ISSUE: 20171114- (2) Re: A special joint parliamentarian investigation is needed as to citizenship saga, etc & the constitution

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

Forget about the JSCEM as in the past I found my submissions to be a waste of time and effort.
We need a special investigation to deal with the citizenship saga. Australia has become the
laughing stock of the world that it lacks competence to understand/comprehend its own
constitution where lawmakers are ousted from the Parliament allegedly for their gross
incompetence to understand the constitution they are subjected to.
If politicians were crooks to wrongfully occupy seats in the Parliament then like any other law
breaker they must be held legally accountable and be prohibited ever again to hold a government
job as well as having to repay the ill obtained monies. However, if their ousting was not because
of the true meaning and application of the constitution but due to misconceptions/
misinterpretations, etc, then we owe it to them to sort out the rot.
QUOTE 14-11-2017 correspondence to the President and the Speaker
President Senator Scott Ryan & Speaker Mr Tony Smith 14-11-2017
senator.ryan@aph.gov.au Tony.Smith.MP@aph.gov.au

Cc: Senator George Brandis Attorney-General senator.brandis@aph.gov.au

AND TO WHOM IT MAY CONCERN

Sirs,
I urge you to refuse any resignation of any person to terminate being a member of parliament
unless and until the citizenship sage is appropriately litigated and avoid needless resignations.
On 4 December 2002 the Magistrates Court of Victoria (by consent) in AEC v Schorel-Hlavka
ordered that the S78B NOTICE OF CONSTITUTIONAL MATTERS be dealt with by the
High Court of Australia. This notice included:
QUOTE
NOTICE OF CONSTITUTIONAL MATTER

1. The Defendant GERRIT HENDRIK SCHOREL-HLAVKA gives notice that the

proceedings involves a matter arising under the constitution or involving its interpretation
within the meaning of section 78B of the judiciary Act 1903.
END QUOTE
And
QUOTE
37. That I seek this Court to adjourn these proceedings and to place before the HIGH COURT OF
AUSTRALIA a CASE STATED as to have the High Court of Australia to first determine the following
matters;

(i) Can a person obtain Australian citizenship without first obtaining State citizenship (Quasi
States being Territories included)? If so, then by which constitutional valid manner?

(ii) Does the Commonwealth have constitutional powers to define citizenship? If so;
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 (a) under which provision? And
(b) in regard of aliens and immigrants; or
(c) in regard to any person within (b), as well as and including those born within Australia?

(iii) Does the Commonwealth have constitutional powers to declare and/or grant citizenship? If so,
(d) under which provision? And
(e) in regard of aliens and immigrants; or
(f) in regard to any person within (b), as well as and including those born within Australia?

(iv) Does the Commonwealth have the constitutional powers to determine the rights of a resident in a
State to obtain citizenship of such State? If so, by which constitutional powers?
END QUOTE

Earlier today I published ISSUE: 20171114- Re: Why Jackie Lambie should not resign, etc & the constitution
and I urge you both to consider its content and understand/comprehend that every person is on a
so to say slippery sloped and you both by this also to be a Member of Parliament if this nonsense
about citizenship continues.
It ought to be clear that had the High Court of Australia heard and determined the s78B
NOTICE OF CONSTITUTIONAL MATTERS as provided for by court order of 4 December
2002 (by consent) in AEC v Schorel-Hlavka then the current spade of persons losing their
parliamentarian positions may likely never have eventuated.
What is needed is real leadership, that the citizenship issue is appropriately dealt with before any
other person is ousted (by resignation or otherwise) from the Parliament. After all your own
validity is in question.
My 20170817-PRESS RELEASE Mr G. H. Schorel-Hlavka O.W.B. ISSUE - Re The 2
faces of the High Court of Australia, etc & the constitution did set out matters also.
My correspondence 20170817-G. H. Schorel-Hlavka O.W.B. Registrar High Court of
australia was included in 20170817(2)-PRESS RELEASE Mr G. H. Schorel-Hlavka
O.W.B. ISSUE - Re The 78B NOTICE before Commonwealth v Barnaby Joyce, etc & the
constitution also.
Every Member of Parliament could have known about my writings if they had bothered to read
and consider it.
The Framers of the Constitution made clear that the qualification of a person to be a Member of
Parliament did rest not with the Court of Disputed Returns but with the relevant House of
Parliament itself.
In my view there should be a joint investigation by both Houses of Parliament as to the issue of
citizenship and why the Commonwealth failed to comply with the 4 December 2002 order and
why the Attorney-General didnt use this either in recent proceedings as well as the Registrar of
the High Court of Australia failing to address this issue.
So to say both of you could be soon out of a job going by how like dominos people are so to say
kicked out of Parliament (by resignation or otherwise) and this undermines any responsible
government to be provided to the general community.
.
Because the legal status of the judges themselves are in question, as I pointed out way back in
2002, the matter should be heard and determined by the Privy Council.
While I understood the Attorney-General in the Barnaby Joyce (in the case of 7) claimed that the
commonwealth would pay all cost, despite of this it failed to include my s78B NOTICE OF
CONSTITUTIONAL MATTERS by this. Why so?
Let it be clear that further to the 4 December 2002 orders on 19 July 2006 I successfully appealed
to cases in AEC v Schorel-Hlavka that compulsory voting was unconstitutional and this
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obviously was not a minor issue where the commonwealth noir any Attorney-General served
with the s78B NOTICE OF CONSTITUTIONAL MATTER challenged my numerous written
submissions whatsoever.

The general community is rightfully appalled that we have those legislating who seemingly
cannot even manage their own legal positions.

Hansard 6-4-1897 Constitution convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Mr. DEAKIN:
In the first instance, the power of the Crown itself is nowhere defined, and cannot be defined under this
constitution.
END QUOTE

It therefore was beyond the judicial powers of the High Court of Australia to make any ruling
violating the true meaning and application of the constitution. In my view it was nothing less
than TREASON by the High Court of Australia to pretend otherwise then what is
constitutionally applicable.
Hansard 2-2-1898 Constitution Convention Debates
QUOTE Mr. DEAKIN (Victoria).-
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

The terms Australian citizen, Australian citizens , Australian citizenship,

Commonwealth citizens, federal citizen, citizen of the Commonwealth were used ongoing
by the Framers of the Constitution, as shown below, and as such were terms not as to
nationality but in regard of citizenship as being a resident in the colonies (now States) and the
Commonwealth of Australia. Therefore any constitutionalist, as I am, is or should be aware that
the term Australian citizenship cannot be held to relate to nationality. Neither that there can be
an Australian nationality merely because some judges happen to desire to make such a
declaration as the proper powers to legislate for this is to follow the procedures within Section
128 of the Constitution.

THERE CAN B E ABSOLUTELY NO DOUBT THAT THE ISSUE OF CITIZENSHIP

WAS PART OFMY SUCCESSFUL APPEALS!
ADDRESS TO THE COURT, Part 2
County Court of Victoria, Case numbers T01567737 & Q10897630
QUOTE
13-02-1890 Re; Australian citizen
13-03-1891 Re; Australian citizens
25-03-1897 Re; Australian citizens
Re; dual citizenship
26-03-1897 Re; citizen of the Commonwealth
29-03-1897 Re; Dual citizenship
30-03-1897 Re; federal citizen
Re; dual citizenship
31-03-1891 Re; Australian citizen
Re; citizen of the Commonwealth
Re; dual citizenship
12-04-1897 Re; citizen of the Commonwealth
14-04-1897 Re; citizen of the Commonwealth
15-04-1897 Re; Dual citizenship
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 15-09-1897 Re; citizen of the Commonwealth
Re; Commonwealth citizenship
Re; dual citizenship
17-09-1897 Re; citizen of the Commonwealth
24-01-1898 Re; Australian citizen
28-01-1898 Re; Australian citizenship
Re; Commonwealth citizens
04-02-1898 Re; citizen of the Commonwealth
08-02-1898 Re; Australian citizenship
Re; Commonwealth citizenship
Re; citizen of the Commonwealth
Re; federal citizenship
Re; dual citizenship
15-02-1898 Re; citizen of the Commonwealth
23-02-1898 Re; citizen of the Commonwealth
24-03-1898 Re; citizen of the Commonwealth
01-03-1898 Re; Australian citizens
Re; citizen of the Commonwealth
02-03-1898 Re; citizen of the Commonwealth
Re; federal citizenship
Re; Commonwealth citizenship
Re; dual citizenship
03-03-1898 Re; citizen of the Commonwealth
Re; federal citizenship
Re; Commonwealth citizenship
04-03-1898 Re; citizen of the Commonwealth
10-03-1898 Re; Australian citizenship
END QUOTE
You both as like others can ignore my writings or finally say enough is enough and no
resignation or otherwise any person is ousted as result of the citizenship issue unless there first
has been a joint special investigation regarding the citizenship issue and what it
constitutionally stands for.
My written submissions to the court in support of the successful appeals can be provided to such
joint investigation to establish what was actually before the court on 2006.
In law I am entitled to the benefits of the 4 December 2002 orders as well as the benefits of the
successful appeals of 19 July 2006 and any person being a Member of Parliament or not is
entitled to rely upon those decisions also.
As I view it that where in law I formally objected to the constitutional validity of the purported
Australian Citizenship Act 1948 then unless and until if ever at all a court pronounces against it
the Act remains to be ULTRA VIRES. This in itself is a very serious matter. It questions the
validity of naturalizations ab initio since the purported commencement of the legislation.
The mere fact that I defeated the validity of compulsory voting itself ought to be noteworthy! As
I have also set out in past writings the Commonwealth has no constitutional position to
define/declare who can be an elector beyond what is provided in s41 of the constitution which
confines the rights of State electors being an adult (as determined by the Commonwealth). The
Commonwealth has no constitutional right to have its own electoral roll!
Keep in mind that the commonwealth having consented to the 4 December 2002 orders clearly
held that was an issue to be litigated. Well, why was it not proceeded with that could have
avoided the current citizenship saga?
Keep in mind that to ignore my writings and perhaps soon you might no longer be in any
position to investigate being also ousted by the citizenship nonsense now pursued.
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This document is not intended and neither must be perceived to refer to all details/issues.
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
MAY JUSTICE ALWAYS PREVAIL (Our name is our motto!)
END QUOTE 14-11-2017 correspondence to the President and the Speaker
If just (former) Members of Parliament had bothered to read and consider my past writings then
many since ousted may never have been.

I might rely upon my self-professed crummy-English but at least I have proven to

understand/comprehend the constitution better than all the politicians in the Parliament combined
and have court judgments to prove it.

Time is up and lets sort it out before a further avalanche of persons are one way or another
wrongly booted from the Parliament.

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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