WITHOUT PREJUDICE

Kevin Rudd PM 22-2-2010

C/o R.McClelland.MP@aph.gov.au
5 . Ref: INVALID ISSUES - etc
Cc: Dr Bronwyn Morkham
Young People in Nursing Homes Alliances
St. Martins Court, Melbourne
3 Wall Street, Richmond, Vic 3121 ph 03-9428 5677 C/o elitecommunications@hotmail.com
10 . AND TO WHOM IT MAY CONCERN
.
Kevin,
In the lead up to the 2007 Federal election I recall you made known that you were a
“FEDERALIST” and as a “CONSTITUTIONALIST” I take this that therefore you know what
15 you are talking about and not merely made a statement as to get elected.
.
Let’s first attend to some statements of the Framers of the Constitution:
.
Hansard 22-9-1897 Constitution Convention Debates (Official Record of the Debates of the
20 National Australasian Convention)
QUOTE The Hon. J.H. HOWE (Western Australia)[4.4]:
The poor have to be kept by the state in any case, and I want the commonwealth to
say to those of its citizens who have attained a certain age, or who have been maimed
for life by some accident, that they shall not want, and need not be a burden upon
25 friends, who, [start page 1087] perhaps, are not able to keep them, but that the
commonwealth shall provide the means from this fund to which they have contributed
whereby they can live.
END QUOTE
.
30 Hansard 22-9-1897 Constitution Convention Debates
QUOTE
Mr. SYMON: I am sure that the hon. member will be able to successfully dispose of it
when it is next used against him. It would be just as reasonable to adopt the suggestion
of the hon. member, Mr. Howe, and say that the federal authority are to take control
35 of all institutions for the care of the aged and infirm.
END QUOTE
.
Hansard 22-9-1897 Constitution Convention Debates
QUOTE
40 The Hon. J.H. GORDON: And the hospitals. The control of lunacy necessarily
includes the accommodation for lunatics. Unless the buildings are handed over to the
federal parliament, I fail to see how that authority can exercise any power over the
inmates thereof.
END QUOTE
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 .
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE Mr. CLARK.-
for the protection of certain fundamental rights and liberties which every individual
5 citizen is entitled to claim that the federal government shall take under its protection and
secure to him.
END QUOTE
.
Hansard 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the
10 National Australasian Convention)
Mr. DEAKIN.-
In this Constitution, although much is written much remains unwritten

Hence, one need a “CONSTITUTIONALIST” who has extensively researched constitutional

15 issues before one even attempt to deal with any kind of legislation.

For example, some extensive quoting of the Constitution Convention Debates (Official
Record of the Debates of the National Australasian Convention) shows that while the
Framers of the Constitution rejected to insert any Constitutional powers in Subsection xvii) for
20 bankruptcy and insolvency to include “lunatics”, on the other hand it shows that the
Commonwealth of Australia within Subsection (xxvii) as to immigration does have legislative
powers to control not just the movement of aliens but also that of the “paupers” and “lunatics”.
It also means that the Commonwealth of Australia would have other duties and obligations
regarding the “paupers” and “lunatics” where it legislates in regard of them.
25 .
While the States are ongoing criticised by the Commonwealth for failing to appropriately
provided health care facilities for the sick in hospitals the truth is that the failure by the
commonwealth of Australia to do its job and that is to provide appropriate rehabilitation and
other facilities for the invalid, etc, it means that the States are burdened to provide for what is
30 Commonwealth responsibilities.
.
As the Framers of the Constitution made clear that the moment the Commonwealth commenced
to legislate then it had the sole responsibility for the subject issue, hence the moment the
Commonwealth commenced to legislate as to invalids then it was sole responsible to provide the
35 required facilities and funding to care for the invalids.
.
Hansard 22-9-1897 Constitution Convention Debates
QUOTE
The Hon. R.E. O'CONNOR (New South Wales)[3.18]: The moment the
40 commonwealth exercises the power, the states must retire from that field of
legislation.
END QUOTE
.
Hansard 2-3-1898 Constitution Convention Debates
45 QUOTE
Mr. OCONNOR.-Directly it is exercised it becomes an exclusive power, and there is
no doubt that it will be exercised.
QUOTE
.
50 Hansard 30-3-1897 Constitution Convention Debates
QUOTE Mr. REID:
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 We must make it clear that the moment the Federal Parliament legislates on one of
those points enumerated in clause 52, that instant the whole State law on the subject is
dead. There cannot be two laws, one Federal and one State, on the same subject. But
that I merely mention as almost a verbal criticism, because there is no doubt,
5 whatever that the intention of the framers was not to propose any complication of the
kind.
END QUOTE
.
HANSARD18-2-1898 Constitution Convention Debates (Official Record of the Debates of
10 the National Australasian Convention)
QUOTE Mr. ISAACS.-
The right of a citizen of this great country, protected by the implied guarantees of its
Constitution,
END QUOTE
15 .
On Sunday 21-2-2010 I was watching the program “Sunday Night” of Channel 7 at Melbourne
under the heading THE FORGOTTON.
The issues were about young people such as the then 16 year old Anj Barker having been left in
an aged care home.
20 .
Again consider Anj’s rights, and so all others in her situation, when she as a 16 year old was
denied her rights entitled upon within the constitution?
. HANSARD18-2-1898 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
25 QUOTE Mr. ISAACS.-
The right of a citizen of this great country, protected by the implied guarantees of its
Constitution,
END QUOTE
.
30 Dr Bronwyn Morkham was explaining that there was a lack of facilities for rehabilitation at
aged care centres for the young, etc.
.
I understand that currently it involves at least 6,500 young people who are basically left without
proper care albeit St. Martins Court at Melbourne is a facility catering for about 11 individuals.
35 What I noticed also was that there appeared to be a misconception that it is a State responsibility!
As I have written to both you and the previous Federal government constitutionally invalids are
the sole responsibility of the Federal government and not that of the States. As the Framers of the
constitution made clear that even the running of nursing homes would the Ministers
responsibility. As such, if anything goes wrong then the minister must be held accountable for
40 this. It doesn’t matter if the minister redirects others what to do because ultimately the minister is
accountable for whatever goes wrong.
It has been for long made known that the elderly were using hospital beds because there was
insufficient number of age care beds for them in age care facilities. But as now appears the
Federal government failure to provide appropriate facilities for the invalids by this causes the
45 young invalids to occupy age care beds and as such this flows down that those in need of age
care beds are blocking others from using the hospital beds needed for ill people who need
hospital treatment. As such no good blaming the States for the disaster the Commonwealth has
created!
How on earth dare Federal government to pore billions into providing facilities for other
50 countries such as Indonesia, East Timor, Iraq, Afghanistan and others while disregarding our
own most vulnerable people. Yes, they are humans too!
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 .
It appears to me that Dr Bronwyn Morkham knows what she is talking about regarding special
needs for the invalids and in particularly that rehabilitation and other facilities are needed as soon
as possible and not years later (as Jock Watson’s mother Jay explained) and therefore stop poring
5 moneys down the drain to assist other countries and first attend to our own.
I urge you to appoint Dr Bronwyn Morkham as head of a task force that will provide the kind
of facilities as St. Martins Court is providing all over the Commonwealth of Australia and you
may just find that instead of the insulation fiasco the mo0neys are far better spend and
appropriately also.
10 .
Hansard 22-9-1897 Constitution Convention Debates
QUOTE
The CHAIRMAN: The hon. member, Mr. Howe, can now move his proposed new sub-
clause.

15 The Hon. J.H. HOWE (Western Australia)[4.4]: I consider that it is the duty of the
commonwealth, rather than of the states, to undertake the work of providing for the
invalid and aged poor of the commonwealth. The matter was dealt with [start page
1086] in Adelaide, when some of the leading legal members of the Convention took the
position that the question was more a state question than a commonwealth question.
20 Since then I have considered it carefully, and the more I have read and thought over
it, the more I am convinced that this work should be undertaken by the
commonwealth. I consider that no more important question than this could occupy
the attention of the Convention. The question is one which is now occupying the
attention of all the learned and able statesmen of Europe. Great philanthropists all
25 over the world are trying to find a solution for this dreadful calamity. In every
civilised community we find men who have given their best mental and physical
labour to the state becoming, in their declining years, through no fault of their own, a
burden to their friends, who cannot afford to maintain them, or entering charitable
institutions, and finally finding a pauper's grave.

30 The Hon. E. BARTON: Does not this matter stand in the same category as state banking
and state insurance?

The Hon. I.A. ISAACS: The adoption of the hon. member's amendment might seriously
perplex the Finance Committee!

The Hon. J.H. HOWE: The German Empire has adopted the system of providing
35 invalid and old-age pensions. In Germany it is compulsory for those in fixed
employment, and for employers, to contribute to a fund which is subsidised by the
Government. Then when a man comes on the fund he does not come upon it as with us a
man comes upon the charitable institutions of the country. He can hold up his head among
his fellow-men. This law prevents a man who has fulfilled all the obligations of citizen,
40 husband, and father from becoming a pauper in his declining days.
END QUOTE
.
Hansard 22-9-1897 Constitution Convention Debates
QUOTE
45 The poor have to be kept by the state in any case, and I want the commonwealth to
say to those of its citizens who have attained a certain age, or who have been maimed
for life by some accident, that they shall not want, and need not be a burden upon
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 friends, who, [start page 1087] perhaps, are not able to keep them, but that the
commonwealth shall provide the means from this fund to which they have contributed
whereby they can live.
END QUOTE
5 .
Hansard 27-1-1898 Constitution Convention Debates
QUOTE
Mr. WISE.-Yes, it would, because the Commonwealth would have no power to pass any
law relating to the immigration of any section of the community unless they were aliens.
10 The Commonwealth Parliament is to have no power to deal with the movement of
population except paupers, lunatics, and aliens, and under section 52 it is to exercise
full powers with regard to any or all of those three classes. All that is designed by my
amendment-and it appears to me that some such power is necessary-is that if the
Commonwealth Parliament undertakes to deal with the movement of population in
15 regard to one or more of those three classes-paupers, aliens, and lunatics-the persons
whose movements are fettered by the Federal Parliament shall have the right to look
to the Federal Parliament for protection, and for the full security that the Federal
Parliament can give. The words of the clause are vague, and not very easily construed. Of
course, if the leader of the Convention prefers it, I will postpone the formal submission of
20 my amendment so as to give further time for the consideration of the matter.
END QUOTE
.
In my view it is utter scandalous that the Federal government is wasting so much monies and
seems to be more concerned about the plight of others in other countries even so constitutionally
25 it cannot provide funding as such while letting our own people suffering horrible. Again, why did
the Federal government rob Anj of the constitutional rights she has to be provided with the
appropriate accommodation facilities and rehabilitation facilities, and likewise thousands of
others?
Why have a Minister at all if the Minister is perhaps more interested in so to say photo
30 opportunities then to perform the job being paid for?
What indeed if Anj or others like it no longer can receive the care of her parents, who are forced
to do so dure to the failure of the Federal government to provide appropriate and adequate
facilities for rehabilitation, etc, as after all those people not only suffer the hardship of their child
and/or family member being in such a distress but find a callous Federal government to disregard
35 to provide appropriate assistance to deal with the issues at hand.
Wasting a billion dollars or so on insulation materials causing death and destruction without
constitutional powers to do so hardly is the right way to go about where as if the same billion
dollars had been spend on providing appropriate accommodation with rehabilitation facilities
then we all would have been far better off.
40 .
None of us know what tomorrow may bring for us. We all, regardless we may not be at fault, can
become a victim of an accident and end up like Anj or others and then find the lack of facilities
will be immediately upon us and not some issue that is remote.
.
45 While you did promote “NEW LEADERSHIP” during the last federal election in 2007 it really
has been more of the same to look after your own interest and that of your mates and disregard
those who so much need our care and attention.
.
Somehow we can drop an about 250 million dollar fee to commercial television stations but we
50 could not use the money for the invalids and others who badly needed this kind of monies
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 pumped into the funding, then again the invalids will not be skiing or provide skiing
opportunities for free for Senator Conroy and so hardly worthy for him to bother about their
plight, so it appears to me being the Federal government message. Let’s stop this nonsense about
travelling all around the world, such as the Copenhagen disaster as let me assure you to the
5 invalids, and their families, their suffering is more of an acute issue then whatever you and your
scientist mates may purport may be happening in 40 years or so from now. Anj and many others
may never live the day to 2050 if their kind of living conditions is not appropriately attended to.

Nothing in this correspondence is intended and neither must be perceived as that we should
10 disregard the suffering of other human being in other countries but they should never be placed
before the needs and rights of our own!
.
My position is that while you are being paid out of Australians taxes your salary then your
priority is with Australians and not with foreigners and if you so much desire to be on the
15 world stage and look after the interest of others then move to the particular country
concerned and get elected there but do not waste our finances and resources at cost of those
who are so vulnerable and need to be appropriately cared for and indeed have every
constitutional right to be provided with this.
.
20 I have absolutely no doubt that Dr Bronwyn Morkham will be competent enough to assist in
drafting a master plan for the whole of the Commonwealth of Australia as to the locations of
required full time facilities with rehabilitations facilities needed for caring appropriately for the
invalids, etc. Just try for a change to invite her assistance!
And not only would this result to lawfully spending taxpayers monies but it would mean for
25 those in need finally getting the appropriate facilities and services they badly need and by it
where invalids are moving out of age care nursing homes the bed freed by this can be taken up
by the elderly now occupying hospital beds and as such the hospitals will benefit to be able to
use the hospital beds for its right intended purposes. And, those invalids who can move on their
own into appropriate facilities also will not be as such a burden upon their family meaning some
30 parents/carers may return to the workforce instead of being on a limited carers allowance. Seem
to me a win-win solution to all concerned, even more then having invalid people left until years
later when it often is too late for rehabilitation may then immediately have the rehabilitation
services so badly needed and by this may avoid some expenses later also where the rehabilitation
might be more costly due to the delay in providing it.
35 .

MAY JUSTICE ALWAYS PREVAIL®

Awaiting your response, G. H. Schorel-Hlavka (Gerrit)

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