20200408-PRESS RELEASE Mr G. H. Schorel-Hlavka O.W.B.

ISSUE –
Re CONSTITUTIONAL QUARANTINE POWERS, etc

As a CONSTITUTIONALIST my concern is the true meaning and application of the constitution.

* Gerrit, are you indicating there is an issue regarding how QUARANTINE powers can be used
and by whom?
**#** INSPECTOR-RIKATI®, that is precisely the issue. We got a constitution and embedded
legal principles in it and yet we have people put in charge who appear to me next not nothing
understand/comprehend about the constitution and now passing some $130 Billion package
where a lot less could have been put to better use to fix the darn health system. We hear
constantly that people would overwhelm the health system and come up with all kinds of models,
well I am not interested in models but in real positive action.
* In your 49 page correspondence you emails earlier today to Prime Minister Scott Morrison you
refer to “Home feaces test kits” what is that about?
**#** Well the do send out to have feaces tested regarding possible prostate cancer, etc, and so
why not do so instead for coronavirus detection. Is it not better to concentrate upon those who
have the corona virus rather than to unilaterally cripple the economy and claim to care about the
elderly, etc, while in reality doing the opposite. I also understand that there are detectors that
within about 5 minutes can indicate if a person is infected with the coronavirus or not. You do
not want to stop the nation from functioning targeting the health instead of concentrating on the
real infected persons. Why on earth should the elderly be denied contact with say their
grandchildren if those grandchildren are tested and do not show to be infected. I view it is darn
cruel to deny the elderly in their later life cycle the benefits of having contact with their
grandchildren. I as an about 8 year old used to go for a long walk just to visit my paternal
grandfather. And, I often think back about having done so. Why deny the youth of today the right
to interact with their grandparents if a simple test can clear them of being infected?
* Without referring to the entire 49 pages what was some of it?

**#** Well I will quote the link for those interested to also check what I quoted from the
Hansard Constitutional Convention Debates and most of the first 3 pages so a reader gets the gist
of what I am on about.
This 49 page document surely has taken me a lot of time in research and compilation. Then
again, if anyone were to take me to Court then I wouldn’t hesitate to use it against any
aggressor of my constitutional rights.

QUOTE 20200408-Mr G. H. Schorel-Hlavka O.W.B. to PM Mr SCOTT MORRISON-Re

CONSTITUTIONAL QUARANTINE POWERS

PM Mr Scott Morrison 8-4-2020

Forwarded via email

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Scott,
QUOTE my 24-3-2020 correspondence to you
Remember your add; “Where the hell are you?” Well, I would ask “Where the hell are
you when it comes to responsible leadership?”
END QUOTE my 24-3-2020 correspondence to you

Either you ignored to read the correspondence or simply lack the ability to apply common sense,
nevertheless I will hereby supplement my 24-3-2020 correspondence.

Firstly, as the Framers of the Constitution made clear:

Hansard 7-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention)
QUOTE Mr. BARTON (New South Wales).-

I do not think the word quarantine, for instance, which is used in the sub-section of the 52nd clause, is
intended to give the Commonwealth power to legislate with regard to any quarantine. That simply applies to
quarantine as referring to diseases among man-kind.
END QUOTE

Obviously in the proper context this means the Commonwealth can apply quarantine measures
regarding humans but within its powers of aliens, migration and immigration. The States lack
this powers unless the person is found to be in ill-health and not otherwise. This means, as the
Framers of the Constitution made clear that any “citizen” (meaning a person residing within the
Commonwealth of Australia) who is an “alien” can be subjected to special provisions of the
Commonwealth. The Commonwealth therefore even without any QUARANTINE issue involved
limit the movement of any “alien”, as it deems appropriate in the circumstances. Also it can
invoke S51(xxvi) against any specific race but not against the “general community”! The
Framers of the Constitution made clear that S51(xxvi) could not be used against the “general
community”. The States cannot unilaterally order a kind of house arrest for its citizens (being
people residing within the State) as it has no such constitutional powers. However, a State within
its Health legislation obviously can provide for anyone who has a certain contagious illness to be
limited in movement. Any citizen who however doesn’t accept this cannot be restrained unless
both in Federal and State/Territory a court obtains a specific court order against that particular
person. However, a court exercising state and/or federal powers cannot merely issue orders in
violation of a person’s constitutional rights. As I proved with both successful appeals on 19 July
2006 in AEC v Schorel-Hlavka that I was well within my constitutional rights of Political
Liberty to be subjected to “compulsory” voting. As such if I do vote in any political election it is
because I consider there is a worthy candidate who is standing to vote for. Otherwise I continue
to exercise my rights not to vote.
Likewise with this nonsense of purported unilateral “house arrest” under whatever mantra this is
pursued, it simply is not going to prevent me to do what I elect to do. Our constitution provides
for embedded legal rights of freedoms which no Parliament can blatantly disregard.
We had in Victoria that the politicians had an almighty rise in pay and why so one has to wonder
when the Health System they claim will be overburdened could have done with that money to
provide for the required ICU facilities that is needed? It has been the States themselves who
blatantly disregard responsible action considering there were past pandemics and so a competent
leader would have ensured the medical system to be prepared for the next wave, not scream
about the overburdening of a health system when they could have avoided it.
When then you get Premiers unconstitutionally ordering cruise ships to depart and so with sick
crew in my view in clear violation of the Titanic Board of Inquiry recommendations to not send
out ships where the lives of those on board are placed at the perils of the sea, then where was
your leadership to make clear (see below extensive set out) that those ships fall within the powers
of the Commonwealth and no Premier has the right to order them to leave.

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Why indeed when Premiers are complaining about being short in hospital beds was one or more
cruise ships not converted to hospital ships?
In The Netherlands, as set out below, Scientist have established that human faeces will show
COVID-19 (Novel Coronavirus) infection days before an infected person shows any symptoms,
if they show any at all. We have home testing kits for people to test their swimming pool water
and why not have a “home faeces test kit” for people to test if they are infected? Consider
mothers of infants being able to test their babies before an all scale deadly infection becomes
reality?
No use to lock in people in high rising units ( in residential towers) who then are missing out of
Vitamin D, etc, and have a weaker immune system and become cooked in their unit when there
is a much better alternative to just concentrate upon those who are infected and let others
continue to get along their lives as they desire.
As I attend to below, why are medical staff despite their gowns, mask, and whatever becoming
ill? Is it that they may not at all fall ill because of being in contact with patients but because they
actually became ill away from their place or work? Meaning, they are perhaps contaminating
those attending to hospitals? Is it that the mask and other protection gear they are using might in
the end not at all be sufficient to protect them?
Where are the food parcels for the elderly, the invalids and the carers and those under their
charge to prevent stress and duress? No use to claim to care for the elderly, etc, when blatantly
ignoring the stress and other problems you inflict upon them.
Our constitution doesn’t provide whatsoever for a so called “National Cabinet” and it is time you
show real leadership instead of this kind of nonsense. If you hold there is a “National Cabinet”
system within our constitution then I challenge you to show where it is stated in the constitution.
We obviously also lack a competent leader of the Opposition as not to even bother raise any of
the issues I am about.
The States created within s106 of the constitution “subject to this constitution” therefore are also
bound by the embedded legal principles. While the States are entitled to limit retailers in working
hours there should however be no abuse of this nor any bias to any particular section.
There is a lot more to this all but this correspondence will already be of a considerable extent and
so I will refrain delving in that issue in details, safe to say that in my view businesses who are
affected by restrictions by a State are entitled to sue the State for compensation. It has then
nothing to do with the Commonwealth. Neither does the constitution provide for the
Commonwealth to pay a reported $1,500.00 a fortnight for businesses to keep staff where they
are not even unemployed.
You and others may not like my exposure and criticism but I am sick and tired of this stupidity of
blatantly violating citizens their constitutional rights. As with this “compulsory” voting issue I
can assure you I am preparing my case already in case some person were to take me to task to
litigate against me. How dare you to restrict the lives of the elderly who in their later years of life
are denied proper communication and freedoms otherwise where clearly there are other ways to
APPROPRIATELY address the issues at hand.
Going about playing some kind of Santa Claus isn’t going to resolve anything as you are really
giving away monies of other people. Neither is this in my view economical competent when a far
lesser manner issues can be addressed.

It is in my view very obvious that neither you or the Premiers have a clue what the true meaning
and application of our constitution is about, this despite you all are purported to be
“constitutional advisers” to the respective Governor/Governor-General. Shame on you all!

In my view the issue of $1,652 infringement notices have no legal justification and I view a gross
abuse of legal powers. If I was subjected to one I would rigorously defend my constitutional
rights.

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The claim and exercise of Constitutional Rights cannot be converted into a crime. Miller v.
Kansas 230 F 2nd 486, 489:

For a crime to exist, there must be an injured party (Corpus Delicti) There can be no sanction or
penalty imposed on one because of this Constitutional right. Sherer v. Cullen 481 F. 945:

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.
END QUOTE 20200408-Mr G. H. Schorel-Hlavka O.W.B. to PM Mr SCOTT MORRISON-Re
CONSTITUTIONAL QUARANTINE POWERS

This document can be downloaded from:

https://www.scribd.com/document/455508857/20200408-Mr-g-h-Schorel-hlavka-o-w-b-to-Pm-
Mr-Scott-Morrison-re-Constitutional-Quarantine-Powers
* If they were to fine you what would you do?
**#** As with that compulsory voting issue fight it all the way. We all should stand up for our
constitutional rights and not slowly bit by bit allow it to be eroded. Our descendants are entitled
we protect their rights of the constitution and not squander it away for nonsense.

Hansard 20-4-1897 Constitution Convention Debates

QUOTE Mr. HIGGINS:

I think it is advisable that private people should not be put to the expense of having important
questions of constitutional law decided out of their own pockets.

END QUOTE

For sure there is a death toll that is of concern but are we next going to get the same or worse
with any flu? Let us be clear about it once politicians taste dictatorship powers then more than
likely they will continue to pursue more and more.
Are we now going to have the Police/PSO officers are going to determine what is an acceptable
distance to purchase items? So, you be forced to shop at stores where you may not be able to
purchase the brand of products you desire and accustomed to? Is a women forced to go to a
hairdresser close by rather to one of her choice because of the distance involved?
Basically we now are living under a dictatorship and in my view only a fool would accept this to
be going on.

We need competent leadership where the least harmful ways are pursued to keep the death toll
low while not undermining people’s constitutional rights.
In my view premier’s sending cruise ships away in the circumstances they did should have been
blocked by the Prime Minister and indeed undermines the ability to turn them into hospital ships,
if so needed.

We need to return to the organics and legal principles embed in of our federal constitution!
This correspondence is not intended and neither must be perceived to state all issues/details.
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
MAY JUSTICE ALWAYS PREVAIL® (Our name is our motto!)
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