Julia Gillard, Prime Minister C/o Nicola.Roxon.MP@aph.gov.

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1-1-2012

Cc: Mr Ted Baillieu, Premier ted.baillieu@parliament.vic.gov.au

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. Ref; HA DS OF STATE EDUCATIO SYSTEM Julia, one of the reasons civil unrest, civil war, etc surface is where a Government itself shows a disregard for the rule of law. For this it is essential that any government provides a clear and proper example to act within the legal provisions of the constitution and not in spite of it, as after all it is the constitution that provides for the very right of any government to exist. As a constitutionalist I request that you ensure that the Federal Government, as intended by the Framers of the Constitution, refrains from interfering with what is a State internal power and that where it comes to funding of education the commonwealth does so in an equal manner regardless if a school is a State funded entity as a public school, a private school religious or otherwise provided that no funding is being used for religious purposes. I understand from media reports that you have made known to demand that State schools are to be self-governing schools as like private school, and I wish to remind you to the fact that there is no constitutional power for the Commonwealth to interfere with the State education system. The Commonwealth of Australia was created as a POLITICAL U IO within which the colonies became States and not mere (as like in Canada) mere province.
http://www.austlii.edu.au/cgibin/disp.pl/au/cases/cth/high_ct/1999/27.html?query=%22thi+act+and+all+law+made+by+the+parliament%22#fn50 QUOTE Constitutional interpretation The starting point for a principled interpretation of the Constitution is the search for the intention of its makers[51]. END QUOTE
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Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. WISE.-If the Federal Parliament chose to legislate upon, say, the education question-and the Constitution gives it no power to legislate in regard to that question-the Ministers for the time being in each state might say-"We are favorable to this law, because we shall get 100,000 a year, or so much a year, from the Federal Government as a subsidy for our schools," and thus they might wink at a violation of the Constitution, while no one could complain. If this is to be allowed, why should we have these elaborate provisions for the amendment of the Constitution? Why should we not say that the Constitution may be amended in any way that the Ministries of the several colonies may unanimously agree? Why have this provision for a referendum? Why consult the people at all? Why not leave this matter to the Ministers of the day? But the proposal has a more serious aspect, and for that reason only I will ask permission to occupy a few minutes in discussing it. END QUOTE
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I recommend you leave the State education system alone and address rather the issue that more then 7,000 young invalids are using age care facilities where you failed to provide appropriate care facilities for them and this in turn caused more then 7,000 age care needed person to occupy hospital beds awaiting a age care bed to become available and by this the sick are denied some 7,000 hospital beds! Surely you would do better to address your constitutional responsibilities rather then to amount an unconstitutional attack and a gross encroachment upon State rights? Whatever may or may not be the ills in a State education system I view they are none of your business and if you desire so much to address them well you can always stand as a candidate in a State election and then take it from there but until then do show due and proper respect to State sovereign rights as we have for this out State government to deal with those issues.
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Awaiting your response,

G. H. Schorel-Hlavka O.W.B.

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