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Mr Daniel Andrews Premier 30-7-2020


daniel.andrews@parliament.vic.gov.au
5
Cc; PM Scott Morrison & ors

COMPLAINT Re VOCID-19 issues, etc (OPPOSITION TO WEAR A FACE MASK, ETC)-supplement 1

10 Sir,
While as a constitutionalist I pursue in peaceful manner that is to promote the true meaning
and application of the Commonwealth of Australia Constitution Act 1900 (UK) I am however
aware that there are belligerent politicians who will blame whomever for their gross
incompetence. It is of concern that reportedly there were 733 reported positive cases, but the
15 question is “Positive of what?”.
https://twitter.com/HollyWilhelm4
QUOTE
If you test positive
20 A positive test result shows you might have antibodies from an infection with the virus that causes COVID-
19. However, there is a chance a positive result means that you have antibodies from an infection with a virus
from the same family of viruses (called coronaviruses), such as the one that causes the common cold.
END QUOTE

25 If those doing the swabs used by persons who are not properly medically trained then they can in
fact cause more harm than good:
https://www.bbc.com/news/world-us-canada-52019509
Coronavirus: One case lays bare America's testing failure
30 QUOTE
Dr Bahorik gets a test, though getting the nasal sample makes her nose bleed, covering the swab with blood.
END QUOTE

https://www.nytimes.com/2007/01/22/health/22whoop.html
35 Faith in Quick Test Leads to Epidemic That Wasn’t
QUOTE
At Dartmouth, when the first suspect pertussis cases emerged and the P.C.R. test showed pertussis, doctors
believed it. The results seem completely consistent with the patients’ symptoms.
“That’s how the whole thing got started,” Dr. Kirkland said. Then the doctors decided to test people who did
40 not have severe coughing.
“Because we had cases we thought were pertussis and because we had vulnerable patients at the hospital, we
lowered our threshold,” she said. Anyone who had a cough got a P.C.R. test, and so did anyone with a runny
nose who worked with high-risk patients like infants.
“That’s how we ended up with 134 suspect cases,” Dr. Kirkland said. And that, she added, was why
45 1,445 health care workers ended up taking antibiotics and 4,524 health care workers at the hospital, or
72 percent of all the health care workers there, were immunized against whooping cough in a matter of
days.
“If we had stopped there, I think we all would have agreed that we had had an outbreak of pertussis
and that we had controlled it,” Dr. Kirkland said.
50 END QUOTE
And
https://www.nytimes.com/2007/01/22/health/22whoop.html
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Faith in Quick Test Leads to Epidemic That Wasn’t
QUOTE
55 The disease center did additional tests too, including molecular tests to look for features of the pertussis
bacteria. Its scientists also did additional P.C.R. tests on samples from 116 of the 134 people who were
thought to have whooping cough. Only one P.C.R. was positive, but other tests did not show that that person
was infected with pertussis bacteria. The disease center also interviewed patients in depth to see what their
symptoms were and how they evolved.
60 “It was going on for months,” Dr. Kirkland said. But in the end, the conclusion was clear: There was no
pertussis epidemic.
“We were all somewhat surprised,” Dr. Kirkland said, “and we were left in a very frustrating situation about
what to do when the next outbreak comes.”
END QUOTE
65
The mere fact that a person test positive to anti-bodies may merely mean that they were having a
“common cold” or “influenza” (flu) which is normal around the time of this year in Australia.
And it is well known that the vulnerable, in particularly those in nursing homes and hospitals
then may die because the “common cold”/”flu can accelerate their health problems. Moreover,
70 when they are vaccinated with a flu shot then their immune system I understand is weakened by
about 36%, and hence vaccination can be a main culprit to the earlier death of many.
https://www.msn.com/en-au/news/other/victorian-health-worker-mistakenly-told-she-tested-positive-for-
covid-19-throwing-surgical-clinic-into-disarray/ar-BB17gnW8?ocid=msedgdhp
75 Victorian health worker mistakenly told she tested positive for Covid-19, throwing surgical clinic into
disarray
.
One of my readers provided feedback (and I view correctly so) about Quick & Garran:
QUOTE
80 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
85 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

It must be clear that the use of police and also of ADF (Australian Defence Force) personal at
90 State borders is a violation of S92 & S117 of the Commonwealth of Australia Constitution Act
1900 (UK).
92 Trade within the Commonwealth to be free
On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether
by means of internal carriage or ocean navigation, shall be absolutely free.
95 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 Commonwealth, less any duty paid in respect of the
goods on their importation.
100
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

105 117 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 resident in
such other State.

110 While you and whomever may ascribe to a new COVID-19 religion it should be pointed out that
S116 provides for:
116 Commonwealth not to legislate in respect of religion

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The Commonwealth shall not make any law for establishing any religion, or for imposing any religious
observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a
115 qualification for any office or public trust under the Commonwealth.

Hansard 2-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention)
QUOTE Mr. BARTON
120 We have abolished state religion in all these colonies; we have wiped out every religious test, and we
propose now to establish a Government and a Parliament which will be at least as enlightened as the
Governments and Parliaments which prevail in various states; therefore, what is the practical fear against
which we are fighting? That is the difficulty I have in relation to this proposed clause. If I thought there was
any-the least-probability or possibility, taking into consideration the advancement of liberal and tolerant ideas
125 that is constantly going on of any of these various communities utterly and entirely retracing its steps, I might
be with the honorable member. If we, in these communities in which we live, have no right whatever to
anticipate a return of methods which were practised under a different state or Constitution, under a less liberal
measure of progress and advancement; if, as this progress goes on, the rights of citizenship are more
respected; if the divorce between Church and State becomes more pronounced; if we have no fear of a
130 recurrence of either the ideas or the methods of former days with respect to these colonies, then I do suggest
that in framing a Constitution for the Commonwealth of Australia, which we expect to make at least as
enlightened, and which we expect to be administered with as much intellectuality as any of the other
Constitutions, we are not going to entertain fears in respect of the Commonwealth which we will not attempt
to entertain with respect to any one of the states.
135 END QUOTE

It is therefore clear that the States created within S106 of this constitution “subject to this
constitution” are therefore bound by the legal principles embedded in this constitution. No state
so called “COVID-19” religion can be enforced.
140 .
106 Saving of Constitutions
The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the
establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be,
until altered in accordance with the Constitution of the State.
145
However, I recognise that every person being citizen, politician/judicial officer may have
personal beliefs and they are entitled upon this as long as they do not interfere/undermine the
constitutional rights of others. After all no one claim his/her constitutional rights contrary to the
constitutional rights of others.
150 .
HANSARD 17-3-1898 Constitution Convention Debates
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
155 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
HANSARD 17-3-1898 Constitution Convention Debates
160 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
165 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
I instead of quoting extensively all relevant details in this correspondence urge you to download
and read the following document that includes references to numerous other writings I provided
170 in the past to politicians about the various issues regarding what is referred to as COVID-19 and
other related issues.
.

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This document is very broad on subjects but many may without doubt value what I present. In
particular the danger of wearing a mask both for the employees, customers and visitors. Let is work
175 together to stop the rot of lockdowns, etc.

This document can be downloaded from:


https://www.scribd.com/document/470667298/20200728-Mr-G-H-Schorel-Hlavka-O-W-B-to-COVID-19-
Hotel-Quarantine-Inquiry-Victoria-Supplement-2
180
In my view the current lockdowns and demand on using face mask are not at all based on proper
“science” but rather on what i view to be “junk science”, but again if that is your kind of religion
then you are entitled upon it, as anyone else is, but do not seek to enforce it in violation to
citizens constitutional rights.
185 .
Hansard 7-2-1898 Constitution Convention Debates
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
190 quarantine as referring to diseases among man-kind.
END QUOTE

Because of people arriving by boat or plane might be infected and/or interstate travellers both
actually falling under Commonwealth legislative powers of “QUARANTINE” then the States
195 cannot legislate in that regard. When it comes to a person who medically has been determine to
be infected with a disease then the relevant State Government can petition a Court to order the
particular person with an infectious disease to be placed in “quarantine” to PROTECT others
from being infected. However, one cannot unilaterally without the sanction of a court order,
regardless what legislation may purport to authorise doing so, place everyone in quarantine and
200 in the process may in fact cause a greater harm to the community as well as to the economy. As
in S106 the States are “subject to this constitution” then I view then the “adverse acquisition”
to those harmed is applicable.

(xxxi) the acquisition of property on just terms from any State or person for any purpose in respect
205 of which the Parliament has power to make laws;
Hansard 1-3-1898 Constitution Convention Debates
QUOTE Sir JOHN DOWNER.-
I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond
210 the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say
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
215
QUOTE Padfield v Minister of Agriculture & Fisheries and Food (1968) AC 997 (1968) 1 ALL ER 694 House
of Lords - Lord Upjohn and Lord Hodson Upjohn:
Here let it be said at once, he and his advisers have obviously given a bona fide and painstaking
consideration to the complaints addressed to him; the question is whether the consideration was sufficient
220 in law.
END QUOTE

Hansard 8-3-1898 Constitution Convention Debates


QUOTE
225 Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid.
END QUOTE

Hansard 1-3-1898 Constitution Convention Debates


QUOTE
230 Mr. GORDON.-Well, I think not. I am sure that if the honorable member applies his mind to the subject he
will see it is not abstruse. If a statute of either the Federal or the states Parliament be taken into court
the court is bound to give an interpretation according to the strict hyper-refinements of the law. It may

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be a good law passed by "the sovereign will of the people," although that latter phrase is a common one which
I do not care much about. The court may say-"It is a good law, but as it technically infringes on the
235 Constitution we will have to wipe it out." As I have said, the proposal I support retains some remnant of
parliamentary sovereignty, leaving it to the will of Parliament on either side to attack each other's laws.
END QUOTE

Regardless if you or anyone else such as the doctor issuing “Stay at Home Directions (Restricted
240 Areas) (No 4) - 22 July 2020” and other such directions/orders it cannot and neither does
override any citizens constitutional rights. In view that I in the past extensively wrote to all
Federal/State/Territory politicians then while i recognise their right to not read it nevertheless it
cannot remove their responsibility and liability when acting in defiance of a citizens
constitutional rights.
245
https://www.msn.com/en-au/news/australia/medical-prescriptions-could-soon-be-delivered-to-your-door/ar-
BB17jRLb?ocid=msedgdhp
Medical prescriptions could soon be delivered to your door

250 My wife having been not long ago as a Hearth Failure patient (and other underlying health
issues) for 10 days in hospital (including ICU) now with telehealth (teleconsultation) found that
the pharmacist made clear that he is not allowed to issue medications merely on a facsimile but
requires an original prescription. It took about 4 weeks before the pharmacist finally received the
original prescription from the (hospital) specialist. I recognise that no pharmacist can lawfully
255 issue prescription medications on a copy, as it would enable a person to use it multiple times with
different pharmacies and undermine the avoidance of misuse of medications for ulterior or other
issues. However, On 6 July 2020 I requested for a repeat prescription for cream for my leg and
well despite a repeat written request I have still not had any response. I today have also requested
a medical certificate for not needing to wear a facemask (albeit it doesn.t mean I accept the legal
260 validity of the demand to wear a facemask) but merely for technical reasons to seek to minimise
and avoid conflicts. However, I recognise that as with other matters this can result in many
weeks of delays. While much is claimed about telehealth (teleconsultation) a fact is that, I have a
severe hearing disability (for more than 35 years – as such not recent issue) and rely mainly on
written communication. Hence, telehealth (teleconsultation) is utterly useless to me. Indeed the
265 danger of using oral phone communication is that misconceptions can eventuate and then
incorrect medication could be prescribed, etc.
https://www.nytimes.com/2007/01/22/health/22whoop.html
Faith in Quick Test Leads to Epidemic That Wasn’t
270 QUOTE
“That’s how we ended up with 134 suspect cases,” Dr. Kirkland said. And that, she added, was why 1,445
health care workers ended up taking antibiotics and 4,524 health care workers at the hospital, or 72 percent of
all the health care workers there, were immunized against whooping cough in a matter of days.
END QUOTE
275 This is what the result was when there is some hysterical/illusional/delusional reaction about an
Epidemic that never was. People immunised against something that more than likely caused
harm to them and also taking of antibiotics that is harmful to the person doing so without a
proper medical justification.
280 https://www.msn.com/en-au/news/world/states-can-restrict-protests-on-public-health-grounds-u-n-says/ar-
BB17k0i7?ocid=msedgdhp
States can restrict protests on public health grounds, U.N. says
While the U.N can make whatever claim it likes in the end it has absolutely no legal bearing as
no one can override our constitution and certainly not the U.N. Only We, the People can veto or
285 approve a proposed alteration to a constitution!
https://www.msn.com/en-au/news/australia/do-you-have-a-right-to-not-wear-a-mask/ar-BB17eWdk?ocid=msedgdhp
Do you have a right to not wear a mask?
QUOTE

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290 At the outset of the pandemic, the government declared a state of emergency. It invoked section 198 of the
Public Health and Wellbeing Act 2008 and conferred on Chief Health Officer Professor Brett Sutton
emergency powers to make directions to prevent the spread of COVID-19 as he or his delegates saw fit. The
powers, still in effect, are broad and include restrictions on movement and, now, compulsory masks in public.
END QUOTE
295
https://www.msn.com/en-au/news/australia/victorians-warned-breathing-valves-masks-are-
insufficient-protection/ar-BB17dReY?ocid=msedgdhp
Victorians warned breathing valves masks are insufficient protection

300 How absurd to mandate mask that turn out to be useless? “JUNK SCIENCE” at work!
Farce mask: it's safe for only 20 minutes
QUOTE
"Those masks are only effective so long as they are dry," said Professor Yvonne Cossart of the Department
305 of Infectious Diseases at the University of Sydney.
"As soon as they become saturated with the moisture in your breath they stop doing their job and pass on the
droplets."
Professor Cossart said that could take as little as 15 or 20 minutes, after which the mask would need to be
changed. But those warnings haven't stopped people snapping up the masks, with retailers reporting they are
310 having trouble keeping up with demand.
END QUOTE

https://www.rumormillnews.com/cgi-bin/forum.cgi?read=151450
Bill Mitchell tweet: I keep hearing, "If masks cause oxygen deprivation, how can nurses and doctors
315 wear them all day?"

https://www.msn.com/en-au/news/australia/authoritarianism-meets-ignorance-over-mandatory-melbourne-
face-mask-policy/ar-BB17krgV?ocid=msedgdhp
'Authoritarianism meets ignorance' over mandatory Melbourne face mask policy
320
https://www.abc.net.au/4corners/who-cares/10258290
A special two-part investigation of the failings in aged care. (That is the real issue to address!)

I can unrestricted travel to and engage in postal business with Australia Post, regardless if it
325 is a private operator conducting it on private property, as (federal) constitutional rights cannot be
thwarted by some State law, regulation, law, order. In any event, within the provisions of “Stay
at Home Directions (Restricted Areas) (No 4) - 22 July 2020” part 2(7) Face covering
requirement (p) “doing so is not safe in the circumstance”.
There is ample of literature I have referred to in my writings (see above link) and even using a
330 facemask while driving can be dangerous and may cause the driver to end up in an accident
becoming unwell using a facemask. Likewise, employees, in particular fork lift drivers would
end up in accidents and may event to deadly accidents.
I urge you to ensure immediately and without undue delay ensure that all and any person
currently engage about the travelling limitations, face covering, etc, are appropriately
335 advised not to act in violation of any constitutional rights and that police/ADF (for so far
assisting a State Government) are not to do so either.
Let “common sense” prevail. (See Sweden, Taiwan, etc, results, without lockdowns!)

We need to return to the organics and legal principles embed in of our federal constitution!
340
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®


345 (Our name is our motto!)
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