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1
2
3 Mr Clive Palmer (& Ors) 2-8-2020
4 admin@unitedaustraliaparty.org.au
5
6 20200528-Mr G. H. Schorel-Hlavka O.W.B. to Mr Clive Palmer Re border closures, etc
7 Clive,
8 further to my “20200528-Mr G. H. Schorel-Hlavka O.W.B. to Mr Clive Palmer Re border closures,
9 etc” correspondence I provide this supplement 1.
10
11 https://www.msn.com/en-au/news/australia/premier-declares-clive-palmer-an-enemy-of-the-state/vi-
12 BB17p25H?ocid=msedgdhp
13 Premier declares Clive Palmer an 'enemy of the state'
14
15 How on earth can a person objecting to an unconstitutional law/order be an enemy of the State, I
16 wonder? If anything, I view, the Premier himself is an enemy of the People by defying Section
17 117 and 92 of the constitution! The states are created within s106 of the constitution “subject to
18 this constitution” and therefore bound by the legal principles embedded in this constitution.
19
20 I came across an article:
21 https://www.abc.net.au/news/2020-08-02/government-removes-support-for-clive-palmers-push-to-open-
22 border/12515948
23 Commonwealth withdraws from Clive Palmer border case, Prime Minister's letter to WA Premier reveals
24
25 In which it was stated:
26 QUOTE
27 In his letter, dated August 1, Mr Morrison stated that he had "taken into account the changed state of
28 the pandemic", and noted the "high level of concern regarding public health in the Western Australian
29 community".
30 END QUOTE
31 And
32 QUOTE
33 "While taking our constitutional responsibilities seriously in seeking to respect established
34 conventions, I also accept that recent events in the Eastern States, especially Victoria, are creating real
35 concerns to residents in other states less impacted," the Prime Minister wrote.
36 "I do not wish to see these concerns further exacerbated in Western Australia."
37 END QUOTE
38
39 It appears that the Prime Minister somehow perceives some “convention” overrides the
40 provisions of the Commonwealth of Australia Constitution Act 1900 (UK).
41
42 Obviously this is utter and sheer nonsense.
43 .
44 HANSARD 4-3-1891 Constitution Convention Debates (Official Record of the Debates of the National
45 Australasian Convention)
46 QUOTE Sir HENRY PARKES:
47 The resolutions conclude:
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1 An executive, consisting of a governor-general, and such persons as may from time to time be
2 appointed as his advisers, such persons sitting in Parliament, and whose term of office shall depend
3 upon their possessing the confidence of the house of representatives expressed by the support of the
4 majority.
5 What is meant by that is simply to call into existence a ministry to conduct the affairs of the new nation as
6 similar as it can be to the ministry of England-a body of constitutional advisers who shall stand as nearly as
7 possible in the same relation to the representative of the Crown here [start page 27] a her Majesty's imperial
8 advisers stand is relation to the Crown directly. These, then, are the principles which my resolutions seek to
9 lay down as a foundation, as I have already stated, for the new super structure, my object being to invite other
10 gentlemen to work upon this foundation so as to best advance the ends we have in view.
11 END QUOTE
12
13 If therefore the Prime Minister or for that any Minister of the Commonwealth, State/Territory
14 cannot grasp what is constitutionally applicable then they shouldn’t be Ministers in the first
15 place. Constitutional terrorism by any Minister or their officials never must be permitted nor
16 condoned.
17 .
18 HANSARD 9-2-1898 Constitution Convention Debates
19 QUOTE
20 Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
21 END QUOTE
22 .
23 HANSARD 1-3-1898 Constitution Convention Debates
24 QUOTE
25 Mr. GORDON.- The court may say-"It is a good law, but as it technically infringes on the Constitution
26 we will have to wipe it out."
27 END QUOTE
28
29 Hansard 8-3-1898 Constitution Convention Debates
30 QUOTE Sir JOHN DOWNER.-
31 No one is more in favour of that than I am. But, at the same time, it is said-"Let the Houses of Parliament act
32 capriciously and variously from day to day-allow this 'tacking' to go on if the Houses choose to agree to it-let
33 the Houses do one thing one day and another the next, and do not bother about altering the Constitution, but
34 trust the Parliament." Of course; but Parliament must only be trusted when it is within the Constitution.
35 The Senate of to-day and the House of Representatives must not be put in a position superior to the
36 Constitution.
37 END QUOTE
38
39 I have over the recent months done my own extensive investigations regarding the issues
40 surrounding COVID-19 and my numerous writings can be downloaded from my blog at
41 www.scribd.com/inspectorrikati.
42 I have ongoing requested for a federal ROYAL COMMISSION as I view politicians for their
43 own political goals are using the deaths of many to abuse and misuse their powers and
44 unconstitutionally violate s92 and s117 of the constitution.
45 .
46 Hansard 7-2-1898 Constitution Convention Debates
47 QUOTE Mr. BARTON (New South Wales).-
48
49 I do not think the word quarantine, for instance, which is used in the sub-section of the 52nd clause, is
50 intended to give the Commonwealth power to legislate with regard to any quarantine. That simply applies to
51 quarantine as referring to diseases among man-kind.
52 END QUOTE
53
54 The following applies as much to Federal laws of the Commonwealth of Australia as it
55 does to federal laws in the USA; http://familyguardian.tax-
56 tactics.com/Subjects/LawAndGovt/ChallJurisdiction/AuthoritiesArticle/AuthOnJurisdiction.htm
57 QUOTE
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 Page 3

1 37 Am Jur 2d at section 8 states, in part: “Fraud vitiates every transaction and all contracts. Indeed, the
2 principle is often stated, in broad and sweeping language, that fraud destroys the validity of everything into
3 which it enters, and that it vitiates the most solemn contracts, documents, and even judgments.”
4 END QUOTE
5 And
6 QUOTE
7 The general misconception is that any statute passed by legislators bearing the appearance of law constitutes
8 the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be
9 in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail.
10 This is succinctly stated as follows:
11 The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no
12 law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its
13 enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal
14 contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it
15 purports to settle just as it would be had the statute not been enacted.
16 Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no
17 rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts
18 performed under it. . .
19 A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede
20 any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is
21 superseded thereby.
22 No one is bound to obey an unconstitutional law and no courts are bound to enforce it.
23 END QUOTE
24
25 QUOTE Quick & Garran
26 LIMITS OF THE POLICE POWERS. – The right of exclusion is founded on the vital necessity of self-
27 defence and self-protection. A State could not exclude persons, animals or merchandise unobjectionable in
28 character, health, and quality, and fit subjects of commerce. (Brimmer v. Rebman, 136 U.S. 78.) In
29 Henderson v. Mayor of New York, 92 U.S. 259, the extent to which a State could exclude paupers and
30 criminals was not clearly decided. A state law which forbids the entrance into the State of person who is not
31 pauper, vagabonds, are criminals, and who are not unsound in body or mind, is not a right exercise of the
32 police power. (State v, Steamship “Constitution” 42 Calif. 579.)
33 END QUOTE
34
35 Hansard 9-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
36 Australasian Convention)
37 QUOTE
38 Mr. DEAKIN (Victoria).-The position of my honorable and learned friend (Mr. [start page 2092] Higgins)
39 may be perfectly correct. It may be that without any special provision the practice of the High Court, when
40 declaring an Act ultra vires, would be that such a declaration applied only to the part which trespassed
41 beyond the limits of the Constitution. If that were so, it would be a general principle applicable to the
42 interpretation of the whole of the Constitution.
43 END QUOTE
44 .
45 Hansard 8-3-1898 Constitution Convention Debates
46 QUOTE
47 Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid.
48 END QUOTE
49
50 https://www.abc.net.au/news/2020-07-28/wa-may-be-forced-to-open-coronavirus-borders-by-high-
51 court/12495046?fbclid=IwAR3lKRwRYyyJnXJjgYhlNaZgOfCmYvt_1aeq5b6DGk46Ro46SF0HNj480oE
52 WA at risk of losing legal bid by Clive Palmer to bring down coronavirus border, Premier admits
53
54 It is important that any reader is not misconceiving a statement that somehow some Health
55 Official can directly/indirectly override our Commonwealth of Australia Constitution Act 1900
56 (UK). As such, border closures are violating S117 and 92 of the constitution which denies
57 discrimination of citizens of different states . No doctor can justify this either, this as his medical
58 experiences, for what it might be, has absolutely no bearing upon the provisions of the
59 constitution. It would be absurd if some doctor can willy-nilly override constitutional provisions.
60
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1 We now had in Victoria the order for anyone to wear a masks, just that my own research
2 indicates there is no such mask existing that protects against “COVID-19”. It therefore is absurd
3 that a Health Official would demand the usage of mask that are not existing let alone available
4 for anyone.
5 .
6 I on 30 July 2020 wrote to both Prime Minister Scott Morrison and Premier Daniel Andrews that
7 I contemplated on 31 July 2020 to travel from my residence in Viewbank to Reservoir and on my
8 way would attend to the Australian Post Office at Northland, Preston. I urged them to ensure I
9 was not harassed by anyone about a mask, etc. I did make this trip and also travelled on the
10 return trip to Bundoora and at no time was questioned about not wearing a mask or driving
11 about. I had made clear I would be prepared to litigate the matter if any attempt was made to fine
12 me for doing what I held I am constitutionally entitled to do. My view is that politicians or their
13 officials cannot deny me of my constitutional rights.
14 .
15 I understand that David Elliott NSW Police Minister (baulkhamhills@parliament.nsw.gov.au ) is
16 another I view constitutional terrorist.
17
18 https://www.msn.com/en-au/news/australia/coronavirus-live-updates-victorians-are-bracing-for-possibility-of-
19 tougher-covid-19-restrictions-as-concern-grows-about-an-increase-in-mystery-cases/ar-BB17swx5?ocid=msedgdhp
20 Coronavirus live updates: Victorians are bracing for possibility of tougher COVID-19 restrictions, as concern
21 grows about an increase in mystery cases
22 QUOTE
23 NSW Police Minister David Elliott has encouraged people to call Crime Stoppers if they see people
24 breaching health restrictions
25 END QUOTE
26
27 Health restrictions that violate the constitution are no restrictions at all. Reporting a person to
28 engage in constitutional permissible rights I view is supporting terrorism. That should never be
29 permitted to be supported by a Minister of the Crown.
30 If for example I were to travel from Viewbank to Queensland to visit some of my grandchildren
31 and so travel through NSW then David Elliott NSW Police Minister would be utterly powerless
32 to prevent me doing so unless he engaged in criminal activity to deny me my right of travel.
33
34 Hansard 1-3-1898 Constitution Convention Debates
35 QUOTE Sir JOHN DOWNER.-
36 I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond
37 the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say
38 that there shall be embedded in the Constitution the righteous principle that the Ministers of the
39 Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as
40 any private person would be.
41 END QUOTE
42
43 My wife at 87 and having Hearth Failure and other underlying health conditions is of concern to
44 me in particular as in October 2019 she spend 10 days in hospital (including ICU) for it. My
45 intention therefore is to pursue the best possible protection for her. As my wife made clear she
46 rather would commit suicide then to end up in a nursing home. She knows too well the
47 considtion her late husband Mr Jaroslav Hlavke (my friend) had when he died in a nursing home.
48 On one of my visit’s I noticed a blanket partly over his leg and the rest he was naked. The bed
49 and floor were covered with urine.
50 My correspondence “20200801-G. H. Schorel-Hlavka O.W.B. to Senator the Hon Richard
51 Colbeck-Minister for Aged Care and Senior Australians & Ors” can be downloaded.
52
53 Let us finally have a proper investigation by all concerned so we really prevent early deaths in nursing
54 homes and other care facilities as well as look better after the doctors, nurses and carers.
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1
2 This document can be downloaded from:
3 https://www.scribd.com/document/471083981/20200801-G-H-Schorel-Hlavka-O-W-B-to-Senator-the-Hon-
4 Richard-Colbeck-Minister-for-Aged-Care-and-Senior-Australians-Ors
5
6 Wrecking the economy for perhaps the New World Order and destroying the lifelong work of
7 many in the process must never be deemed acceptable nor permissible. Neither does our
8 constitution permit for a New World Order. Neither LOCKDOWN’s, mask, social distancing
9 worked, as it is a false narrative to make that claim. Unless the real causes are addressed not
10 even an eternity of LOCKDOWN’s, mask, social distancing will resolve the core problems. Why
11 indeed, as it appears to me, are the elderly as residents in nursing homes dying more about the
12 claimed COVID-19 then where they are residing at home? Surely that might indicate that there is
13 something about nursing homes that is the real issue!
14 .
15 https://www.msn.com/en-au/news/australia/concern-that-covid-19-may-infect-indigenous-communities/vi-
16 BB17oX8k?ocid=msedgdhp
17 Concern that COVID-19 may infect Indigenous communities
18 A number of Indigenous Victorians have unfortunately contracted the virus.
19
20 It is remarkable that when there was a huge demonstration in Melbourne involving many
21 Aboriginals Premier Daniel Andrews made clear they wouldn’t be fined for violating health
22 provisions, whereas others would be.
23 This to me underlined it is a political exercise. If you do what suits the politicians then you can
24 violate any health direction. And I understand the same was in other States.
25 As such law abiding business owners are fined and/or prevented to exercise their constitutional
26 rights but those who pursue the political agenda, as it appears to me, are sanctioned to do so.
27
28 In my view, the Courts must not allow the Commonwealth to withdraw from the proceedings
29 and held accountable for being willing to ignore the true meaning and application of the
30 constitution. If this is some sort of “convention”, then I view, the courts must express their
31 concern that the Prime Minister somehow indicated there is a “convention” to disregard
32 constitutional provisions!
33
34 In my view, the States should at the very least have postponed any border restrictions while the
35 matter is being litigated. It this example is followed by citizens, that regardless a citizen is right
36 or wrong the citizen can ignore laws, etc, under the excuse that the court have not delivered a
37 final judgment? We now have numerous fines issued against persons that itself I view is a form
38 of constitutional terrorism. Let us address the real issues of what is claimed to be COVID-19,
39 and stop making it a political issue to advance political goals.
40
41 Let’s stop the fearmongering and address the real core issues.
42
43 This correspondence can be distributed to others.
44
45 We need to return to the organics and legal principles embed in of our federal constitution!
46
47 This correspondence is not intended and neither must be perceived to state all issues/details.
48 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

49 MAY JUSTICE ALWAYS PREVAIL®

50 (Our name is our motto!)
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