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Her Excellency Ms Quentin Bryce AC Governor-General 5 Email governor-general@gg.gov.au Cc; Julia Gillard PM R.McClelland.MP@aph.gov.au Tony Abbott Tony.Abbott.MP@aph.gov.

au
Mr G. H. Schorel-Hlavka, MAY JUSTICE ALWAYS PREVAIL Email: mayJUSTICEalwaysPREVAIL@schorel-hlavka.com
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18-11-2011

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Ref: 111018 Quentin Bryce Governor-General & others

Sir/Madam, there are some very serious issues canvassed in this correspondence including what I consider to be unconstitutional payments to judges, Members of Parliament, etc. 15 This correspondence will also be published by me, so as to alert the general community about the content of this correspondence. As a self-educated CO STITUTIO ALIST I pursue the true meaning and application of the constitution as was the intentions of the Framers of the Constitution and for this direct myself to you that in my view, as set out below, not a single Member of Parliament is constitutionally now actually a Member of Parliament because of the provisions of s44 of the constitution.
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Commonwealth of Australia Constitution Act 1900 (UK)


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2 Governor-General
A Governor-General appointed by the Queen shall be Her Majestys representative in the Commonwealth, and shall have and may exercise in the Commonwealth during the Queens pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him.
END QUOTE

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For all purposes and intend the Governor-General must obey the provisions of the constitution and cannot exempt any Member of parliament and/or Minister of State from compliance and as such where any Member of Parliament, Minister or judicial officer is in receipt of monies not specifically determined by the parliament then all such payments are outside constitutional provisions and by this nullify every persons position. Effectively this means that the Governor-General no longer had any advisors (Minister of State) where they all by s44 have been excluded from holding a seat in the Parliament, and judicial officers likewise no longer can hold their positions at the bench for taking monies not permitted by s72 of the constitution. Obviously the Governor-Generals own position is also in question as the Constitution specifically prohibits the Governor-General to received any payments from the Commonwealth, as all and any payments must be to the British Crown (the Queen) and the Queen decides what payments then are made to the Governor-General and in fact if Her majesty may appoint the Governor-General for another position in another country, being it Canada, New Zealand or where else and so no pension is payable for this also. In fact as the Framers of the Constitution
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made clear that if the Governor-General was to leave the jurisdiction of the Commonwealth then a person is to act in stead as acting Governor-General and be paid out of the pocket of the Governor-General as only one person can be paid by the Crown to be Governor-General or acting in that position!
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3 Salary of Governor-General 10
There shall be payable to the Queen out of the Consolidated Revenue fund of the Commonwealth, for the salary of the Governor-General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. The salary of a Governor-General shall not be altered during his continuance in office.
END QUOTE QUOTE

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4 Provisions relating to Governor-General 20


The provisions of this Constitution relating to the Governor-General extend and apply to the Governor-General for the time being, or such person as the Queen may appoint to administer the Government of the Commonwealth; but no such person shall be entitled to receive any salary from the Commonwealth in respect of any other office during his administration of the Government of the Commonwealth.
END QUOTE

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As such any payments directly from Consolidated Revenue Funds to the Governor-General would be unconstitutional and as such would nullify the position of the Governor-General as to be in office. 30
Hansard 3-4-1891 Constitution Convention Debates (Official Record of the Debates of the ational Australasian Convention) QUOTE Sir SAMUEL GRIFFITH: It applies only to pensions during pleasure. The object is to prevent persons who are dependent for their livelihood upon the government, and who are amenable to its influence, from being members of the legislature. There is no reason that I can see why a man who has served his country, and to whom a permanent pension has been allowed, should not be permitted to sit in the legislature. But a "pension during pleasure" might be given; and the holder of such a pension should certainly not be allowed to become a member of parliament. END QUOTE

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What we have however is that s44 specifically excludes any person to be a Member of Parliament when receiving a salary from the Commonwealth and hence the provisions are for Members of Parliament to receive an allowance which is to compensate them for the loss of income of their ordinary daily income in private employment. As the Framers of the Constitution made clear that any person being a Member of Parliament would ordinary be at a financial loss to be a Member of Parliament w. Well, we wonder then why Members of Parliament via the Remuneration Tribunal then are awarded huge pay packets? More over the Remuneration Tribunal function, even if the court were to seek to twist the meaning of the salary to be an allowance then still the lack of any control by the Parliament (abolished in June) means that the power is not constitutionally valid even if it was deemed that the Remuneration Tribunal really isnt setting salaries but mere allowances. What however is critical to the constitution is that as the Sturgeon-v-Los-Angeles provides;ultimately the parliament is required by the constitution to set the payments and failing to do so any and all such payments made fall outside the provisions of the constitution!
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http://au.news.yahoo.com/a/-/latest/10381977/politicians-pay-could-hit-250-000/
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Politicians' pay could hit $250,000


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AAP October 1, 2011, 4:53 pm


END QUOTE QUOTE Legislation passed in June allowed the tribunal free reign to set the base pay of politicians. Previously, the government was able to reject tribunal recommendations about pay increases. END QUOTE
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18028622-Sturgeon-v-Los-Angeles-Ruling- that provides that allowances are part of a judge salary. (10-10-2008) Then at point 10; 15
QUOTE However, these defects are relative minor compared with the absence in Lockeyer-Isenberg of any standard of inherent safeguard by which future increases or decreases in judicial benefits would be regulated. The fact the county itself has elected to tie its benefits to the benefits it provides other salaried employed is not a substitute for a legislative mandate that it do so. END QUOTE
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This means that when we consider the provisions of the constitution then the failure by the Parliament to supervise/determine the payments to members of the Judiciary (s72) to the allowance to Members of Parliament (s48) and the salary to Ministers (s 66 ) then all and any payments are not in their respective functions constitutionally permissible.
Commonwealth of Australia Constitution Act 1900 (UK) QUOTE

48 Allowance to members 30
Until the Parliament otherwise provides, each senator and each member of the House of Representatives shall receive an allowance of four hundred pounds a year, to be reckoned from the day on which he takes his seat. END QUOTE And QUOTE

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66 Salaries of Ministers
There shall be payable to the Queen, out of the Consolidated Revenue Fund of the Commonwealth, for the salaries of the Ministers of State, an annual sum which, until the Parliament otherwise provides, shall not exceed twelve thousand pounds a year. END QUOTE And QUOTE

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72 Judges appointment, tenure, and remuneration 45


The Justices of the High Court and of the other courts created by the Parliament: (i) shall be appointed by the Governor-General in Council; (ii) shall not be removed except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity; (iii) shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office. END QUOTE
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It appears to me that therefore not a single federal judge, Member of Parliament and/or Minister of State is as is constitutionally required their respective payment but rather receives a salary as
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determined by the Remuneration Tribunal which would be invalidating sitting in their respective offices because of the failure of the Parliament to supervise the salary or other payment, regardless if it were to agree with any recommendation the Remuneration Tribunal were to make, they all by this are in breach of constitutional limitations because they all effectively are in breach of s44. It means that by the judiciary, and all Members of Parliament accepting and having accepted payments of a salary without the supervision of the Parliament then they all are technically no longer lawfully in their respective positions but I view are impostors.
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EITHER WE HAVE A CO STITUTIO OR WE DO T!


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Meaning that if we have judges, Members of Parliament and Ministers all seeking to lay claim upon the constitution that provides for their respective positions then they all better wake up to reality that as I view it none are legitimately in their respective positions because of the unsupervised payments to them. The fact that Members of Parliament by not being re-elected can have a reported $30,000 severance pay also implies they are employed by the Commonwealth and as such in breach of s.44 sitting in the Federal Parliament. The same with where they are receiving a superannuation as this belongs to a salary and not to an allowance because an allowance is to include it all! The Framers of the Constitution made clear that any person sitting in the Federal Parliament would be more then likely out of pocket because of the lose of income from his ordinary employment. As such, the Framers of the Constitution never held that a Member of Parliament would be employed by the Commonwealth or receive some kind of salary. And as to Ministers they are neither employed with the Commonwealth because their pay is to be from the British Crown as the constitution dictates that it shall be payable from Consolidated Revenue Funds to the Crown. It is for the Monarch to decide what payments, including any superannuation, is to be paid to the Ministers (advisors to the Governor-General) Her Majesty may very well transfer a Minister to another area to serve her there and why on earth should then a pension be payable? Likewise those former Members of Parliament and their families using Gold Card and other benefits this is all unconstitutional because the Framers of the Constitution made clear that only while in office holding a seat in the parliament can a person be paid and this also was the issue why with Senators their pay finish when the next Senator takes over the seat as the Framers of the Constitution made clear that one couldnt pay an Senator-elect because one could only pay one person. Well, check the expenditure of the Consolidated Revenue Funds and you find all kinds of payments to Members-elect without actually holding a seat in the Parliament. As such, my writing is not just to have a so to say dig on the judiciary but rather exposes what I deem to be the corrupt practices by so many.
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As set out above the Governor-General is bound to act within the confines of the constitution and cannot so to say cherry pick what is or is not going to be complied with. In view of that the Federal Parliament since June 2011 no longer has in accordance with the constitution set the payments for the respective positions then I view each and every payment was unconstitutional and as in the Authority it then invalidate the positions of the relevant persons.
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In the past I have recommended an OFFICE-OF-THE-GUARDIA (Dont forget the hyphens!), a constitutional council that advises the Government, the People, the Parliament and the Courts as to the true meaning and application of the constitution but regretfully this was ignored.
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We now have that lawyers pretending to be constitutional lawyers are giving advise unaware what really is constitutionally permissible as otherwise this elaborate constitutional crisis would
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never have eventuated. It also underlines that the advise of the Attorney-General to the Governor-General to give royal assent for the amendment of the legislation to do away with the parliaments supervision of the Remunerations Tribunal was constitutionally incorrect. 5
Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. ISAACS.We want a people's Constitution, not a lawyers' Constitution. END QUOTE Hansard 19-4-1897 Constitution Convention Debates QUOTE Mr. CARRUTHERS: This is a Constitution which the unlettered people of the community ought to be able to understand. END QUOTE
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Hansard 2-2-1898 Constitution Convention Debates QUOTE Mr. DEAKI (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
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HA SARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTO .- 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
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HA SARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTO .- Having provided in that way for a free Constitution, we have provided for an Executive which is charged with the duty of maintaining the provisions of that Constitution; and, therefore, it can only act as the agents of the people. END QUOTE

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In my view there is no legitimately existing government because all Members of Parliament, including ministers of the Crown (Ministers of State) are receiving monies not as such permissible by the constitution and hence has disqualified them within the provisions of s44 of the constitution to hold office. I therefore request you immediately appoint a care taking government (not being any current Member of Parliament as they all are disqualified - in the manner as the Governor-General did on 26 December 1900 - commission Edmund Barton to form a government for the newly to be created Commonwealth of Australia.) as to ensure that an election is held regarding all seats of both Houses of Parliament (as like a DOUBLE DISSOLUTIO ), to elect Members of Parliament.
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64 Ministers of State 50
The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish. Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Federal Executive Council, and shall be the Queens Ministers of State for the Commonwealth. Ministers to sit in Parliament After the first general election no Minister of State shall hold office
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for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.
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As I am the only person who appears to be acute aware of what is constitutionally appropriate I therefore offer my services to form a government and to then to arrange elections for both Houses of Parliament.
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Hansard 9-3-1891 Constitution convention Debates (Official Record of the Debates of the ational Australasian Convention) QUOTE Mr. FITZGERALD: Another case I understood the hon. member, Sir George Grey, to put was that be favoured the appointment of the governor-general of the future dominion of Australia being a colonial appointment. But as long as this country is united to the Crown of England-and I hope that it is a very long day off indeed when it shall cease to be so-I maintain that the governor-general of the future dominion of Australia must be the appointee of her Majesty the Queen, our sovereign, who is the apex of that structure, and whose name we revere and respect in this colony equally as in any other [start page 165] part of her Majesty's dominions. END QUOTE HA SARD 2-3-1898 Constitution Convention Debates QUOTE Mr. BARTO .-I did not say that. I say that our real status is as subjects, and that we are all alike subjects of the British Crown. END QUOTE
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Hansard 1-4-1891 Constitution Convention Debates (Official Record of the Debates of the ational Australasian Convention) QUOTE Mr. MU RO: I do not see the necessity for considering the hon. member's proposal at the present time. I am proud of being a citizen of the great British empire, and shall never fail to be proud of that position. I have no desire to weaken a single link binding us to that empire, whether as regards the appointment of a governor-general or anything else. END QUOTE
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HA SARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTO .- 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 HA SARD 17-3-1898 Constitution Convention Debates QUOTE Mr. DEAKI .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 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 Hansard 13-4-1897 Constitution Convention Debates (Official Record of the Debates of the ational Australasian Convention) QUOTE Mr. DOBSO : The Governor-General will call to his Council six or seven gentlemen whom he thinks capable of being the first Ministers in the Commonwealth. END QUOTE Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the ational Australasian Convention) QUOTE Mr. WISE (New South Wales).Page 6 18-11-2011 Ref: 111018 Quentin Bryce Governor-General & others I SPECTOR-RIKATI about the BLACK HOLE in the CO STITUTIO -DVD A 1st edition limited special numbered book on Data DVD ISB 978-0-9803712-6-0 PLEASE OTE: Until our website Http://www.office-of-the-guardian.com has been set up to operate the website Http://www.schorel-hlavka.com will be the alternative website for contact details. help@office-of-the-guardian.com

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Her prerogative will be exercised by the Governor-General and the Ministers of the Commonwealth, just as truly as it is exercised by the Secretary of State in Downing-street. END QUOTE

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

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It is essential to understand that the general community maintains a healthy respect for the Office of the Governor-General and so the person who is the governor-General and that therefore the Governor-General places beyond doubt that her loyalty lies to the constitution itself and not to whomever may be the Government of the Day. Hence, I view the Governor-General is bound to find that by the provisions of the constitution the failure of the Parliament to set limits or otherwise approve of any recommended payments as was from time to time determined by the Remunerations Tribunal then such payments were all outside the provisions of the constitution and the Governor-General must accordingly call for a election for all seats of Parliament (as is applicable with a DOUBLE DISSOLUTION).
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I am neither a Republican or a Monarchist as I am a CO STITUTIO ALIST who seeks the proper application and implementation of constitutional provisions as all citizens are entitled to.
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Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. HIGGI S.-Suppose the sentry is asleep, or is in the swim with the other power? Mr. GORDO .-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
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I look forwards that you understand the gravity of the matters at hand and you will act accordingly to ensure that no further violations of the constitution is permitted. . With the current proposed CARBON TAX this election may also be an excellent opportunity for the electors cast their views as to whom they really like to be in government. No better opportunity for you to provide the electors with an opportunity to cast their approval or disapproval of any proposed CARBON TAX and you do not need to invoke for this any special powers of a DOUBLE DISSOLUTION even so the same will be achieved by what I have set out above.

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MAY JUSTICE ALWAYS PREVAIL


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Our name is our motto!)


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Awaiting your response,

G. H. Schorel-Hlavka

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