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Re - Political campaigning in shopping centres - Fw: Email to the Prime Minister

Thursday, 28 January, 2010 11:57 PM
From: "Mr Gerrit H. Schorel-Hlavka" <inspector_rikati@yahoo.com.au>
To: Tony.Abbott.MP@aph.gov.au
Cc: inspector_rikati@yahoo.com.au
Tony Abbott MP

Tony,
I invite you to respond and provide your comments to me,
Gerrit
,.
Mr G. H. Schorel-Hlavka
.
28-1-2010

MAY JUSTICE ALWAYS PREVAIL®

Mr. G. H. Schorel-Hlavka, GUARDIAN
(OFFICE-OF-THE-GUARDIAN)
107 Graham Road, Viewbank, 3084, Victoria, Australia
Ph (International) 61394577209
.
Email; mayjusticealwaysprevail@schorel-hlavka.com
help@office-of-the-guardian.com (constitutional matters only)

"CONSTITUTIONALIST" and Author of books in the INSPECTOR-RIKATI® series on

certain constitutional and other legal issues.
.
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--- On Thu, 28/1/10, info@pm.gov.au <info@pm.gov.au> wrote:

From: info@pm.gov.au <info@pm.gov.au>

Subject: Email to the Prime Minister [SEC=UNCLASSIFIED]
To: inspector_rikati@yahoo.com.au
Received: Thursday, 28 January, 2010, 11:19 PM

Thank you for your message to the Prime Minister at www.pm.gov.au.

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Submitted on 28 January 2010

Title: Mr
First Name: Gerrit Hendrik
Last Name: Schorel-Hlavka
Email Address: inspector_rikati@yahoo.com.au
Street Address: 107 Graham Road
Suburb/City: Viewbank
State: Victoria
Postcode/Zip: 3084
Country: Australia
Subject: Re - Political campaigning in shopping centres
Comment:
Re - Political campaigning in shopping centres

Kevin Rudd PM
.
AND TO WHOM IT MAY CONCERN
.
Kevin,

I understand that there are shopping centres that contemplate banning candidates for elections to
hold any kind of political campaign in their facilities.
.
I do not belong to any political party, at least for so far I am aware off, and neither was a candidate
in the last State (Victoria) or Federal election (albeit was previously) but I view, as a
CONSTITUTIONALIST that any ban would be unconstitutional.
.
Shopping centre managers have to understand that the rights and privileges they enjoy are all
derived from the federation by way of The Commonwealth of Australia Constitution Act 1900
(UK), and by s.106 of the constitution the States are created from the former colonies, which in turn
provide certain rights and privileges for those operating shopping centres.
.
Shopping centre managers cannot demand that any one who enters their facilities must purchase
some item as a condition of entry. The have people who may simply be browsing as to what is
available. There might be people who just find it a meeting place and go from there. There might be
people who simply like to use the toilet facilities. Whatever they attend for they are entitled to do
so.
.
Now, if a shopping centre manager were to say make a condition that non-religious people would

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 Chapter 000X Page 3

not be allowed to enter the facilities people would quickly be pointing out that this is a form of
religious discrimination. If they were to deny entry to any person having blond hair, then again this
quickly would be deemed unacceptable. As such, they either have to permit access to all or not at
all, albeit they are entitled to pursue that those who endanger the rights and wellbeing of others can
be barred. As such, anyone wanting to use a skateboard could be lawfully denied because they are
so to say a “pest” to other people trying to use the same facilities.
.
The issue is then if a politician for purpose of electioneering should be permitted to enter the
facilities or be banned for being a danger to the wellbeing and rights of others, being shoppers
and/or shop keepers, etc.
.
Politicians who are in a race for an election obviously are doing so as to seek to be elected and that
might be considered to be a personal issue nothing to do with shopping however politicians in the
process of doing so must obviously obtain the support of those they, if elected, would represent. It
includes shoppers and those conducting businesses at those premises. Indeed, a business having a
candidate in an election appearing often does keep a keepsake memento in particular if the
candidate becomes a Minister of State or attains some other high position.
.
when one peruses the hansard records of the constitution convention Debates then it is very obvious
that those delegates had to cavass for votes and relate to do so. And while the constitution itself
doesn’t state “”political liberty” as a CONSTITUTIONALIST I pursue what is embedded as a legal
principle in the constitution as this is also applicable, albeit most lawyers would not even be aware
of this and so likely neither other people such as shopping centre managers/owners.
.
.
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
Mr. DEAKIN.- In this Constitution, although much is written much remains unwritten,
END QUOTE
And
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
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
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 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
.
In my view the political liberty, as I successfully proved in court on 19 July 2006 is to chose to vote
or not to vote but also includes the right of candidates to be able to canvas for votes in area’s that
ordinary are open to the general public, even if they are privately owned.
.

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I accept that a candidate cannot go into someone’s house uninvited to canvas for votes, but when it
comes to any private property that is ordinary open to the general public then to deny a candidate in
an election to freely move about to canvas for votes or otherwise seek to obtain information from
people (including shop keepers) as to what they may desire the candidate to achieve for them or
others would be an infringement of the “POLITICAL RIGHTS” of a candidate.
.
Obviously, if the candidate was conducting himself in a manner that would or may cause a danger
to others, being it to roller skate or something like that then the candidate like any other person
would be prohibited from doing so as this is ordinary a standard prohibition in most facilities.
However, if the candidate doesn’t offend ordinary standard regulations then those who manage or
own shopping facilities would in my view act unlawfully as they effectively are targeting candidate
to be denied their political liberty to canvas for votes.
.
I accept that if a candidate were to say block the entrance of a store causing customers or would be
customers to enter or leave the store then this might be an issue but not if the candidate avoid such
kind of obstructions.
.
In my view the specific targeting of any person to campaign in a shopping centre cannot be
permitted as it infringes upon the rights of those seeking to exercise their political liberty.
.
We always need to find a balance to what is appropriate and those who provide their private
property for access to the general public must do so without discrimination, even if it relates to a
political candidate.
.
In my view the Electoral Commission ought to pursue an awareness campaign, without political
bias, that it would be unlawful to interfere with the right of any candidate to exercise his political
liberty as long as this candidate conduct himself in a lawful manner.
.
As such, the onus is upon the centre management to show a candidate is/was acting inappropriate as
to be an offence worthy to be denied access to the centre, as they can do with any other person in
the normal course of business.
.
For the record, I never went to shopping centres to canvas for votes, and neither for this tried to kiss
babies.
.
Gerrit
.
Mr G. H. Schorel-Hlavka
.
28-1-2010

Chapter 000X Page 4

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
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI® series by making a reservation, by fax 0011-
61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com