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Julia Gillard MP

C/o R.McClelland.MP@aph.gov.au
5 Cc: Tony Abbott Tony.Abbott.MP@aph.gov.au
AND TO WHOM IT MAY CONCERN
. 3-8-2010
Julia,
10 As a CONSTITUTIONALIST I do have concerns that you are getting paid as a Prime Minister
and yet your office doesn’t accept any emails but one has to forward emails via your political
party the Australian Labor Party! To me this is totally unacceptable as while you may be the
leader of that party as a Minister you must stand above political issues and deal with matters
irrespective of your political alliance. In case you do not understand/comprehend it, you are
15 elected upon political party association to the Parliament but you are appointed by the Governor-
General presumably because you were the person who was deemed to get others together to form
a government. Edmund Barton was appointed not because he was elected to the Parliament, as
at the time no federal election was held, but because he was deemed the person to get a
government together! Get the picture? You are appointed as a Minister because the Governor-
20 General held you were to be the appropriate person for the job and your affiliations, even in care
taking mode, should not delegate matters to your political party or any correspondence intended
to you to your political party! By doing so you have or could be deemed to have relinquished
your position to party officials! That is a very dangerous situation to allow. Both as a Member of
Parliament and as a Minister you cannot have that your correspondences are in the hands of
25 political party officials and you may then end up without having a clue what correspondences do
or do not arrive for your attention (Like this one as an example) and I urge you to immediately
re-instate the appropriate emails addresses regarding your position you are after all getting paid
for out of Consolidated Revenue funds!
.
30 With the slogan moving forwards, let attend to this.
On Monday 2-8-2010 there was an ABC television program 4Corners that appeared to indicate
that refugees or alleged refuges that are residing in Indonesia are being paid by the Australian
government to live there. Moment, under which constitutional legislative powers can this be
permitted? We have then that refugee Mr Hussein and his wife and f4 children have placed
35 themselves at risk by exposing the rot that is going on in Indonesia and elsewhere and yet why is
this man left to be at risk instead of having him and his family removed from the danger zone and
immediately given residence in the commonwealth of Australia and as I view it give him a job in
the Department of Immigration as he seems to be more competent to expose the rot then so far
others seems to do! Or are you waiting to have him killed as retribution for his exposure and then
40 you will be moving forwards alright over his grave as you may not care less about his safety and
to good he is doing to the Commonwealth of Australia as much as you proved to do to be more
interested to call for an federal election then to show common decency to attend to the fallen in
France. You wanted the top job but clearly at least it appears to me you do not understand the
obligations and responsibilities associated with it. I have no family relations with those who fell
45 during the first World War in France but nevertheless consider that you conduct was a utter
disgrace and appalling to place your interest of holding a federal election above that of showing
due and proper respect for the reburial of Australian soldiers.
.
3-8-2010 Page 1
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I understood from a Saturday advertisement for the election that the “Gillard Government”
increased Health expenditure. Well, let’s go into the details. As I understood it not long after
being appointed by the Governor-General you had this itch as to call a federal election before
perhaps people discovered you might be a fake. So, what increase in federal expenditure did you
5 get involved in as a “Gillard government” I ask? You talk about increase of hospital beds but let’s
be clear about it that as long as the federal government is increasing the population of the
Commonwealth of Australia as to immigration then the issue is not how many additional beds are
established but rather what is the ratio per population? After all if you are increasing the
population then you will need additional hospital beds and so it would be irresponsible for any
10 increase of population via immigration or otherwise if there is no additional increase in hospital
beds to ensure that the ratio of hospital beds per population doesn’t worsen. As such get out your
statistics and show the number of hospital beds per 1 million of residents over the last say 10
years! Now all this clap trap about “we care” let me use an other example.
The Commonwealth of Australia has for long legislated that if a person doesn’t have private
15 insurance then the person will be slugged an extra tax if this person is in a certain income bracket,
others who are below that income bracket and/or are in a special category such as the
unemployed/pensioners, etc do not have to have this tax levy.
My wife at 77 nevertheless pays for private health insurance because she doesn’t like your kind of
“we care” where if she is without it she cannot get appropriate medical care. She wonders if you
20 can manage to lie straight in bed at all because of the nonsense you are uttering.
When she attends to a doctor she can about immediately get access to all and any medical
facilities because of paying about $100.00 a fortnight on special charges. On the other hand I have
never and refuse to pay any private hospital benefits and so I am denied the same kind of services.
I will set out below some details albeit deleted the identities and reference numbers as to avoid
25 misuse of the details by others.
.
What we have is essentially is that we have “PUBLIC” hospitals, and I mean “PUBLIC”
hospitals that are catering more for private hospital patients then for all patients. As such, if my
wife and I were both to attend to the same doctor with the same complaint then because she is
30 paying for a private hospital cover she would get all and any testing done at the “PUBLIC”
hospital about immediately whereas I will have to wait in excess of a year or for years.
As such, the “we care” means nothing! You have been “Deputy Prime Minister” for a number of
years and yet what did you do to address this issue even so in the past I wrote about this problem?
Seems to me like everything else if it doesn’t suit you politically then you are not interested, at
35 least this is what appears to me to be your modus operandi! As a “Deputy Prime Minister” you
were questioning the increase of payment to pensioners and you seem to mouth yourself of about
that you were concerned about it being affordable. Well, let’s look at the school building debacle
and the insulation debacle as examples, both in my view were unconstitutional expenses and I
invite you to prove me wrong, and yet you didn’t bother to consider if it was “affordable” rather it
40 was a huge waste of taxpayers monies and yet had you been more to “we care” and instead of so
to say white elephants being build you had engaged in a “we care” program to have for young
invalids build special accommodations so they would have a more appropriate place to reside
being age appropriate and by this release beds in the old age care facilities and then the aged now
left to die in hospitals could have freed up hospital beds by moving into old age care homes then
45 clearly the monies would have been validly spend in constitutional terms and more appropriate,
albeit you may not have had the presumed glamour of “we care” about wasting taxpayers monies
and presiding over the death debacle of the insulation programs.
The solution is there and very easy but obviously if you do not bother to have the courtesy to
acknowledge correspondence I forwarded to you in the past, let alone to respond appropriately to
50 it, then what else can we expect from you?
.
Anyhow, getting back to the hospital issue, I attended in 2009 to a doctor after suffering for some
time considerable pain and the doctor then had me undergoing certain health checks. It was his

3-8-2010 Page 2
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conclusion that further testing was to be done at the “PUBLIC” hospital the Austin Hospital. His
first question to me was if I have private health insurance cover. I asked why. He made known to
me that unless I had private health insurance I would be placed on a long waiting list.
Moment, we are dealing with a PUBLIC hospital that appears to cater first for privately insured
5 patients and then when there is some time left public patients are permitted to attend?
Despite this and my previous writings to the then Prime Minister Kevin Rudd, I am not aware
anything was done to address this issue. As such, while in cases of for example a person not
paying the private health insurance cover and being slugged an extra tax as result then still this
person will be as like any other public patient have to wait for years to get an appointment where
10 as if he pays the at times far less private health insurance premium, as my wife does, then the
person gets priority over public patients. As such, basically you screwed up big time in having a
system operating where so to say anyone not being on a private health insurance payment is
second class citizen and those who pay private health insurance premiums are getting preferential
treatment even in PUBLIC, I repeat PUBLIC, hospitals!
15 Now consider the issue of “Radar Medical Imaging” RMI scanning letting it wait and wait and in
the meantime the very issue worsen and by the time finally it is attended to the medical bill will
have risen sharply. Now what kind of preventive action is this? Surely, to keep expenditure down
the RMI scanner should be used more then just a few hours a day? I used to be in charge of
factories and I found it wasn’t the workers but failure of proper management that was generally
20 the cause of problems of inefficiency. In my view there can be absolutely no excuse for a day
spanning perhaps 2 years or more just for an RMI scanning! If you cannot understand this to be
unacceptable then perhaps get yourself a job where the brain isn’t required to be functioning.
.
QUOTE 29-9-2009 Referral
25 Clinical Details:
Patient Medical History
None recorded.

Patient Medication List Drug Name Strength Dosage Reason Last script
COVERSYL Tablet (Perindopril 5mg 1 daily 29/09/2009
30 Arginine)

Immunisations Date Vaccination Dose


12 September ADT No.
2005
35
Recent investigations
Patient : Schorel-Hlavka, Gerrit
107 Graham Road,Viewbank 3084
Birthdate: DELETED: YXX Sex: M
40 Telephone: (03)-9457 7209
Your Reference
Lab. Reference: DELETED
Medicare Number DELETED
Phone Enquiries DELETED
45 Referred By DELETED
Addressee DELETED
Collected: 25/09/2009 03:38pm
Requested tests RIGHT KNEE, LEFT KNEE
Requested: 25/09/2009 00:00:00
50 Performed: 25/09/2009 00:_00:00
Test name: RIGHT KNEE, 'LEFT KNEE
Radar Medical Imaging
BOTH KNEES
3-8-2010 Page 3
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There is minimal lipping about the medial and patellofemoral joint compartments on the left
consistent with some early degenerative change.
The right knee joint compartments appear normal but there appear to be effusions extending into
the suprapatellar recesses of the knee joints bilaterally.
5 There is also some sclerotic change in the medullary cavity of the distal left femur consistent
with benign fibrous dysplastic change of bone.
DELETED
Heidelberg Radiology
10 Telephone: (03)-9459 8011
DELETED

END QUOTE 29-9-2009 Referral


.
15 And then the 9-12-2009 referral;
.
QUOTE 9-12-2009 Referral
AUSTIN AND REPATRIATION MEDICAL CENTRE OUTPATIENT REFERRAL
E- mail: gpopreferrairagarmc.org.au Telephone: (03) 9496 5000 Pager: 1006 Fax number: (03) 9496 2097
Referral Source: Patient Details:
DELETED Mr Gerrit H Schorel-Hlavka
110 Burgundy St 107 Graham Rd
HEIDELBERG VIC 3084 ROSANNA VIC 3084
Phone:DELETED Phone: 94577209
Fax: DELETED Date of Birth: DELETED
Provider DELETED Medicare No.: DELETED
Address:
DOB: DELETED
Date of Referral: 9/12/2009 (Home): Telephone
(Work):

Reason for Referral: Unit required;


left knee pain ,possible menisceal injury.Has appt in ortho orthopedics
Feb 2011 .he has severe pain left knee and unable to sleep
at night .Hope you would be able to make an appointment
earlier please

Referral valid for: 1 year

Clinical Urgency:
Number of days:

20 Patient Information:
Is the patient Aboriginal? No
Is the patient Torres Strait Islander? No
Has the patient attended the A&RMC previously: Yes

A&RMC UR:

25 Patient clinical details included on Page 2...

Is the patient a Veteran? DVANo;


Transport required? No
Does the patient require the assistance of an
30 Interpreter? No

3-8-2010 Page 4
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Please nominate which language/dialect

Discharge Planning Details:


If the patient is likely to require admission please complete the section below to assist with the commencement of
discharge planning.
5 (Highlight checkbox where appropriate and type an x)
Patient lives alone?
D Patient cares for dependant(s)? D ,
'Patient is likely to have complex discharge needs? D
Please indicate if the patient may require assistance from the services below on discharge. D
10 Dietitian D Hospital in the Home D Physiotherapy D
Social Work D Rehabilitation in the Home
N.B: The contents of this facsimile/ e-mail transmission are confidential and may be protected
by professional privilege. If you are not the intended recipient you are hereby notified that any
use, reproduction, disclosure or distribution of the information contained in this document is
15 prohibited. If you have received this document in error, please notify the sender immediately and
destroy or return the facsimile/ e-mail.
END QUOTE 9-12-2009 Referral
Currently the Austin has made known that the first appointment I can be attended to is in
February 2011. Yes, February 2011! As the referral of 9 December 2009 was for one year it
20 means that by 9 December 2010 I have to get another referral just for waiting till February 2011
and if by then the first appointment will be delays (as is usually the practice) then I might need
yet another referral. We have therefore taxpayers paying for doctors to write out referrals for
what? Why not just one referral to the date of the actual appointment is being done?
Again, if my wife we to attend to the doctor today for the same problems she will without any
25 undue delay have it checked out within a matter of days.
When we then look at the many elderly in society and all of them waiting AFTER first private
insured patients gets attended to then basically many of those elderly will long be dead before
any appointment comes up. And you then have the gall to claim “we care”?
It is nearly one year now before the first initial testing was done and with your claimed health
30 increase expenditure it appears to me that you miserably failed to do anything positive other then
getting rid of Kevin Rudd, not that I seek to approve of the manner you did so.
Next time you open your mouth can you just act as a Minister should be as the Framers of the
Constitution made clear that we had to have “responsible Ministers” and you actually utter some
common sense by explaining to the electors what the statistics were as the ratio of hospital beds
35 over the last few years, what the ratio is of increase of population versus ratio of reduction in
waiting list of all kinds of issues, etc.
.
It was claimed that the payment per vote was as for candidates to be able to advertise to inform
the community about matters, as a form of education. Well then prove this and stop this nonsense
40 about “going forwards” when in reality we are going backwards in services, etc. Show
tabulations as to how by the increase of population the access to hospitals actually improved?
Are you perhaps so ignorant to reality to understand that you are nothing less then a con artist
trying to sell your stuff but ignorant to what really affects the ordinary Australian who are
seeking no more but to life a decent life? They are the ones that are in the end paying your
45 salary!
.
http://www.austlii.edu.au/cgi-
bin/disp.pl/au/cases/cth/high_ct/1999/27.html?query=%22thi+act+and+all+law+made+by+the+p
arliament%22#fn50
50 QUOTE
Constitutional interpretation
The starting point for a principled interpretation of the Constitution is the
search for the intention of its makers[51].
3-8-2010 Page 5
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END QUOTE
.
Hansard 2-2-1898 Constitution Convention Debates
QUOTE Mr. DEAKIN (Victoria).-
5 The record of these debates may fairly be expected to be widely read, and the
observations to which I allude might otherwise lead to a certain amount of
misconception.
END QUOTE
.
10 Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the
National Australasian Convention)
QUOTE Mr. ISAACS.-
We want a people's Constitution, not a lawyers' Constitution.
END QUOTE
15 .
Hansard 19-4-1897 Constitution Convention Debates
QUOTE Mr. CARRUTHERS:
This is a Constitution which the unlettered people of the community ought to be able
to understand.
20 END QUOTE
.
Therefore, where the Commonwealth of Australia has legislative powers to provide for health
funding, etc, then clearly the Federal government should ensure that the citizens understand its
Ministers are competent enough to understand their rights to be provided with appropriate
25 medical care, education, etc.
.
Hansard 10-3-1891 Constitution Convention Debates (Official Record of the Debates of the
National Australasian Convention)
QUOTE Mr. DIBBS:
30 where we are giving the people of the country practically a free education-and it should be
common to all Australia-we should instil into the minds of our children the necessity for
training, and, as a quid pro quo for that free education,
END QUOTE
.
35 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)
QUOTE Mr. CLARK.-
40 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
.
45 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,
50 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
55 rights of the Crown in prosecuting criminals are.
END QUOTE
.

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In case you never were educated in it “certain fundamental rights” include the appropriate care
and attention in regard of hospital treatment, etc.
There is nothing in the constitution that private insured patients should get preference above
non privately health insured patients, etc, while you have been for so long in government it
5 appears nothing was done about fixing this rot.
.
It seems you were more concerned about pensioners getting a pay increase , those pensioners
who paid for you to enjoy free university education you so much boosted about during your trip
in India, while it seem you are now moving forwards not concerned about those who paid your
10 university expenses that they are being provided with appropriate care and attention! Es, I was
one of those taxpayers contributing to those who were getting free university education I do not
regret doing so just regret that some of them turned out to be so to say brain death and as such it
was a sheer waste of monies because while they talk the talk they do not walk the walk and are
absolutely ignorant to what is the true meaning and application of the constitution.
15 .
As Minister of the Crown at the very least show due and appropriate consideration and
attendance to what your job is about and stop waffling on about utter and sheer nonsense about
moving forwards and do try to manage to sound intelligent by showing true details of statistics
other then utter garbage!
20 If after nearly 110 years of federation you still can’t manage to get matters right such as invalid
issues, old age issues, education issues, hospital issues, etc, etc, then obviously you never will.
Forget about trying to absorb State legislative powers and try for once to do the job you are
appointed for, as in my view there is a distinctive lack of competence in that regard.
25 And for what it is worth I couldn’t care less who you sleep with but do us all a favour and do not
make it a habit to demonstrate to the world at large that you do not respect the institution of
marriage because quite frankly you shouldn’t belong in the job as so to say a show case of the
Commonwealth of Australia to show off whom ever you may from time to time share your bed
with because in my view unless you are married to the person our tax dollars should not be used
30 for those sharing your bed. In my view it might be very offensive to many heads of governments
and/or other Prime Ministers to have you having your bed partner being introduced to them. You
may not perhaps understand/comprehend this but there are still people around who do have
certain standards of common decency. I couldn’t care less if you were to sleep every night with
another man but just make sure that they are not costing the taxpayers any monies as part of your
35 position as a Minister of the Crown. In my view the Framers of the Constitution would be
turning in their graves if they knew the low standards of morality that is now being used having a
female in charge! Are we next to have someone with a religious motive to be in power and we as
taxpayers will be paying for a harem? After all once you set standards then others can follow suit
and we all are worse of by it. As such, do try to make up your mind that either you want to have
40 the top job and conduct yourself in an appropriate manner or you simply pursue your love life
but do not mix the two. If you don’t want the responsibilities of marriage then do not bother us
with the cost of your personal relationships as we the people do not want the responsibility to pay
for whomever may share your bed unless it is a person you are married to!
.
45 Constitutionally that is we do not elect a Prime Minister, and do not lay claim about this being
done because electors can only elect their own representative and the Governor-General decides
who shall be commissioned as Prime Minister. Therefore for whatever it might be worth the
people do not and cannot elect you to be Prime Minister! And if you do not desire to make an
oath of alliance of affirmation of alliance to the British Crown then you neither are
50 constitutionally appointed to serve the Crown as constitutionally we have to pay the British
Crown for your salary!

Awaiting your response, G. H. Schorel-Hlavka


3-8-2010 Page 7
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