20200808-G. H. Schorel-Hlavka O.W.B. To MR Daniel Andrews Premier of Victoria-FOI REQUEST

1
Mr Daniel Andrews Premier 8-8-2020

daniel.andrews@parliament.vic.gov.au
5
20200808-G. H. Schorel-Hlavka O.W.B. to Mr Daniel Andrews Premier of Victoria
- FOI REQUEST
Sir,
as you ought to be aware I have for months been writing about this COVID-19 issue but while
10 at times I receive an automatic reply it appears no real communication was forthcoming from
you.
My wife Olga is 87 and was last October in hospital for Hearth Failure and has various
underlying health conditions. She is very upset that in the years left for her she cannot even now
go to a shopping centre to have a meal at a restaurant with me of go to a coffee shop as we used
15 to do. In my view, your conduct is not just grossly irresponsible but absurd and defies her as well
as mine constitutional rights. In my view, your conduct is that as a constitutional terrorist and
needs to be stopped. How on earth can it be in the interest of safety where my wife, who 24/7
lives with me cannot be permitted to travel with me to a supermarket as only one person of the
household is permitted to do so, but she could (at her expenses of course) travel in a taxi or
20 public transport at great risk to her health to a supermarket.
This alone ought to underline how absurd the restrictions are! So, my wife who has problems to
walk distances, would have to struggle from a taxi into a shopping centre. Have to walk around,
(instead of letting me take some items) and then struggle with a trolley to wait for a taxi, and then
somehow return the trolley to the appropriate storage and then walk to the taxi again. And, that is
25 not to say a taxi would be willing to turn up for such a short distance. And, where my wife needs
assistance during the shopping who will be there for her? Forget about store personnel as they are
about missing for any customer assistance. However, if I were to become a driver to transport
people such as drive a taxi, then I could drive my wife to a store but would ordinary not be
permitted to accompany her in the shopping as I could then face a reported $5,000 fine, but not is
30 a stranger was to go along with her for the same purpose.
The following is regarding the USA but may provide some indications that there are questions as
to how testing is done, compiled, etc.
35 https://childrenshealthdefense.org/news/if-covid-fatalities-were-90-2-lower-how-would-you-feel-
about-schools-reopening/ July 24, 2020
If COVID Fatalities Were 90.2% Lower, How Would You Feel About Schools Reopening?
QUOTE
Some have argued for concern and caution in the 25 to 54 age demographic, which makes logical sens e,
40 so let’s look again at the current data available.
 More work force age adults, in the 25 to 54 age demographic, have died from pneumonia (9,268) compared
to COVID-19 (9,034).
 In the 25 to 54 age demographic, there have been 146,663 reported fatalities from all causes.
p1 8-8-2020 © G. H. Schorel-Hlavka O.W.B.

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
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
2
 Thus, COVID-19 fatalities in the 25 to 54 age demographic make up 6.16% of all fatalities. The risk of
45 fatality for COVID-19 is on par with the risk of fatality associated with contracting pneumonia, 6.32% in
this age demographic.
As encouraging as this data is, we have concerns regarding data collection and reporting that we will discuss
below that potentially lowers current fatality counts by 90.2%. It is very possible that state health
departments have been instructed by the CDC to over-count COVID fatalities, cases, and hospitalizations,
50 and we will present that evidence shortly.
… there is no more significant risk of fatality from contracting the SARS-CoV-2 virus than there is for
developing pneumonia for teens & young adults.
As we have demonstrated in our first 2 research articles, ‘Are Children Really Recovering 99.9584% of the
Time From COVID-19,’ and ‘COVID-19…Have You Heard? There Is Good News!’ there is a very real
55 concern for Americans over the age 50 and especially over 65 years of age. Risk of fatality increases
substantially for Americans over age 50 with at least 1 of the following comorbidities: Hypertension,
Diabetes, Elevated Cholesterol, Kidney Disease, Dementia, Heart Disease. For perspective, according to
the CDC, is the risk of dying from pneumonia higher than the risk of dying from COVID-19 in the 55
to 64 age demographic?
60 END QUOTE
https://childrenshealthdefense.org/news/if-covid-fatalities-were-90-2-lower-how-would-you-feel-
65 QUOTE
After all, based upon the July 11th data from the CDC’s Provisional COVID-19 Death Counts by Sex, Age &
State webpage, if COVID-19 is an epidemic (122,374 Fatalities), then shouldn’t pneumonia (131,372
Fatalities) also be an epidemic?
Why Did the CDC Decide to Create Unique Reporting Rules for COVID-19 When
70 Successful Reporting Rules Already Existed?
A double standard exists for how COVID-19 data is collected and reported versus all other infectious
diseases and causes of death. Let’s examine three essential data categories; Fatalities, Cases &
Hospitalizations for all infectious diseases because there are significant flaws in what constitutes a COVID-
19 case, hospitalization and fatality.
75 On March 24th, the CDC decided to ignore universal data collection and reporting guidelines for fatalities in
favor of adopting new guidelines unique to COVID-19. The guidelines the CDC decided against using have
been used successfully since 2003.
After all, based upon the July 11th data from the CDC’s Provisional COVID-19 Death Counts by Sex, Age &
State webpage, if COVID-19 is an epidemic (122,374 Fatalities), then shouldn’t pneumonia (131,372
80 Fatalities) also be an epidemic?1
END QUOTE
85 If COVID Fatalities Were 90.2% Lower, How Would You Feel About Schools Reopening?
QUOTE
This is important because the PCR test has been reported to be inaccurate 50% of the time it is used
according to Dr. Lee as reported in the International Journal of Geriatrics and Rehabilitation published on
July 17th, 2020. In this study, up to 30% of PCR tests resulted in false positives and up to 20% resulted in
90 false negatives, which means that PCR may only be accurate for detection 50% of the time it is used. 18
The generally accepted medical standard for lab test accuracy is 95% and above, but in a situation like this 70
to 80% would likely be deemed as acceptable by most medical professionals.
Additionally, the mere presence of viral nucleic acids does not necessarily indicate active viral infection nor
viral replication. Nucleic acid fragments from a viral entity may exist in patient tissues because of
3
95 immunological destruction of the virus, which is supposed to happen and potentially occurred several weeks
prior to specimen collection. What PCR testing may be discovering is not evidence of a current infection, but
rather the remnants of a prior infection that the patient has already recovered from.
END QUOTE
100 https://childrenshealthdefense.org/news/if-covid-fatalities-were-90-2-lower-how-would-you-feel-
QUOTE
We may never know. However, when we base our estimates upon the comorbidity data being published by
105 New York, Massachusetts, Georgia, Oklahoma, Utah, Pennsylvania and Iowa the data suggests that
accurate fatality rates could drop by approximately 90.2%.
How much would using the Medical Examiners’ and Coroners’ Handbook on Death Registration and Fetal
Death Reporting rather than the March 24 th NVSS guidelines and the April 14th CSTE position paper
completely reshape the way we see COVID-19?
110 How much would it address the fear of the SARS-CoV-2 virus, and the implications, which so many
media outlets have attempted to instilled within us?
And would any objective American have any worry for our children’s safety if they knew that pneumonia
and influenza have each claimed more lives in the 0 to 14 age demographic than COVID-19?
We have serious professional and ethical concerns with empowering people with limited medical
115 training to diagnose any medical condition without examining the prospective patient and reviewing a
full health history with them as Contact Tracers are doing.
We have serious professional and ethical concerns with hospitals admitting patients as COVID-19 case
without definitive evidence.
We have serious professional and ethical concerns with licensed physicians and nurses being required to
120 classify all hospitalizations as COVID-19, regardless of reason for admission, or if the patient tests positive
or is suspected to have contracted the SARS-CoV-2 virus. Making this a requirement prevents trained
medical professionals from using their best judgment in determining diagnosis.
END QUOTE
125 Within the Commonwealth of Australia Constitution Act 1900 (UK) the Framers of the
constitution embedded legal principles which includes s92 and s117.
92 Trade within the Commonwealth to be free

On the imposition of uniform duties of customs, trade, commerce, and intercourse among the
130 States, whether by means of internal carriage or ocean navigation, shall be absolutely free.
But notwithstanding anything in this Constitution, goods imported before the imposition of uniform
duties of customs into any State, or into any Colony which, whilst the goods remain therein,
becomes a State, shall, on thence passing into another State within two years after the imposition of
such duties, be liable to any duty chargeable on the importation of such goods into the
135 Commonwealth, less any duty paid in respect of the goods on their importation.
117 Rights of residents in States

A subject of the Queen, resident in any State, shall not be subject in any other State to any disability
or discrimination which would not be equally applicable to him if he were a subject of the Queen
140 resident in such other State.
I came across an article:

https://www.abc.net.au/news/2020-08-02/government-removes-support-for-clive-palmers-push-to-open-
border/12515948
145 Commonwealth withdraws from Clive Palmer border case, Prime Minister's letter to WA Premier reveals
In which it was stated:

QUOTE
In his letter, dated August 1, Mr Morrison stated that he had "taken into account the changed state of
150 the pandemic", and noted the "high level of concern regarding public health in the Western Australian
community".
END QUOTE

4
And
QUOTE
155 "While taking our constitutional responsibilities seriously in seeking to respect established conventions,
I also accept that recent events in the Eastern States, especially Victoria, are creating real concerns to
residents in other states less impacted," the Prime Minister wrote.
"I do not wish to see these concerns further exacerbated in Western Australia."
END QUOTE
160
It appears that the Prime Minister somehow perceives some “convention” overrides the
provisions of the Commonwealth of Australia Constitution Act 1900 (UK).
Obviously this is utter and sheer nonsense.

165 .
HANSARD 4-3-1891 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Sir HENRY PARKES:
The resolutions conclude:
170 An executive, consisting of a governor-general, and such persons as may from time to time be
appointed as his advisers, such persons sitting in Parliament, and whose term of office shall depend
upon their possessing the confidence of the house of representatives expressed by the support of the
majority.
What is meant by that is simply to call into existence a ministry to conduct the affairs of the new nation as
175 similar as it can be to the ministry of England-a body of constitutional advisers who shall stand as nearly as
possible in the same relation to the representative of the Crown here [start page 27] a her Majesty's imperial
advisers stand is relation to the Crown directly. These, then, are the principles which my resolutions seek to
lay down as a foundation, as I have already stated, for the new super structure, my object being to invite other
gentlemen to work upon this foundation so as to best advance the ends we have in view.
180 END QUOTE
If therefore the Prime Minister or for that any Minister of the Commonwealth, State/Territory
cannot grasp what is constitutionally applicable then they shouldn’t be Ministers in the first
place. Constitutional terrorism by any Minister or their officials never must be permitted nor
185 condoned.
.
HANSARD 9-2-1898 Constitution Convention Debates
QUOTE
Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
190 END QUOTE
.
QUOTE
Mr. GORDON.- The court may say-"It is a good law, but as it technically infringes on the Constitution
195 we will have to wipe it out."
END QUOTE
Hansard 8-3-1898 Constitution Convention Debates

QUOTE Sir JOHN DOWNER.-
200 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
capriciously and variously from day to day-allow this 'tacking' to go on if the Houses choose to agree to it-let
the Houses do one thing one day and another the next, and do not bother about altering the Constitution, but
trust the Parliament." Of course; but Parliament must only be trusted when it is within the Constitution.
The Senate of to-day and the House of Representatives must not be put in a position superior to the
205 Constitution.
END QUOTE

QUOTE Mr. BARTON (New South Wales).-
5
210
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
215
The following applies as much to Federal laws of the Commonwealth of Australia as it
does to federal laws in the USA; http://familyguardian.tax-
tactics.com/Subjects/LawAndGovt/ChallJurisdiction/AuthoritiesArticle/AuthOnJurisdiction.htm
QUOTE
220 37 Am Jur 2d at section 8 states, in part: “Fraud vitiates every transaction and all contracts. Indeed, the
principle is often stated, in broad and sweeping language, that fraud destroys the validity of everything into
which it enters, and that it vitiates the most solemn contracts, documents, and even judgments.”
END QUOTE
And
225 QUOTE
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes
the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be
in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail.
This is succinctly stated as follows:
230 The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no
law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its
enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal
contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it
purports to settle just as it would be had the statute not been enacted.
235 Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no
rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts
performed under it. . .
A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede
any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is
240 superseded thereby.
No one is bound to obey an unconstitutional law and no courts are bound to enforce it.
END QUOTE
QUOTE Quick & Garran

245 LIMITS OF THE POLICE POWERS. – The right of exclusion is founded on the vital necessity of self-
defence and self-protection. A State could not exclude persons, animals or merchandise unobjectionable in
character, health, and quality, and fit subjects of commerce. (Brimmer v. Rebman, 136 U.S. 78.) In
Henderson v. Mayor of New York, 92 U.S. 259, the extent to which a State could exclude paupers and
criminals was not clearly decided. A state law which forbids the entrance into the State of person who is not
250 pauper, vagabonds, are criminals, and who are not unsound in body or mind, is not a right exercise of the
police power. (State v, Steamship “Constitution” 42 Calif. 579.)
END QUOTE
Hansard 9-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
255 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
260 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
.
265 QUOTE
Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid.
END QUOTE

6
https://www.abc.net.au/news/2020-07-28/wa-may-be-forced-to-open-coronavirus-borders-by-high-
270 court/12495046?fbclid=IwAR3lKRwRYyyJnXJjgYhlNaZgOfCmYvt_1aeq5b6DGk46Ro46SF0HNj480oE
WA at risk of losing legal bid by Clive Palmer to bring down coronavirus border, Premier admits
It is important that any reader is not misconceiving a statement that somehow some Health
Official can directly/indirectly override our Commonwealth of Australia Constitution Act 1900
275 (UK). As such, border closures are violating s117 and s92 of the constitution which denies
discrimination of citizens of different states. No doctor can justify this either, this as his medical
experiences, for what it might be, has absolutely no bearing upon the provisions of the
constitution. It would be absurd if some doctor can willy-nilly override constitutional provisions.
280 We now had in Victoria the order for anyone to wear a mask, just that my own research indicates
there is no such mask existing that protects against “COVID-19”. It therefore is absurd that a
Health Official would demand the usage of mask that are not existing let alone available for
anyone.
My wife’s heart specialist went on leave (being pregnant) and now my wife was unable to obtain
285 a medical exemption certificate not needing to wear a mask. She yesterday tried again 2 different
kinds and well shortly after that ended up falling ill. This clearly is cruel and I view heartless to
inflict upon a woman of her age.
.
I have over the months extensively written about the COVID-19 issue and provided you with
290 numerous email with attachments. While you may be blatant ignorant to consider let alone
respond to me, nevertheless I view you had ample of time to consider it all. Still you now have
even purportedly made a declaration of a disaster of some invisible enemy (as PM Scott
Morrison claimed it was).
In my view you are the real disaster for engaging in what I view constitutional terrorism with
295 others of your kind.
Again:
https://www.abc.net.au/news/2020-07-28/wa-may-be-forced-to-open-coronavirus-borders-by-high-
court/12495046?fbclid=IwAR3lKRwRYyyJnXJjgYhlNaZgOfCmYvt_1aeq5b6DGk46Ro46SF0HNj480oE
WA at risk of losing legal bid by Clive Palmer to bring down coronavirus border, Premier admits
300
Our (federal) constitution is not depending upon you and other politicians having some
“convention” to close borders in violation of our constitutional rights as the Framers of the
Constitution made clear:
305 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
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
310 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.
END QUOTE
And
315 QUOTE
Mr. 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
320 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 themselves.
END QUOTE

7
325 QUOTE
Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
END QUOTE
You may also consider my correspondence “20200801-G. H. Schorel-Hlavka O.W.B. to

330 Senator the Hon Richard Colbeck-Minister for Aged Care and Senior Australians & Ors”
can be downloaded.
Let us finally have a proper investigation by all concerned so we really prevent early deaths in nursing
homes and other care facilities as well as look better after the doctors, nurses and carers.
335
This document can be downloaded from:
https://www.scribd.com/document/471083981/20200801-G-H-Schorel-Hlavka-O-W-B-to-Senator-the-Hon-
Richard-Colbeck-Minister-for-Aged-Care-and-Senior-Australians-Ors
As well as:
340
https://www.rumormillnews.com/cgi-bin/forum.cgi?read=151356
July 16, Ty & Charlene Bollinger: '8 “Facts” About Coronavirus That Are Actually Lies'
My view is that “Stay at Home Directions (Restricted Areas) (No 4) - 22 July 2020” requiring
345 mask to be worn where to my understanding no mask s exist to protect against COVID-19 is an
absurdity.
The Framers if the Constitution embedded this legal principle also in the constitution:
350 QUOTE
Mr. OCONNOR.-No, it would not; and, as an honorable member reminds me, there is a decision on the
point. All that is intended is that there shall be some process of law by which the parties accused must be
heard.
Mr. HIGGINS.-Both sides heard.
355 Mr. OCONNOR.-Yes; and the process of law within that principle may be [start page 689] anything
the state thinks fit. This provision simply assures that there shall be some form by which a person
accused will have an opportunity of stating his case before being deprived of his liberty. Is not that a
first principle in criminal law now? I cannot understand any one objecting to this proposal.
END QUOTE
360 And
QUOTE
Sir JOHN DOWNER.-Now it is coming out. The Constitution is made for the people and the states on
terms that are just to both.
365 END QUOTE
Hence, the provision of the judiciary is so it can impartially hear and determine issues between a
citizen and a government or governments.
370 And they also made clear:

QUOTE Sir JOHN DOWNER.-
I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond
the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say
375 that there shall be embedded in the Constitution the righteous principle that the Ministers of the
Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as
any private person would be.
END QUOTE
I do not accept that you can somehow lawfully override constitutional rights and essentially place
380 citizens under house arrest in violation of constitutional provisions!

8
The following will also make clear that the Framers of the Constitution intended to have CIVIL
RIGHTS and LIBERTIES principles embedded in the Constitution;
QUOTE Mr. CLARK.-
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
390
QUOTE
Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?
395 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
400
I require you to immediately withdraw this claimed State of disaster and other restrictions so that
the LOCKDOWN is to an end and so other restrictions, including all and any border restrictions!
You claimed that you rely upon science, but I wonder if this is nothing more but “JUNCK
405 SCIENCE” as appears to me just considering the masks issue that requires a mask to be worn
where none to my knowledge exists against COVID-19.
.
In my view you are in violation of s44 of the Constitution as the States created within s106
“subject to this constitution” then State Members of Parliament also then must avoid any
410 conflicts as federal Members of Parliament are bound by. Any dealing with the Chinese
Government I view therefore may invalidate you being a Member of Parliament where this
places you under certain obligations, etc.
Yes vulnerable people are dying in nursing homes and hospitals but the question is what really is
415 causing their deaths? Terrorising the community to unconstitutionally restrict their movements to
me is totally unacceptable.
I do not accept that you can unilaterally be allowed to destroy the life work of many Victorians
by shutting down their businesses for an “invisible enemy”.
In my view the provision of “acquisition” regarding the commonwealth likewise must be deemed
420 to apply to the States and as such those who at no fault lost their businesses should be
appropriately compensated.

QUOTE
425 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.
END QUOTE
430
In my view the disaster is what you are about lacking proper leadership and may very well have
resulted either directly or indirectly to uncalled death.
“QUARANTINE” is Commonwealth legislative powers when it comes to “man-kind” infectious
diseases other than if a particular person if held to be infected and the State then can apply for the
435 court to issue orders appropriate in the circumstances. But, it must always be an impartial
Administration of justice the Letters patent published on 2 January 1901 provided for.

9
No such thing as incarcerating/imprisoning health persons without any court order.
As you may recall I in AEC v Schorel-Hlavka challenged the “compulsory” part of voting in
440 political elections and on 19 July 2006 succeeded in both appeals. Underlining that I have
succeeded in the past on constitutional issues.
I can assure you that I prefer to spend my limited time preferable with my wife however, if you
fail to act appropriately then I view there is no alternative but to litigate in the courts.
445 The article I referred to above

450 Indicates that up to 90.2% of claimed cases might be falsely claimed. In any event the details
relied upon indicates that there are more Influenza deaths then CODI-19 attributed deaths and no
LOCKDOWN and other restrictions (not that I seek to imply they are appropriate ) have been
applied regarding Influenza and “common cold” deaths.
As I understand it COVID-19 is a member of the coronaviruses that includes “common cold” and
455 “Influenza” and anyone who had immunization against a virus in the past may still show
antibodies and so falsely be deemed positive for COVID-19.
I understand that in
https://cairnsnews.org/2018/11/19/u-s-govt-loses-landmark-vaccine-lawsuit/?wref=tp
460 U.S. GOVT LOSES LANDMARK VACCINE LAWSUIT
It was exposed that no record exist of any safety checks having been made for the last 30 years as
to vaccinations issues.
Yet, I understand doctors in Australia continue to claim that vaccines are safe. Hence, where to
465 have allowed I understand “compulsory”/forced vaccination of people in care such as nursing
homes, etc, I request therefore of all relevant details you relied upon that indeed vaccinations
were checked for any adverse effects, etc.
I understand from:
470 https://www.abc.net.au/news/2020-08-02/victoria-coronavirus-state-of-disaster-explained/12516570
Victoria has enacted a state of disaster to enforce coronavirus restrictions. Here's what that means
QUOTE
During a year of disasters, it's now being enacted to respond to the coronavirus crisis, which Premier
Daniel Andrews said was "wildly infectious and absolutely dynamic".
475 "This is a public health bushfire, but you can't smell the smoke and you can't see the flames. This is
very different, it is a wicked enemy," he said.
END QUOTE
And
https://www.abc.net.au/news/2020-08-02/victoria-coronavirus-state-of-disaster-explained/12516570
480 Victoria has enacted a state of disaster to enforce coronavirus restrictions. Here's what that means
QUOTE
It also gives the Government the power to suspend other Acts of Parliament if it appears it "would
inhibit response to or recovery from the disaster".
END QUOTE
485
It is my view that regardless what the Victorian Parliament may have enacted there can be no
powers for a Government to suspend any Act of Parliament. So to say, the servant cannot
overrule the master. Neither do I accept that the parliament can be suspended during any
Declaration of Emergency/Disaster (without seeking to imply that such declaration has any
490 constitutional validity) as the Boris Johnson (PM of the UK - in the BREXIT issue) case proved
10
that even where Her majesty had signed to Prorogue the parliament it was held to be
unconstitutional as it would prevent the Parliament to have an oversight of the Government of
the Day.
Therefore there must be oversight by the parliament during the entire claimed declaration of
495 Emergency/Disaster.
Victoria has enacted a state of disaster to enforce coronavirus restrictions. Here's what that means QUOTE
Emergency Services Minister Lisa Neville said the state of disaster would put beyond doubt the powers
500 of police to enforce health directives and shut down protests
END QUOTE
And
Victoria has enacted a state of disaster to enforce coronavirus restrictions. Here's what that means QUOTE
505 During the COVID-19 pandemic, Ms Neville suggested it would enable police to prevent all protests or
move along crowds at settings like supermarkets if physical-distancing rules were not being followed.
END QUOTE
Neither do I accept that the Emergency Service Minister (whom ever it might be at the time) can
510 allow the police to shut down any protest.
The States within Section 106 of the Commonwealth of Australia Constitution Act 1900 (UK)
are created “subject to this constitution” and therefore all legal principles embedded in the
federal constitution are applicable to the States.
.
515 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
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
520 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.
END QUOTE
And
525 QUOTE
Mr. 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
530 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 themselves.
END QUOTE

535 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.
540 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;
QUOTE Mr. CLARK.-
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
11
550
QUOTE
Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?
555 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
560
It is therefore clear that an Emergency Service Minister cannot override the federal constitution
to shut down a protest.
.
QUOTE
But the Act doesn't allow the Minister to give the ADF additional enforcement powers.
END QUOTE
570 My past writings provided to you made it very clear that the ADF cannot in any manner enforce
State laws and indeed border closures by the states violate s117 of the constitution as well as s92
where it interferes with trade and commerce.
QUOTE
Mr Andrews said while states of disaster and emergency could operate independently, they worked
best together, and he had advice that conditions had been met to trigger them.
END QUOTE
580
As you refer to “advice” I therefore require you to provide me all relevant details of that advice.
.
I on 7 August 2020 wrote to Mr Clive Palmer that I am willing to substitute him in current legal
proceedings against WA and I would broaden the matter to include all State/Territories as well as
585 the Commonwealth on basis of it being a “public interest” matter.
It would therefore be essential that the requested details/documents/information, etc, is provided

to me so I can set out for the court why I view the restrictions were unjustified, a misuse of
power and violations of constitutional rights.
590
I make it clear that in any event since COVID-19 was made known in the media have done a
considerable research in posts, articles and videos and I understand:
Virologist made clear that COVID-19 is not infectious.

595 Pathologist made clear that there is a consensus amongst pathologist (Italy, France, Spain, etc)
that no one died from COVID-19 but died “with” COVID-19.
I understand that no one has actually been able to separate the alleged COVID-19 as it is all so to
say an illusion of the mind. Obviously, you relying upon medical experts will be able to provide
600 me with your evidence as to justify the claimed Emergency/Disaster.
I understand that after the “Stay at Home Directions (Restricted Areas) (No 4) - 22 July 2020”
was issued thereafter some days later it was announced that masks with ventilators are not to be
used, etc. To me this indicates that the directions were issued without proper research!

12
605 In my view, no mask exist in the entire world that has been manufactured to protect against any
infection of COVID-19. This doesn’t mean to imply I accept there is an infectious disease called
COVID-19!
In my view (apart of the question of legal validity) the Directions also failed to be appropriately
610 in the circumstances.
For example: My 87 year old wife was last year in hospital for Heart Failure and other
underlying medical issues and cannot drive a motor vehicle.
It appears that by the directions you issued only one person in a household can go shopping.
615 It means that if my wife wanted to go shopping to purchase certain items she would have to get a
taxi cab to drive her to and from the shopping centre but as she is limited to walk about 100
metres she would have problems to move about with a trolley. And even after shopping would
try to find a cab, load the cab and then somehow return the trolley to a trolley stand and than
walk back to the taxi. Obviously, the taxi will charge for the duration of this also. Effectively you
620 utter and sheer nonsense of directions would prevent me as her husband to drive her to the shops
as we are accustomed to do and you virtually imprison my wife in the last few years she may still
be able to live. And, that is your perception of the best for the community? When did you have a
brain scan, I wonder.
My wife, last year, discovered a likes for baking cakes after I commented after her first cake that
625 I actually like eating cakes. So at times she bakes one day after day.
But now with restrictions there appears to be a limit not only on purchasing certain items but
even as to the time a person could spend away from home. With her ability to move about and
needing to sit down from time to time to rest you have reportedly this draconic 1 hours limit.
Considering my wife may at times take 10 of 15 minutes just to get in or get out of the car then
630 this too is another absurdity. Again, did you ever have a brain scan?
.
I last Thursday went driving about from Viewbank, via Watsonia and Thomastown to Reservoir.
After that I went to Bundoora and then back to McDonalds in Thomastown and then got gas and
after that again to Reservoir. From there I went to Bunnings to purchase a O-ring for the kitchen
635 water tap, which needs to be done on the special orders desk, but I was refused not being a trady.
What an absurdity. Apparently your dictatorship for this. I view unconstitutional. Anyhow I then
went to the bank in Bundoora and after that I went shopping at Coles and then Aldi (which had
no eggs) and from there to Aldi in Lower Plenty as my wife needed eggs to bake further cakes. I
during the trip at no time wore any mask! A police car did stop right next to me in Reservoir but
640 at no time did the police stop me or question me about my doing. Then again, it is none of their
business as I am entitled to exercise my constitutional rights.
.
I did notice, even so I do generally never watch television, on a video someone direct me to that
the police had been smashing car windows and the Chief Commissioner of Police had something
645 to say about people claiming to be “sovereign citizens”. It appears to me that this Chief
Commissioner of Police needs an education on constitutional law. He may hold it derogative for
anyone to claim to be a “sovereign citizen” but reality is that any person residing in the
Commonwealth of Australia is a “sovereign citizen” because only the citizens when electors can
vote to amend a constitution. And where a “sovereign citizen” objects to a law that this
650 “sovereign citizen” hold is unconstitutional then as I proved in AEC v Schorel-Hlavka on 19 July
2006 succeeding in both appeals when representing myself, that indeed any legislation or better
to state purported legislation that violates the constitution will be when a “sovereign citizen”
object be ULTRA VIRES Ab Initio unless and until if ever at all a court of competent
jurisdiction declare it to be INTRA VIRES.
655 A “sovereign citizen” is compelled to comply with any law that is within constitutional
legislative powers.
13
For example, in Sydney Council v Commonwealth the High Court of Australia in 1904 declared
that council rates were a delegated State land tax power.
660 On 11 November 1910 the Commonwealth commenced to provide for the Land Tax Office (the
forerunner of the ATO) and by this it wiped out the State legislative powers to charge land
taxation and also municipal/shire councils no longer could apply the delegated land taxation
powers as “council rates”.
While this has been broadly ignored reality is that time will come to have this out before the
665 courts. After all on what legal basis is the State charging State land taxation where it has no such
legislative powers, let alone the municipal/shire councils have any such powers to charge the so
called “council rates”?
And, before you get carried away of having powers within the 1975 Constitution Act (Vic) let
670 me make it very clear there exist no such constitution. It is merely an Act of Parliament and by
the federation colonies gave up their sovereign powers to create and/or amend their constitutions.
And, do keep in mind that “Australian citizenship” is not, that is constitutionally, a nationality, as
it can only be obtained in one manner and that is when a person obtains “State citizenship” and
675 well I understand no State has any State Citizenship legislation to provide for this.
http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=ASSE
MBLY&speech=23716&activity=Second+Reading&title=SAFE+DRINKING+WATER+BILL&date1=7&date2=M
ay&date3=2003&query=true%0a%09and+%28+data+contains+'safe'%0a%09and+data+contains+'water'+%29
680 QUOTE
Mr ANDREWS (Mulgrave) - It is a pleasure to speak in support of the Safe Drinking Water Bill. This bill forms part of the
government's strategic approach to water management, with specific attention being paid to water quality and risk
management as matters of public health. It is worth noting that this is a debate about public health and about making sure
that each community across our state has access to the highest quality water. It is also worth noting that this bill has been
685 introduced by the Minister for Health as a matter of public health.
The bill has four specific objectives. Before going on to those I welcome the support shown by the Liberal and National
parties for this bill. Every endeavour has been made to try to provide as much information as possible.
END QUOTE
690 Yet, GWMWater so to say has thumped its nose upon this and does as it likes.
As I understand it by 2004 it had no provisions to supply “Safe Drinking Water” to many
regional area’s including Berriwillock (where I have a property). By 2005 it still didn’t have Safe
Drinking Water to Berriwillock. By 2006 it still didn’t have any Safe Drinking water to
Berriwillock and one may question then what on earth is going on where a water service provider
695 can so to say thump its nose upon legislative provisions? Then so GWMWater seems to claim it
obtained an exclusion in 2007 and which was since then allegedly extended til about 2018 that it
doesn’t have to provide Safe Drinking Water, albeit I understand this was obtained by deception.
.
As I understand it GWMWater obtained the 2007 exemption upon the basis that people may
700 mistakenly hold they were provided with Safe Drinking Water instead of “untreated water”.
Obviously, there can be no part of mistake by any consumer if the legislation provided that since
2004 they were entitled to Safe Drinking Water by the provisions of the Safe Drinking Water Act
2003. As such if the exemption was obtained by falsehood then the further extension remains
also without legal force.
705
And you have the gall to claim to act in the interest of the community when the crops are being
poisoned with untreated toxic water that then get into the food chain while those residing in parts
of the Mallee are denied “Safe Drinking Water”?
710 So, I contemplate to litigate in the courts about matters and obviously will require to pursue any
further evidence for the litigation both from you and from other persons. My rights under the
constitution cannot be denied to prepare for a litigation case.
14
I recommend that if you got an Emergency Minister who doesn’t seems to me to understand what
are State legislative powers and what not then you better get a more competent person in the job.
715 You may have blatantly ignored my past writings, that was your choice, but when it comes to
legal proceedings, as often opponents discovered, ignorance is no excuse.
In my view this entire fiasco regarding the hotel, the so claimed Emergency/Disaster could have
been avoided had there been proper leadership instead of “leadership missing in action”.
In my view, many a person may have died due to your gross incompetence and that I view is a
720 very serious matter. Have you ever bothered to ask those who advice you if they really knew
what they were parroting? Or did they so to say led you by the nose knowing you wouldn’t
bother to check and verify details.
In my view the police are acting like thugs to enforce your unconstitutional terrorism and that
must stop!
725 I in 2017 was asked to investigate the murder of Carl Williams and it appeared to me that the
Police concealed details that it may have actually set up his murder. Well in December 2018 a
former police officer smashed a new (private) fence I was building (within the boundary of my
property) and well he made clear the police wouldn’t even bother to investigate him. And, well
the police proved this to be so. This, even so I at the time provided all relevant details to the then
730 Chief Commissioner of Police. Is this the police we have to respect? For what?
Even if you decide not to cancel/withdraw the LOCKDOWNS and other unconstitutional
restrictions then I request within the provisions of the Freedom of Information Act to provide me
free of charge all and any relevant details/documents/information, etc, upon which you relied to
735 make the decisions that resulted in the LOCKDOWNS, restrictions, etc, including the “science”
you relied upon and the “science “ the health officials relied upon as to warrant the demand to
wear a mask, etc.
I would require those details/documents, information, etc, so that I can prepare relevant details to
institute legal proceedings against violations of my wife and mine constitutional rights.
740 I am a pensioner and so it would be appropriate for remission of any fees, in particular as this is a
matter of “PUBLIC INTEREST”.
You may perhaps come to the conclusion that it would be better to litigate matters as some test
case so that if there is/was any wrongdoing this can at least be addressed and not continue to go
745 on and on. Do not hesitate to contact me if you desire to seek some consensus as to best prepare
the case for litigation, as I am always open to suggestions, even if in the end I might have a
different end conclusion.
I in the above have not disclosed my pension number (as this document will be published for
750 others to read also) but that can always be provided if needed, albeit the Department should have
it already on its records.
We need to return to the organics and legal principles embed in of our federal constitution!
755 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. (Friends call me Gerrit)
MAY JUSTICE ALWAYS PREVAIL®

(Our name is our motto!)


20200808-G. H. Schorel-Hlavka O.W.B. To MR Daniel Andrews Premier of Victoria-FOI REQUEST

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1

Mr Daniel Andrews Premier 8-8-2020

p1 8-8-2020 © G. H. Schorel-Hlavka O.W.B.

92 Trade within the Commonwealth to be free

117 Rights of residents in States

I came across an article:

In which it was stated:

p3 8-8-2020 © G. H. Schorel-Hlavka O.W.B.

Obviously this is utter and sheer nonsense.

Hansard 8-3-1898 Constitution Convention Debates

Hansard 7-2-1898 Constitution Convention Debates

QUOTE Quick & Garran

p5 8-8-2020 © G. H. Schorel-Hlavka O.W.B.

HANSARD 9-2-1898 Constitution Convention Debates

You may also consider my correspondence “20200801-G. H. Schorel-Hlavka O.W.B. to

370 And they also made clear:

p7 8-8-2020 © G. H. Schorel-Hlavka O.W.B.

HANSARD 17-3-1898 Constitution Convention Debates

p8 8-8-2020 © G. H. Schorel-Hlavka O.W.B.

445 The article I referred to above

HANSARD 17-3-1898 Constitution Convention Debates

It would therefore be essential that the requested details/documents/information, etc, is provided

Virologist made clear that COVID-19 is not infectious.

p11 8-8-2020 © G. H. Schorel-Hlavka O.W.B.

Awaiting your response, G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL®

p14 8-8-2020 © G. H. Schorel-Hlavka O.W.B.

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