story about the Charter. Whether it was correct to use s 48 to avoid a compatibility statement is disputed. The Victorian Governments Scrutiny of Acts and Regulations Committee (SARC) noted problems with employing s 48 as a reason for not tabling a Statement of Compatibility. It sought a written explanation as to why such a Statement should not be tabled, particularly in light of questions it had about the compatibility of the Bill (including clause 8) with the rights in the Charter, for instance: The Committee refers for Parliaments consideration the question whether the provisions of the Bill constitute an undue trespass to rights or freedoms within the meaning of the Act. (Alert Digest Page 8 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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
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Page 9 No. 11 of 2008) Critics of the bill may have wanted a much clearer answer about the imposition to freedom of conscience potentially raised in clause 8. However, post WW2 bills of rights tend not to be overly detailed and specific in order to give room for local legislatures to do fine interpretation on, for instance, the point at which human life begins. Bills of Rights are often criticised for this, for being too general, however when very specific rights are defined, the ramifications can be problematic. A salutary example is the USs Second Amendment on the right of people to bear arms (carry weapons), which was adopted in 1791, and is often seen as counterproductive in todays society. Hence, human rights instruments tend to defer to legislature to determine the specific detail of at what point, for instance, it is appropriate to allow termination of the unborn. Does this imply that a Charter of Rights has no role to play in abortion debates? Not at all. Even strong opponents of a Charter saw the potential benefits of Victorias Charter. For instance, Professor Greg Craven and Timonth Ginnane believed the Charter could perform a powerful review function: As soon as this is appreciated, the rights of the Charter line up to do battle with this repressive [abortion] legislation Inconsistency between the Abortion Bill and the Charter will not be enough to make these repulsive provisions illegal. But it will allow a judge to declare these impositions fundamentally inconsistent with Victorias human rights regime, adopted less than two years ago. (The Australian, October 6, 2008) There was a clear problem (in their view) balancing the Charters provisions in s 14 with the Bill. They also saw that the use of s 48 had meant that Parliament could ignore the Charter. However, they pointed out another step of review was available under a Charter through the courts. This is really what Charters are designed to do in relation to legislation create additional check and balance in the system (hence the existing Australian versions are called dialogue models, as they encourage the different arms of government to reference each other). Despite these potential benefits, Professor Craven and others staunchly opposed a federal Charter. The Catholic Archbishop of Sydney, Cardinal George Pell, opposed a Charter in any form whatsoever. His view was that the electorate would hold the Government accountable for laws which fail human rights. In a statement on the Archdiocese website he wrote: I fear a charter could be used or abused to limit all sorts of freedom, and religious freedom. Already in Victoria legislation is attempting to coerce prolife doctors to cooperate in abortions. However that government will answer for this in the next and subsequent elections. (Human Rights 18 Oct, 2009) But how feasible is it that clause 8 of the abortion bill will become an electoral decider? In 2007 the Australian National Universitys Australian Election Study released findings on abortion and electoral success. It found that 77% of winning candidates in federal elections were pro-abortion. Moreover, 61% of the electorate favoured readily obtainable abortion versus 35% who wanted abortion restricted to special circumstances and only 4% who wished the practice banned. The older age profile of those against suggests that support for more lax abortion laws will continue to rise (only those in the 75+ age group in 2007 opposed abortion by a majority). So, one wonders what likelihood there is that the Victorian electorate will make more restrictive abortion laws an electoral liability for the Government? Yet, ballot box accountability was claimed by many church leaders as the best way to properly protect rights. The Abortion Reform Act is not an example of the Charter letting Christians down. At one level it is a cautionary tale about the potentially negative effects of relying on blanket exclusion clauses, which in this case came from political negotiations with the Church. The true lesson of the abortion debate is not that Charters fail religious rights. It is that we need clear statements about rights which are empowered to promote and protect us, rather than pure and simple reliance upon politicians. END QUOTE
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Below I have also quoted some Hansard records of the Victorian Parliament and it may be noted that during the debates in 2007 it was argued that doctors should not be at risk of litigation in 50 regard of performing abortions but then during 2008 (perhaps of the momentum gaining for the bill to pass) then it was argued that a doctor should be required to perform an abortion in emergency or committed to refer the woman to another doctor. As such the original argument to avoid ,doctors to become in litigation was now caused to make a 180 degrees turn about that the innocent doctor not wanting to participate in what may be deemed murder of a human being now 55 could be forced to do so anyhow.
10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 9
Page 10 The following will also make clear that the Framers of the Constitution intended to have CIVIL RIGHTS and LIBERTIES principles embedded in the Constitution; HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) 5 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. END QUOTE . 10 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, END QUOTE 15 . HANSARD 27-1-1898 Constitution Convention Debates QUOTE Mr. BARTON.-Our civil rights are not in the hands of any Government, but the rights of the Crown in prosecuting criminals are. 20 END QUOTE
Dr Mark Hobart as I recall was listed below me on the ballot paper for the by election of Broadmeadows, and where the is a DLP member opposed to Abortions then I view he is entitled to pursue his constitutional rights of freedom of political and civil liberties that are fundamental 25 and enshrined as legal principles in the constitution. . It is not that Dr Mark Hobart was involved in a criminal act by doing something that he knew or would have known was to be harmful to a certain person or persons, rather that he exercised his constitutional rights to practice medicine as he held he was committed to.
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QUOTE 19 July 2007 Hansard

The purpose of this bill is to ensure the provision of safe and competent health services to women having an abortion and bring legislation regarding abortion into line with community expectations by abolishing the offences of unlawful abortion in the Crimes Act 1958 and in the common law. 35
END QUOTE
Part 1Preliminary Abortion Law Reform Act 2008 No. 58 of 2008 QUOTE PART 1PRELIMINARY 1 Purposes The main purposes of this Act are (a) to reform the law relating to abortion; and (b) to regulate health practitioners performing abortions; and (c) to amend the Crimes Act 1958 (i) to repeal the provisions relating to abortion; and Victoria 2 (ii) to abolish the common law offences relating to abortion; and (iii) to make it an offence for an unqualified person to perform an abortion; and (iv) to amend the definition of seriousinjury to include the destruction of a foetus other than in the course of a medical procedure. END QUOTE 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 10
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The following purports that doctorts will no longer be haunted by criminal prosecution where in reality they now will for doing no more but to exercise their constitutional rights to protect the life of an unborn child.
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July 2007 Hansard
The uncertain legal status creates an atmosphere whereby it is acceptable to harass women and doctors in ways that would not be tolerated in any other service, or for any other section of the community. As a result many doctors and hospitals and clinics are discouraged, if not outright stopped from providing termination services. 10 Doctors in Victoria have had their homes sprayed with graffiti, been followed when travelling to and from work, had their children threatened, and they and their staff are regularly picketed, yelled at, and abused. These forms of harassment make it very difficult to attract doctors and nurses to work in abortion services. If abortion were legal then these attacks could be countered more readily, or would not occur at all. The current legal situation places doctors and their staff in an invidious position. It deters young doctors from training to provide abortions, and it provides ammunition for those in society who harass and abuse doctors involved with abortion. This further exacerbates the crisis in service provision as older doctors retire and younger doctors do not replace them. END QUOTE 20 QUOTE 21 August 2007 21 August 2007 COUNCIL Page 2480 25 CRIMES (DECRIMINALISATION OF ABORTION) BILL Withdrawn Ms BROAD (Northern Victoria) -- I move: That this order of the day be discharged and that the bill be withdrawn. 30 The Premier, John Brumby, announced yesterday the government's intention to seek advice from the Victorian Law Reform Commission on removing abortion offences from the Crimes Act by March 2008 and then to put before the Parliament a bill to modernise the law so that it reflects community standards and current clinical practice. I have welcomed the Premier's announcement because it is an important and timely step towards updating the law and protecting women and their doctors from the threat of prosecution in Victoria. QUOTE 17 July 2007 This bill will do just that by removing the fear of prosecution for women and their doctors and by ensuring that a termination is dealt with as a health issue, and not as a crime. I commend the bill to the house. 40 Debate adjourned for Mr P. DAVIS (Gippsland) on motion of Mr Rich-Phillips. Debate adjourned until Thursday, 26 July. END QUOTE
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35 END QUOTE
One may also question that if a doctor, for example in private practice, is charging Medicare for 45 his services, then engaged by this in a contract with Medicare, a Commonwealth entity, how then can the State interfere with this services to place conditions upon this one has to ask?
Page 12 It may be noted that the legislation refers to items such as (b) to regulate health practitioners performing abortions; and (ii) to abolish the common law offences relating to abortion and not at all to make it a criminal offence for not engaging or assisting directly or indirectly in abortions. 5
Therefore, the Act doesnt disclose any main purpose to criminalise for a doctor to refuse to get involved in any abortion issues. In fact the statement (ii) to abolish the common law offences relating to abortion means it neither can be an offence not to engage in an abortion procedure because it still relates to abortion While the act was held not required to be provided with a statement I view that to cause any person to become a criminal for doing what is the fundamental rights of any unborn baby to be given the right to live and be born should have required a human rights declaration. .
10
Apart of any rape (not faked rape) where it may be essential to protect the sanity and health of say a young girl, it should ordinary be held that when a female engage voluntarily in sexual 15 intercourse knowing she may fall pregnant then no excuse can exist to abort the unborn baby. In my view this has absolutely nothing to do with the right of a woman to decided about her own body, as by engaging voluntarily in sexual intercourse she abandoned this sole right, at least until any pregnancy was completed by the birth of the child or children created as result of the sexual intercourse.
20
Neither should the community be held at ransom to pay for a pregnancy to be aborted merely because a woman may no longer desire to continue with the pregnancy. If a person can be charged for causing the death of an unborn baby then one cannot argue that somehow if the women herself decide to abort killing the baby then somehow it is all right.
25 http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansards%2F11dd62 3c-68aa-46b1-856b-0bffdb0e664a%2F0176%22
Senator John Madigan (part of his maiden speech)

QUOTE Thursday, 25 August 2011 Page: 5624 30 I am a senator representing the state of Victoria, the state that, in 2008, passed the worst abortion laws in the Western world. They would be the worst in the entire world, but we can be proud of the fact that in this matter Victoria is not quite as bad as the current occupiers of Tiananmen Square. These laws have been described as the most inhumane laws ever passed in this country. Some members on both sides of the house opposed themunfortunately, not enough. In the last few weeks I have received thousands of emails on the live export trade. I was sickened by the sight of animals treated so inhumanely but what I will never understand is how people can so easily turn away from the even greater suffering we cause to our own children. Life at every stage is precious. No joy comes from a violent loss of life. I urge those senators who are unfamiliar with the scope of the Victorian laws to examine them in the hope they are never repeated in other states and may one day be repealed. Everywhere I go I meet Australians who feel that they have lost their voice and that no politician from either side of the fence could give a damn about their future or the future of their families and communities. Year after year workers, families, farmers and small businesses are alienated by decisions of successive governments that allow and, apparently, encourage the easy sell-off of Australian companies, Australian jobs and Australias future. Every year ordinary Australiansthat is, the people we are supposed to represent and defendlose more and more control of their land and its resources. These ordinary Australians actually own this countrynot us, their elected representatives; not the multinational corporations; and not the overseas buyers of our resources, our farms and our future. We are the representatives of the Australian people, not their masters. END QUOTE 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 12
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Page 13 Before quoting more extensive from Hansard records I may highlight that I have pursued numerous other constitutional issues, such as the s101 Inter-State Commission where both my November 2009 request to be appointed as Inter-State Commissioner was ignored by then the Prime Minister Kevin Rudd and the then Leader of the Opposition Mr Malcolm Turnbull. On 2 5 July 2013 I then made the request again and Mr Kevin Rudd again ignored this and Mr Malcolm Turnbull albeit making known to look into the matter (no longer being the leader of the Opposition) nevertheless failed to respond back further about this issue. This, even so s101 requires there always must be as Inter-State Commission as the wording shall be is mandatory. And Mr Tony Abbott now is intending to fund road projects that fall under the s101 Inter-State 10 Commission, hence, his conduct would be unconstitutional.
Ignorance of such issues, and like the issue of misusage of parliamentarian privileges while they are not MPs, after an election is called until the return of the writs, indicates that my position and service as a CONSTITUTIONALIST is very important.
15
People like Dr Mark Hobart may not have suffered if a person such ass myself as a CONSTITUTIONALIST were to have been consulted about constitutional issues in the first place.
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Hansard records re Abortion issue

http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=COU NCIL&speech=55604&activity=Governor's+Speech&title=Address-in-reply&date1=13&date2=February&date3=2 007&query=true%0a%09and+%28+data+contains+'ABORTION'+%29 QUOTE
25 Page 201 Address-in-reply Debate resumed from 20 December 2006; motion of Ms PULFORD (Western Victoria) for adoption of address-inreply. 30 Mr KAVANAGH (Western Victoria) -END QUOTE And http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=COU 35 NCIL&speech=55604&activity=Governor's+Speech&title=Address-in-reply&date1=13&date2=February&date3=2 007&query=true%0a%09and+%28+data+contains+'ABORTION'+%29 QUOTE On most social issues I believe people should be largely free to pursue their own happiness in their own way. The contrasting issue is of course abortion, because I believe, for good reasons, that human life begins at conception. 40 This is not an article of religious faith but is a conclusion based on logic, knowledge, experience and reason. Page 205 The unborn person is admittedly human life at its most immature, its most vulnerable, its weakest, its most 45 defenceless. Surely, however, the young, the defenceless and the weak deserve more rather than less legal protection. In addition to the unborn requiring justice, babies who are born alive after undergoing attempted abortion procedures are as entitled to respect and medical attention as anybody else. This is not often talked about, but there are around 50 such cases a year in the United Kingdom, suggesting an annual rate of perhaps four or five in Victoria. 50 Investigations have been held in other states into babies being neglected after surviving attempted abortions. One Page 13 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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
Page 14 baby in Sydney was discovered crying in a waste bin. Victorian law should make it explicit that medical personnel are obliged to help such babies. To me this is a central issue -- the limits of government and individual power. To have no reasoned and reasonable position on the limitations of such power is to conspire silently in creating a 5 world where the abuse of power has no limits. I congratulate the government on making this chamber a forum for a true multitude of counsellors. I hope to be a counsellor on behalf of the unrepresented, including children in non-government schools and the unborn, who have no voice at all. I also hope to speak for those who did vote but are underrepresented, including the aged and the disabled and the supporters of minor parties. They voted -- not to bring down a government, but to counsel it. They 10 voted -- not for the carefully crafted image of a major party, but for their own firmly held beliefs. They voted -- not for power, but to be heard. I share at least some common ground with every member here. I look forward to working with other members who have expressed concerns which I share on challenges including homelessness, crime, environmental protection, public transport and our water crisis. 15 The government has a strong mandate, so I expect to vote with the government quite often. Wisely, however, Victorians also want their government to be accountable, so I will the vote for measures which the government may not like, to put it under scrutiny which is fair, reasonable and close. I may fail but will aspire to emulate the courage and dedication of the DLP's founders in working for the enduring ideals and values of the Democratic Labor Party -- for Australia, for workers and battlers, for families, for life. 20 END QUOTE http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=COU NCIL&speech=59039&activity=Second+Reading&title=CRIMES+%28DECRIMINALISATION+OF+ABOR25 TION%29+BILL&date1=19&date2=July&date3=2007&query=true%0a%09and+%28+data+contains+'ABORTION'+%29 QUOTE (Red colour and underlining added) Whole Speech 30 First Match New Search Selecting a highlighted page number will display that whole page only. Selecting a highlighted speaker's name will display only that speaker's contributions to the whole speech. This option is only available if a speaker is not already selected. 35 Title House Activity Members Date Page CRIMES (DECRIMINALISATION OF ABORTION) BILL COUNCIL Second Reading BROAD 19 July 2007 2144
19 July 2007 COUNCIL Page 2144 40 I consider that the bill is compatible with, and does not limit, the human rights protected by the charter. 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 14
Page 15 Candy Broad, MP Second reading Ms BROAD (Northern Victoria) -- I move: That the bill be now read a second time. 5 The purpose of this bill is to ensure the provision of safe and competent health services to women having an abortion and bring legislation regarding abortion into line with community expectations by abolishing the offences of unlawful abortion in the Crimes Act 1958 and in the common law. It is estimated that one-third of all Australian women will undergo a therapeutic termination of pregnancy, otherwise known as abortion, at some stage during their lives. These women are our friends, our sisters, our partners, our 10 children. We have a responsibility to ensure the provision of safe, legal and accessible medical services to them. Abortion is currently included in sections 65 and 66 of the Victorian Crimes Act. These sections provide that the criminal offence of 'unlawful abortion' can be committed by people within one of two broad categories. The first category comprises pregnant women, who self-induce their own abortion, or who might be regarded as a party to an unlawful abortion performed by another person. The second category comprises providers of abortion services. That 15 is those who perform therapeutic termination procedures, or assist in the performance of those procedures, by obtaining or supplying drugs or instruments. The actions of people engaged in activities in the conduct of pregnancy termination services, other than the actual performance of surgical procedures or the ordering or administration of drugs, may come within the statutory provisions or be regarded as aiding and abetting the commission of an unlawful abortion. This could include a 20 doctor who refers a pregnant patient to a termination clinic, nurses or counsellors undertaking assessment or providing psychological support, and even administrative assistants performing routine administrative tasks. It is conceivable then, that currently, the actions of all people involved in operating a termination service could attract criminal liability. Safe, if not legal, abortion became a reality for women in Victoria in 1969 when Justice Menhenitt ruled in the 25 Victorian Supreme Court that abortion was lawful if it was considered necessary to safeguard the physical and mental health of the pregnant woman and that the circumstances were not out of proportion to the danger to be averted. This was an important ruling for women and doctors at the time and was a major contributor to the end of so called 'backyard abortions'. It was appropriate at the time and reflected community attitudes. While the Menhenitt ruling was an important development in the provision of safe abortions, the ongoing inclusion 30 of abortion in the Crimes Act means that women seeking an abortion and the health professionals who assist them are open to the risk of prosecution. This situation presents a significant barrier to accessibility. The decision to continue or terminate an unplanned and/or unwanted pregnancy is always difficult and the reasons women may choose to terminate a pregnancy vary. The British Medical Association identifies a number of reasons why women seek abortion at various stages of gestation and difficulty in accessing services is a key reason given. 35 Greater Melbourne is serviced by only a handful of private clinics and public hospitals. The scarcity of public services forces women into the private sector where costs are higher. Rural women, in particular, are disadvantaged by the current legal status of abortion because it can result in hospitals and doctors not providing a full range of medical services to their communities, including reproductive health services, and including termination services. 40 In rural and regional areas of Victoria, such as in my electorate of Northern Victoria Region, the situation is critical with few private clinics and access to terminations in public hospitals limited or unavailable. Women in rural communities also face barriers such as low numbers of general practitioners, particularly those who bulk bill, long waiting lists and potential concerns 45 Page 2145 regarding confidentiality when needing to access abortion services. This situation discriminates against women financially and geographically. As an example, research undertaken in the north-east of the state in September 2006, identified only two local 50 services that provided termination of pregnancy and both of these were in fact over the border in NSW. The only other option for women in this area seeking an abortion is to travel to Melbourne and access a clinic there. This requires the women to leave their homes, families and jobs, and travel to Melbourne, undergo the termination, often stay overnight in the city and return home. Not only do they need to find the money for all of these additional 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 15
Page 16 expenses but the need to travel at short notice may compromise their confidentiality and limit their support base immediately before and after the termination. The lack of access to abortion services for women in the Loddon Mallee region has also been acknowledged by the Human Rights and Equal Opportunity Commission Bush Talks. 5 Women in Northern Victoria Region are not alone in experiencing difficulties in access, as it is a problem common across the state. The uncertain legal status creates an atmosphere whereby it is acceptable to harass women and doctors in ways that would not be tolerated in any other service, or for any other section of the community. As a result many doctors and hospitals and clinics are discouraged, if not outright stopped from providing termination services. 10 Doctors in Victoria have had their homes sprayed with graffiti, been followed when travelling to and from work, had their children threatened, and they and their staff are regularly picketed, yelled at, and abused. These forms of harassment make it very difficult to attract doctors and nurses to work in abortion services. If abortion were legal then these attacks could be countered more readily, or would not occur at all. The current legal situation places doctors and their staff in an invidious position. It deters young doctors from 15 training to provide abortions, and it provides ammunition for those in society who harass and abuse doctors involved with abortion. This further exacerbates the crisis in service provision as older doctors retire and younger doctors do not replace them. President, I am not alone in the belief that abortion should be safe, legal and accessible. Independent studies show that the majority of Australians support access to termination of pregnancy. Indeed, the 20 2003 Australian survey of social attitudes found that 81 per cent of those surveyed believed a woman should have the right to decide whether or not to have a termination. In addition, a 2004 study published by the Australian Institute of Family Studies reported that 96 per cent of Australians did not consider abortion to be wrong. The Australian survey of social attitudes also found that among Anglicans, Presbyterians, Catholics, members of the Uniting Church, and members of the main non-Christian religions, support for a woman's right to choose was 72 to 25 86 per cent. Now, almost 40 years since the Menhenitt ruling, it is time to modernise the legislation and bring it into line with current community attitudes. The bill strikes a crucial balance between community concerns and the need to protect women and their doctors from prosecution. 30 The main features of the bill are that it: 1. repeals the two statutory provisions detailing the offence of 'unlawful abortion'. These are sections 65 and 66 of the Crimes Act 1958, which make it a criminal offence for a woman to unlawfully procure her own miscarriage and for any other person to procure or assist with the procuring of a miscarriage. 35 2. abolishes any common-law offences of unlawful abortion to remove any doubt about the existence of those criminal offences. This is necessary as a court would be reluctant to infer that 'unlawful abortion' offences had been removed without any clear reference to the common law. 3. creates a new criminal offence that applies to any person who carries out an abortion unless he or she is a medical practitioner, or performs the abortion under the direction or supervision of a medical practitioner. 40 The bill makes necessary amendments to section 10 of the Crimes Act 1958 that are consequential on the repeal of section 65 and expressly preserves the remaining provisions of the offence of child destruction so that the offence is unaltered. Passing this bill would decriminalise the therapeutic termination of pregnancy. The offence of 'unlawful abortion' would cease to exist in the Crimes Act 1958. 45 Consequently, it would become possible for medical practitioners to provide quality pregnancy termination Page 2146 services without the risk of criminal prosecution. The removal of legal ambiguity would also protect other health 50 professionals and support staff involved with pregnancy termination. And, perhaps most significantly, women, who are best positioned to make informed decisions about their sexual and reproductive health, will no longer have to fear prosecution if they decide to terminate a pregnancy. Reform of this nature is long overdue. 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 16
Page 17 The provision of pregnancy terminations would continue to be regulated by relevant health professional practice and standards guidelines, but the fear of prosecution for the offence of 'unlawful abortion' would end. However, this bill is not everything for everyone. The right to abortion on demand does not exist now and this bill 5 does not provide for abortion on demand. Termination services may be refused where they would put a woman's health at risk and where service provision would require a departure from professional standards. This means that current practice will continue. The bill would neither alter the number of abortions performed or the way in which services are regulated. What it 10 would do is remove legal ambiguity and ensure that therapeutic termination services are safe and provided professionally. This bill has been very carefully considered. It is a measured and responsible approach to updating the legislation. I note that during the recent debate in this house on the Infertility Treatment Amendment Bill, many members, on both sides of the debate, expressed concern about the need to protect women. 15 This bill will do just that by removing the fear of prosecution for women and their doctors and by ensuring that a termination is dealt with as a health issue, and not as a crime. I commend the bill to the house. Debate adjourned for Mr P. DAVIS (Gippsland) on motion of Mr Rich-Phillips. Debate adjourned until Thursday, 26 July. 20 END QUOTE http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=COU NCIL&speech=59882&activity=Second+Reading&title=CRIMES+%28DECRIMINALISATION+OF+ABOR25 TION%29+BILL&date1=21&date2=August&date3=2007&query=true%0a%09and+%28+data+contains+'ABORTION'+%29 QUOTE Whole Speech First Match New Search 30 Selecting a highlighted page number will display that whole page only. Selecting a highlighted speaker's name will display only that speaker's contributions to the whole speech. This option is only available if a speaker is not already selected.
Title House Activity Members Date Page 35
CRIMES (DECRIMINALISATION OF ABORTION) BILL COUNCIL Second Reading BROAD 21 August 2007 2480
21 August 2007 COUNCIL Page 2480
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Page 18 CRIMES (DECRIMINALISATION OF ABORTION) BILL Withdrawn Ms BROAD (Northern Victoria) -- I move: That this order of the day be discharged and that the bill be withdrawn. 5 The Premier, John Brumby, announced yesterday the government's intention to seek advice from the Victorian Law Reform Commission on removing abortion offences from the Crimes Act by March 2008 and then to put before the Parliament a bill to modernise the law so that it reflects community standards and current clinical practice. I have welcomed the Premier's announcement because it is an important and timely step towards updating the law and protecting women and their doctors from the threat of prosecution in Victoria. 10 Given yesterday's announcement I seek the approval of the Legislative Council to discharge my private members bill as an order of the day and to withdraw the bill. I do so because I believe there are significant advantages associated with the process outlined by the Premier compared with the process associated with a private members bill. These advantages include the substantial resources available to the government and the Law Reform Commission compared to an individual MP. 15 In stating this fact I wish to acknowledge the generosity of many individuals, including members of both houses of Parliament, former MPs, doctors, lawyers, health workers, academics, members of the community and organisations who have so freely contributed to developing the private members bill. In particular I wish to acknowledge the members of the Association for the Legal Right to Abortion for the research and information they have provided to other MPs and myself and members of the Labor Party for their support. 20 I also wish to acknowledge the assistance of the Parliament, including parliamentary counsel, the library and the clerks. I believe the work all these people have undertaken will be of great assistance in participating in the process announced by the Premier and in achieving the 25 Page 2481 objective of laws that reflect contemporary community attitudes and are simple, clear and transparent. I look forward to being part of the consultation process in developing a government bill, and I encourage all MPs and members of the community who care about these issues to participate. 30 Mr FINN (Western Metropolitan) -- This is a disappointing day in many ways. Many people were looking forward to the debate on this bill and have been looking forward to it since Ms Broad foreshadowed the bill some months ago. One can only say that the process since then has been somewhat shambolic. Indeed it was shambolic before then. We would all remember, I am sure, before the election last year, it was widely rumoured that the government would move to decriminalise abortion. The rumours were followed by a series of heated denials that any such thing 35 would occur. Those denials were of course made by the then Premier. Given those denials it should not be surprising that Ms Broad's bill was proposed. Now the bill itself has been aborted with some vague promise of something next year. This is clearly a vitally important community issue. The deluge of letters, emails and telephone calls to my office and to the office of just about every other member, certainly every other member that I have spoken to, indicates the strong, deep community concern that a good many 40 Victorians have about the thousands of babies killed before birth every year. It is something that people are deeply worried about and something that they would like to see debated, and indeed stopped, as a result of action within this house. I would warmly welcome debate on this most basic issue of human rights. I say bring on the debate. I would like to see it brought on this week, but obviously that is not going to happen. 45 But I say bring on the debate so that the truth -- and that is something that is missing largely in the abortion debate -- can be told and we can perhaps at some stage in the not-too-distant future take the first steps towards protecting the most vulnerable and defenceless members of our community, the unborn. Mr KAVANAGH (Western Victoria) -- Several weeks ago the bill to decriminalise abortion was introduced into this chamber, and I concur with Mr Finn that it is disappointing that some of the issues raised in the speech which 50 accompanied that introduction are not going to be aired and considered by this chamber because there were many, many falsehoods in that speech and many fundamental errors of fact. I preface my brief remaining remarks with the caveat that I do not intend to try to make women who have collaborated in abortion feel bad about themselves or about anybody else. Once the abortion has been done, there is no point to that. Page 18 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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
Page 19 However, I would like to work towards deterring future abortions. I would also like to make the point that my attitude against abortion, the reason why I believe that abortion is properly a part of the Crimes Act, is not based on moral considerations but on the fact that abortion involves harm to other human beings. Indeed that is what our criminal law should be doing: preventing people from doing harm to other human beings. In the case of abortions, it 5 is the worst thing that you can possibly do to somebody: to take their life when they are so young. The ACTING PRESIDENT (Ms Pennicuik) -- Order! I remind Mr Kavanagh to speak to the motion and not enter into debate on the issue. Mr KAVANAGH -- On the motion, Acting President, Dr Bernard Nathanson, who was previously the leading proponent of abortion in the United States and whose actions resulted in the Roe v. Wade decision of the United 10 States Supreme Court, admits personal responsibility for 75 000 abortions, which he now calls 'a crime against humanity'. The ACTING PRESIDENT (Ms Pennicuik) -- Order! Mr Kavanagh needs to speak just to the motion and not debate the question. Mr KAVANAGH -- I express disappointment that the bill will not be debated, because there are a lot of things that 15 should be said about the content of the proposed bill. END QUOTE http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&speech=5538 6&activity=Petitions&title=Abortion:+legislation&date1=13&date2=February&date3=2007&query=true%0a%09an 20 d+%28+data+contains+'ABORTION'+%29 QUOTE Whole Speech First Match New Search 25 Selecting a highlighted page number will display that whole page only. Selecting a highlighted speaker's name will display only that speaker's contributions to the whole speech. This option is only available if a speaker is not already selected.
Abortion: legislation ASSEMBLY Petitions CAMPBELL; CRUTCHFIELD 13 February 2007 161
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13 February 2007 ASSEMBLY
To the Legislative Assembly of Victoria: The petition of the undersigned residents of Victoria draws the attention of the house to proposed amendments to the Crimes Act which will ensure that no abortion can be criminal when performed by a legally qualified medical practitioner at the request of the woman concerned.
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The implementation of this legislation will allow abortions to be legal in Victoria right up to birth. This will only increase the thousands of children who die needlessly each year through abortion and will add to the existing social problems in Victoria resulting from such a high abortion rate. Page 19 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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
Page 20 The petitioners therefore request that the Legislative Assembly of Victoria vote against amendments to the Crimes Act that will decriminalise abortion in the state of Victoria. By Ms CAMPBELL (Pascoe Vale) (344 signatures) Mr CRUTCHFIELD (South Barwon) (228 signatures) Last Updated on Wednesday, 12 May 2010 5 END QUOTE http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&speech=5935 1&activity=Petitions&title=Abortion:+legislation&date1=7&date2=August&date3=2007&query=true%0a%09and+ 10 %28+data+contains+'ABORTION'+%29 QUOTE Whole Speech First Match New Search 15 Selecting a highlighted page number will display that whole page only. Selecting a highlighted speaker's name will display only that speaker's contributions to the whole speech. This option is only available if a speaker is not already selected.
Abortion: legislation ASSEMBLY Petitions CAMPBELL 7 August 2007 2516
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7 August 2007 ASSEMBLY
To the Legislative Assembly of Victoria: The petition of the undersigned residents of Victoria draws the attention of the house to proposed amendments to the Crimes Act which will ensure that no abortion can be criminal when performed by a legally qualified medical practitioner at the request of the woman concerned.
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The implementation of this legislation will allow abortions to be legal in Victoria right up to birth. This will only increase the thousands of children who die needlessly each year through abortion and will add to the existing social problems in Victoria resulting from such a high abortion rate. The petitioners therefore request that the Legislative Assembly of Victoria vote against amendments to the Crimes Act that will decriminalise abortion in the state of Victoria. By Ms CAMPBELL (Pascoe Vale) (11 309 signatures)
35 Tabled. Ordered that petition presented by honourable member for Burwood be considered next day on motion of Mr STENSHOLT (Burwood). Ordered that petition presented by honourable member for Pascoe Vale be considered next day on motion of Ms CAMPBELL (Pascoe Vale). 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 20
Page 21 Ordered that petitions presented by honourable member for Nepean be considered next day on motion of Mr DIXON (Nepean). Ordered that petition presented by honourable member for Benalla be considered next day on motion of Dr SYKES (Benalla). 5 END QUOTE http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&speech=5947 3&activity=Petitions&title=Abortion:+legislation&date1=9&date2=August&date3=2007&query=true%0a%09and+ %28+data+contains+'ABORTION'+%29 10 QUOTE Whole Speech First Match New Search Selecting a highlighted page number will display that whole page only. 15 Selecting a highlighted speaker's name will display only that speaker's contributions to the whole speech. This option is only available if a speaker is not already selected.
Abortion: legislation ASSEMBLY Petitions NEVILLE; TREZISE; MULDER 9 August 2007 2641
9 August 2007 ASSEMBLY 20 Page 2641 Abortion: legislation To the Legislative Assembly of Victoria: 25 The petition of certain citizens of the state of Victoria draws to the attention of the house: 1. the avowed desire of some members of Parliament to decriminalise late-term abortion; 2. there are around 90 000 abortions in Australia annually, which is 5 per hour, or 1 every 6 minutes; 3. 30 the command of Almighty God 'You shall not murder' in Exodus 20:13; His clear instruction that human life begins at conception, as stated in Psalm 139:13-16; Matthew 1:18, 20, 21; and Luke 1:39-44; and His express command not to kill the unborn in Exodus 21:22-25; 4. the scientific fact that a new human life begins at conception, with its own DNA, blood group, blood type, separate blood supply, heartbeat and gender; 5. the fact that today's modern medicine and medical treatment ensures a high survival rate for babies born 35 prematurely, as early as 23 weeks' gestation and improving continually ('67 per cent survival at 23 weeks: Royal Women's Hospital' in Premature Baby Debate Needed: Pike, the Age, 07/06/05). The petitioners therefore request that the Legislative Assembly of Victoria: preserve and retain the current provisions of the Victorian Crimes Act 1958 that make it a crime to deliberately kill babies capable of living outside the womb (section 10 'Offence of child destruction'); 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 21
Page 22 expand the provisions of sections 65 and 66 of the Victorian Crimes Act 1958 to prohibit all forms of abortion at any stage of pregnancy, excepting those extremely rare instances of indisputable medical emergency where the mother's life can only be saved at the expense of the unborn child; 5 require, through appropriate legislation, that all such emergency abortions be performed with the goal of delivering the baby alive together with supply of modern medical care for the premature baby. By Ms NEVILLE (Bellarine) (139 signatures) Mr TREZISE (Geelong) (166 signatures) Mr MULDER (Polwarth) (1510 signatures) END QUOTE 10 http://blogs.news.com.au/heraldsun/theperch/index.php/heraldsun/comments/gender_selective_abortion_sick/ QUOTE
Gender-selective, late abortion; sickening

64 Comments | Permalink The Perch Blog
15
Wendy Tuohy
April 28 2013 (1:34pm) News News today that a Melbourne couple succeeded in obtaining a gender-based abortion, is stomach churning. The procedure was carried out when the mother was approximately 19 weeks pregnant.
20
The subtext is that this may well have been a cultural issue, and the story reports the father was very insistent the couple would not carry a baby girl to term. Neither go anywhere near justifying what a doctor did for them, and for which he or she will not be investigated. Its just inexcusable that a specialist carried this out. On Friday I supported the likely funding on the PBS of the abortion pill RU486, which causes spontaneous miscarriage at less than seven weeks gestation. I said I dont like the idea of pregnancy terminationwho would?but the reality is it is legal and there is an accepted need for early termination. As I said, I believe in many cases the mental health and life outcomes of the mother, if forced to proceed with an unwanted pregnancy, are compelling.
25
30
I know many believe a termination is a termination and the number of weeks gestation is irrelevant. Though I expect to be accused now of wanting it both ways (freedom for women in early pregnancy to be able to terminate, and protection of fully-developed babies), I believe there are shades of grey. Our society accepts early termination to the point where it is accepted under law. It doesnt mean you have to like it (some of us go so far as to be sterilised when we have completed our families, or believe we are too old to safely carry more babies, in order to never face that awful choice). But I cant see the day when we will ever accept selection out of babies nearly half way through a pregnancy on gender grounds or for any other social reason.
35
40
And I cant understand how any licensed health practitioner could be persuaded to either. Babies can be kept alive from as early as 23 weeks now in Victoria, thanks tour extraordinary health services. I feel sick about todays story. But I still defend a womans right to safe, legal, early termination, without judging her or her partner to be killers.
Page 23
END QUOTE
10
TO WHOM IT MAY CONCERN
9-10-2013
The email quoted below was forwarded to Peter regarding his article but it should be understood is merely a kind of introduction to indicate that Dr Mark Hobart had in my view as a CONSTITUTIONALIST every right to exercise his constitutional guarantied political and civil rights regarding the Abortion issue. The man stood clearly as a candidate on this issue (in a 15 political election) and therefore it is beyond question what his political views are. It is totally irrelevant if one may or may not agree with his views, as what is important is that we have a constitution (by which in s106 the states are created subject to this constitution) that has embedded his constitutional rights he now can rely upon. One may also question if the state can legislate at all as to doctors in view that the constitution 20 was amended by referendum to give the Commonwealth legislative powers as to doctors but not as to force them to a conscription. Hence, not even the Commonwealth could force a doctor to act contrary to his political beliefs. therefore the new laws enacted since the amendment of the constitution may be for this also unconstitutional and without legal force.
25
As I proved on 19 July 2006 in the 5 year litigation against me, by the Commonwealth of Australia in the County Court of Victoria, that compulsory registration/voting is unconstitutional. And the Australian Electoral Commission as did the Victorian Electoral Commission in its elections published at the time My How-To-Vote Cards that compulsory registration/voting was unconstitutional. Despite the perception that compulsory voting is legal it is unconstitutional. I have not a shred of doubt that in this case Dr Mark Hobart is entitled to exercise his constitutional rights!
30
Regrettably, most electors, when voting, fail to understand how important my message was about their constitutional rights. And perhaps Dr Mark Hobart himself may at the time the election was held, in which we both were standing as a candidate, not understood how significant 35 it was, until now. It is regrettably often only when people end up in problems that they may realise the importance of their constitutional rights, but in the mean time they can be scarred for life, and incur huge cost to defend themselves, and yet this may have been avoided had they just been more concerned as to try to understand why I stood as a candidate on constitutional issues and voted 40 for me. DISCLOSURE STATEMENT: Apart of the constitutional issues my writings in my published books have made clear that I view that a woman engaging voluntarily in a sex act that result to a pregnancy by this has given up the right to decide about her own body as she willingly accepted to create or risk to create another
Page 24 life and must be bound to this. It is not an issue that the woman has no right over her own body, as that is clearly an irrelevant argument.
A simplistic example is: A landlord has ever legal right to conduct his affairs about his property as he desires, however if he engage in a lease then he loses certain rights as they will be subject 5 to a verbal/written contract he voluntarily engage in, unless something extra ordinary eventuates that a court may not enforce all or some of the lease conditions. As such, the woman engaging in a sexual act that she reasonably knows she can become pregnant by this has so to say sub-leased her body to the tenant (the child/children) created, and is bound by this, unless a court/doctor were to find that in an emergency situation an abortion was justified. Where a female becomes pregnant due to a rape then in certain circumstances it may be justified that the victim of the rape was to have an abortion. However, as I understand it, once a police officer of Lalor made known that 9 out of 10 cases he investigated as to alleged rape actually turned out to be consentual sex, and the female concerned made the rape claim (such as married women) to seek to cover up in the event they had fallen pregnant by their so to say one-night 15 stand. Therefore, we need to be careful a woman doesnt use the rape claim to get rid of a foetus when in reality she voluntarily engaged in the sex act. And, as much as the Commonwealth holds the legal principle that a biological father is responsible for the cost (or some of it) during and after the pregnancy then he also must have a right as to the pregnancy, as so to say women cannot have the cake and eat it.
10 20
Neither should a woman be permitted to challenge the paternity of the man who was held to be the father, once shed had acknowledged him to be the father (being the husband or otherwise) because it makes children nothing more but a financial commodity for women to extract if not blackmail a man for monies she knows or reasonably knows she is not entitled upon. As such commits fraud! As I successfully submitted to Trevaud J in the 1980, a child must have a biological father, and so no woman should be able to challenge the paternity of the husband unless she first prove by proper evidence that there is an alternative biological father.
25
Trevaud J then made orders for the wife to file an affidavit listing all the men with whom she claimed to have had sexual intercourse with at the time of each pregnancy. Well, the wife never 30 filed the affidavit, and the paternity case was because of this at an end. If a man causing a child to be aborted by violence, etc, can be convicted for this then a woman likewise should face the same legal responsibilities, as again where she voluntarily engaged in sexual intercourse that she reasonably could have been aware may cause her to become pregnant, then she must be deemed to have given up to certain rights, and that she is bound to carry the 35 child until born at the very least.
QUOTE BROWN v. TEXAS, 443 U.S. 47 (1979) -- CALIFORNIA CIVIL CODE 3527. The law helps the vigilant, before those who sleep on their rights. "A statute does not trump the Constitution." People v. Ortiz, (1995) 32 Cal.App.4th at p. 292, fn. 2 Conway v. Pasadena Humane Society (1996) 45 Cal.App.4th 163 UNITED 40 STATES OF AMERICA, v. JERRY ARBERT POOL, C.A. No. 09-10303, IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT (Opinion filed September 14, 2010), On Appeal From The United States District Court For The Eastern District of California "A statutory privilege cannot override a defendant's constitutional right." People v. Reber, (1986) 177 Cal.App.3d. 523 [223 Cal.Rptr. 139}; Vela v. Superior Ct, 208 Cal.App.3d. 141 [255 Cal.Rptr. 921], however, "the judiciary has a solemn obligation 45 to insure that the constitutional right of an accused to a fair trial is realized. If that right would be thwarted by enforcement of a statute, the state ...must yield." Vela v. Superior Ct., 208 Cal.App.3d. 141 [255 Cal.Rptr. 921 Obviously, administrative agencies, like police officers must obey the Constitution and may not deprive persons of constitutional rights. Southern Pac. Transportation Co. v. Public Utilities Com., 18 Cal.3d 308 [S.F. No. 23217. Supreme Court of California. November 23, 1976.] If evidence of a fact is clear, positive, un50 contradicted and of such nature it cannot rationally be disbelieved, the court must instruct that fact has been 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 24
Page 25 established as a matter of law. Roberts v. Del Monte Properties Co., 111 CA2d. 69 (1952) If they can get you asking the wrong questions, they don't have to worry about answers. Thomas Pynchon They will do whatever we let them get away with. Joseph Heller ~*~ END QUOTE 5
Wed 9 October 2013 5.53am Re your article about Dr Mark Hobart and the Abortion issue From Mr Gerrit H. Schorel-Hlavka O.W.B.
10
To
peter.rolfe@news.com.au CC inspector_rikati@yahoo.com.au Peter,

15 Dr Mark
Hobart was a candidate in the Broadmeadows by-election 2011, as I was also as a CONSTITUTIONALIST. I was in my How-To-Vote cards promoting the constitution and the rights of citizens. Let me quote parts relevant to Dr Mark Hobart also:
HANSARD 17-3-1898 Constitution Convention Debates
20 QUOTE 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 embodies, and the details of enactment by which those principles are enforced, will all have been the work of Australians. 25 END QUOTE
And
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 30 charged with the duty of maintaining the provisions of that Constitution; and, therefore, it can only act as the agents of the people. END QUOTE . HANSARD 17-3-1898 Constitution Convention Debates 35 QUOTE Mr. DEAKIN.- In this Constitution, although much is written much remains unwritten, END QUOTE And HANSARD 17-3-1898 Constitution Convention Debates 40 QUOTE 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 whom it will embrace and unite. 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 25
Page 26 END QUOTE And HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. 5 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 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 10 themselves. 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;
HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National 15 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. END QUOTE 20 . 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, 25 END QUOTE . HANSARD 27-1-1898 Constitution Convention Debates QUOTE Mr. BARTON.-Our civil rights are not in the hands of any Government, but the rights of the Crown in 30 prosecuting criminals are. END QUOTE . Hansard 27-1-1898 Constitution Convention Debates QUOTE 35 Mr. BARTON (New South Wales).-If this is left as an exclusive power the laws of the states will nevertheless 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 be all the more forced on the 40 Commonwealth. END QUOTE . HANSARD 9-2-1898 Constitution Convention Debates QUOTE 45 Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament. END QUOTE 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 26
Page 27 . HANSARD 1-3-1898 Constitution Convention Debates QUOTE Mr. GORDON.- The court may say-"It is a good law, but as it technically infringes on the Constitution we will have to 5 wipe it out." END QUOTE And Hansard 17-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) (Re Section 96 of the Constitution) 10 QUOTE Mr. OCONNOR.In this case the Constitution will be above Parliament, and Parliament will have to conform to it. END QUOTE
For the above also I view (considering your article at

15 http://www.theaustralian.com.au/news/melbourne-doctors-abortion-stance-may-be-punished/story-
e6frg6n6-1226631128438#sthash.UMwisIPD.dpuf )that Dr Mark Hobart is constitutionally entitled to refuse to do anything contrary to his political rights as embedded as a legal principle in the constitution. Regretfully, when I promoted the constitution, etc, it was generally not understood how important the constitution is about our rights.
20 See
also my blog at www.scrfibd.com/inspectorrikati and my website http://www.schorelhlavka.com/ Gerrit . Constitutionalist & Consultant
25 MAY
JUSTICE ALWAYS PREVAIL
Mr. G. H. Schorel-Hlavka O.W.B., GUARDIAN (OFFICE-OF-THE-GUARDIAN) 107 Graham Road, Viewbank, 3084, Victoria, Australia Ph (International) 61394577209
30 .
Email; inspector_rikati@yahoo.com.au The content of this email and any attachments are provided WITHOUT PREJUDICE, unless specifically otherwise stated. If you find any typing/grammatical errors then I know you read it, all you now need to do is to 35 consider the content appropriately! A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING CONCERNED TO BE LABELLED A FOOL.
Melbourne doctor's abortion stance may be punished - See more at: http://www.theaustralian.com.au/news/melbourne-doctors-abortion-stance-may-be-punished/story-e6frg6n61226631128438#sthash.UMwisIPD.dpuf by: Peter Rolfe From: Herald Sun April 28, 2013 9:00PM 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 27
40
Page 28 The Perch: Have your say with Wendy Tuohy A MELBOURNE doctor who refused to refer a couple for an abortion because they wanted only a boy has admitted he could face tough sanctions. 5 Dr Mark Hobart, who stood as a candidate for the Democratic Labor Party, which is anti-abortion, at a byelection for the Victorian state seat of Broadmeadows in 2011 and remains a member of the party, fears he could be punished for refusing to give the Melbourne couple a referral after discovering they were seeking an abortion because they didn't want to have a girl. Obstetricians have proposed parents be banned from knowing the sex of unborn babies until it is too late to terminate, to prevent gender-based abortions. 10 By refusing to provide a referral for a patient on moral grounds or refer the matter to another doctor, Dr Hobart admits he has broken the law and could face suspension, conditions on his ability to practice or even be deregistered. But he was willing to risk punishment in pursuit of principles. He said he did not believe any doctor in Victoria would have helped a couple have an abortion just because they wanted a boy. 15 "I've got a conscientious objection to abortion, I've refused to refer in this case a woman for abortion and it appears that I have broken the rules," he said. "But just because it's the law doesn't mean it's right." The Sunday Herald Sun yesterday revealed the couple had asked Dr Hobart to refer them to an abortion clinic after discovering at 19 weeks they were having a girl when they wanted a boy. 20 Victoria's Abortion Law Reform Act 2008 specifies the obligations of registered health practitioners who have a "conscientious objection" to abortion. Under the Act, if a woman requests a doctor to advise on a proposed abortion and the practitioner has a conscientious objection, he or she must refer the woman to a practitioner who does not conscientiously object. 25 "That is the letter of the law," he said. "It leaves me in limbo. "It's never been tested ... it is a very complicated area." Medical Practitioners Board spokeswoman Nicole Newton said doctors were bound by the law and a professional code of conduct. 30 "The board expects practitioners to practise lawfully and to provide safe care and to meet the standards set out in the board's code of conduct," she said. Another doctor who was brought before the Medical Board in January for airing his views against abortion was cautioned and warned he could be deregistered if it happened again. peter.rolfe@news.com.au 35 - See more at: http://www.theaustralian.com.au/news/melbourne-doctors-abortion-stance-may-bepunished/story-e6frg6n6-1226631128438#sthash.UMwisIPD.dpuf
http://sbbcnews.com/australia/?p=908
OBrien: Abortion bill a violation of hard-won rights - See more at: http://sbbcnews.com/australia/?p=908#sthash.GYAEWo1p.dpuf 40 By Pazis on Apr 29, 2013 with Comments 0 A Bill designed to curb sex-selection abortion must be seen for what it is: a way for anti-choice activists to claw back the hard-fought right for women to terminate a pregnancy, writes Susie OBrien. Can you imagine aborting a healthy foetus just because you discovered it was the wrong sex? 45 Its almost unimaginable; most of us would be happy with a healthy baby, regardless of whether its a boy or a girl. Over the weekend, Melbourne GP Dr Mark Hobart told the Sunday Mail that he had seen a couple that wanted to abort a female foetus because they wanted a boy. Most doctors agree that this sort of thing does occasionally happen, but it is very, very rare. Another Victorian case from a few years ago involved a couple who terminated twin boys for gender reasons: 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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 Page 28
Page 29 They had three sons and had previously lost a girl soon after birth, so they desperately wanted another girl. Again, its abhorrent. You would think that any couple that lost a child would be grateful for the gift of twins of any gender. 5 But just because most of us are against abortion on sex-selection grounds, it doesnt automatically follow that we should support a federal Bill to limit access to Medicare for it. The Bill has been moved by Democratic Labor Party Senator John Madigan, who is well known for his prolife views. What you need to know is that Dr Hobart is also a member of the DLP, and ran for the seat of Broadmeadows as a candidate at the last state election. His views must be analysed with this in mind. 10 Im certainly not suggesting Dr Hobart is not telling the truth. I spoke to him yesterday and he seems like a decent, honourable man. But he is staunchly pro-life and a member of the party seeking to restrict access to abortion on the grounds of sex selection. I also spoke to Senator Madigan yesterday, and he confirmed that Dr Hobart was critical in helping draw his attention to the issue: he is not an innocent bystander. 15 Senator Madigan told me that people think they can bump a child off just because it is a girl: its morally repugnant. I agree with him on this, but I dont agree with his solution. The point is that although it clearly does happen, it is certainly not widespread and there is no evidence to suggest that Medicare funding is involved. I asked Senator Madigan how widespread the occurrence of sexselection abortion is and he told me it was hard to know because of limited data. They dont want the truth out there, he said conspiratorially. A recent article in the Medical Journal of Australia reviews the reasons women seek an abortion and sex selection is not one of them. In any case, Australia has a perfectly normal and natural balance of males and females born: 105.7 males to every 100 females. 25 Senator Madigan, who calls himself pro-life and pro-people, says anyone concerned about womens rights ought to support this legislation. But I beg to disagree. As I stated earlier, I am totally opposed to abortion on the basis of sex selection. But this particular piece of legislation violates the rights of women to access publicly funded abortions and thus should not be supported. 30 Tellingly, this legislation is not supported by either the Australian Medical Association or the Royal Australian and New Zealand College of Obstetricians and Gynaecologists. But the debate is having an impact. Some doctors are even calling for people not to be told the sex of their child until it is too late to end the pregnancy; again, this is ridiculous. Ninety-six per cent of abortions are performed before 12 weeks, so there is no reason for this to happen. 35 The point is that, as Senator Madigan points out in his speech to Federal Parliament on the Bill, it is not illegal to have an abortion on the basis of the sex of the foetus. The law does not require women to give a reason for an abortion. If Mr Madigan wants to change the law and make women who want to have abortions give a reason, and then make some reasons (such as sex selection) illegal, then it is his right to do so. 40 There would presumably be a major outcry because such a move would be a gross violation of the rights of women. As many womens health groups are suggesting, this would surely discriminate against some groups of women and jeopardise the health services they receive. In his speech to Parliament, Senator Madigan talks of an increase in the number of requests for sex-selection IVF for family balancing reasons. He notes that many are concerned that these same couples may be resorting to sex-selection abortion when their requests are denied. This is ludicrous. There is a big difference between couples asking whether it is possible to have a baby of one sex or the other through IVF and aborting a foetus because it is the wrong sex. Senator Madigans Bill must be seen for what it is: a way for anti-choice activists to claw back the hardfought right for women to have abortions. The same thing is happening in other countries such as Canada and the US. Making the decision to have an abortion is not easy. But in this country it is a free choice and we should not Page 29 10-10-2013 G. H. Schorel-Hlavka O.W.B. INDEPENDENT Consultant (Constitutionalist) 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
20
45
50
Page 30 be allowing politicians especially those who will never be in this position personally to limit womens right to publicly funded abortions. source: adelaidenow.com.au SBBCNEWS.COM 5
- See more at: http://sbbcnews.com/australia/?p=908#sthash.GYAEWo1p.dpuf Well, I will see if you are going to stand up as a sentry!
Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the 10 National Australasian Convention) 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. END QUOTE
15
Awaiting your response,
G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)
MAY JUSTICE ALWAYS PREVAIL

20 (
Our name is our motto!)
Page 30

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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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 senator.madigan@aph.gov.au

10-10-2013 Re: Dr Mark Hobart and the ABORTION issue, etc

Page 4 benefits to students and family allowances; END QUOTE

Title House Activity

ABORTION LAW REFORM BILL ASSEMBLY Second Reading Page 4

Page 5 Members Date Page MORAND 19 August 2008 2950

Title House Activity Members Date Page

30 Page 3792 ABORTION LAW REFORM BILL

12 September 2008 COUNCIL

Victoria's Abortion Law & Its Charter

QUOTE 19 July 2007 Hansard

July 2007 Hansard

Senator John Madigan (part of his maiden speech)

Hansard records re Abortion issue

Title House Activity Members Date Page 35

21 August 2007 COUNCIL Page 2480

Title House Activity Members Date Page

Abortion: legislation ASSEMBLY Petitions CAMPBELL; CRUTCHFIELD 13 February 2007 161

30 Page 161 Abortion: legislation 35

13 February 2007 ASSEMBLY

Title House Activity Members Date Page

Abortion: legislation ASSEMBLY Petitions CAMPBELL 7 August 2007 2516

20 Page 2516 Abortion: legislation 25

7 August 2007 ASSEMBLY

Title House Activity Members Date Page

Gender-selective, late abortion; sickening

TO WHOM IT MAY CONCERN

peter.rolfe@news.com.au CC inspector_rikati@yahoo.com.au Peter,

For the above also I view (considering your article at

JUSTICE ALWAYS PREVAIL

Awaiting your response,

G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!)

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