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From: G. H. SCHOREL-HLAVKA <schorel-hlavka@schorel-hlavka.com>

To: Office of the Official Secretary to the Governor-General <governor-general@gg.gov.au>
Cc: mayJUSTICEalwaysPREVAIL@schorel-hlavka.com
Date: Wednesday, September 01, 2010 06:49 pm
Subject: Re prerogative powers
Attachments Text version of this message. (9KB)

Official Secretary to the Governor-General

.
Sir,
It is my understanding, (Considering also the statement of the Tasmania Governor) that a Governor-
General exercising prerogative powers is bound to ensure this is done observing the provisions of
the constitution.
.
In 2001 and also in 2004 I was a candidate in the then federal elections but refused to vote on
constitutional grounds that the Framers of the Constitution embedded in the constitution that no one
could be compelled to be registered and/or to vote, when this was submitted to be included in the
constitution to give the Commonwealth powers to compel a person to register and/or to vote.
After an epic 5 year legal battle the County Court of Victoria on 19 July 2006 determined that the
charges FAILING TO VOTE was without legal validity. Despite I provided a range of
constitutional grounds to support my position none of the Attorney-Generals and/or the
Commonwealth (AEC) in any way challenged this.
.
As such, the courts made its impartial decision and decided against the Commonwealth.
.
Yet, despite this the recent election was held by nature of unconstitutional requirements that people
had to vote or face a fine and my 77-year old wife even personally called the AEC and subsequently
I explained matters and was called back later but to no avail. Despite that was in ill health she had
to drag herself to a polling station as to at least attend completely in clear violation of her
constitutional rights. I understand this likewise so was forced upon numerous other Australians and
the AEC conceals in its brochures it publish the fact that on 19 July 2006 the County Court of
Australia upheld my cases against the Commonwealth.
In my view the entire federal election on 21 August 2010 was therefore unconstitutional for this
also (there are other grounds also I will not go into) and I view the Governor-General cannot when
exercising prerogative powers accede to the purported election outcome.
I may state that I did on 20 August 2010, when the AEC called me back, specifically ask for them
to immediately publish to the general community (the electors) that they were not compelled to
vote, but I was advise that they couldn’t do so because of time limitations, etc.
In my view, the Australian Electoral commission by its very conduct was bias and failed to be
IMPARTIAL in its conduct because it has shown in for example 2001 that it even was able to go to
court on the day of election (11 November 2001) against One nation represented then by Mr Peter
Hanks QC, and as such the AEC has his machinery to act immediately but clearly refused to do so.
.
In my view the Australian Electoral Commission should have advised the Governor-General about
the unconstitutional conduct it had engaged in so that the Governor-General would have been able
to consider this in her decision making process, in particular in the current climate of uncertainty if
in those circumstances a fresh federal election was to be held and assuring that no one is above the
law, including the AEC, and electors are left at liberty if they desire to vote or not as is embedded in
the constitution.

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.
Because all our rights derives from the constitution (that is statutory rights) I consider it essential
that the governor-General when exercising prerogative rights provided to the governor-General
within the Commonwealth of Australia Constitution Act 1900 (UK) then will refuse to accept any
unconstitutional conduct that taint or may taint also the outcome of an election.
.
Within the provisions of the constitution I took up the challenge against the Commonwealth (AEC)
where many previously had failed, and succeeded because as a CONSTITUTIONALIST I made it
an issue to research all relevant matters pertaining the rights of electors within the bounds of the
constitution.
.
The Courts adjudicated and found I was right and in my view with a democratic process we are
bound by the courts decision and it is a matter of record that I comprehensively defeated the
Commonwealth (AEC) and therefore it is my view that as none of the Attorney-Generals and/or the
Commonwealth (including the AEC) appealed the courts decision whatsoever then for all purposes
and intend all constitutional matters that were before the court as I had submitted therefore were
upheld and so unchallenged.
.
We all desire that citizens obey the rule of law but what we now find is that the AEC has placed
itself above the rule of law and basically terrorised my wife that she is so fearful that she dragged
herself to a polling station as she is to fearful having to be dragged in a 50-year legal battle to stand
up for her constitutional and other legal rights.
.
EITHER WE HAVE A CONSTITUTION OR WE DON’T!
.
The Framers of the Constitution made clear that the Governor-General when exercising prerogative
powers does so not on advise of the federal executive, all be it the Governor-General can take into
consideration what advise is given nevertheless, but upon the prerogative right to make a decision to
consider what is in the best interest of the general public at large. They also pointed out that to
disregard the peoples constitutional rights could end up in a rebellion.
.
It is therefore important that the unconstitutional conduct of the AEC is conveyed to the Governor-
General as the Governor-General has every right to be appropriately informed about this as to be
able to make an informed decision representing the Crown.
.
I will also publish this correspondence so people around Australia will be aware what I have
conveyed to you and they may then look forwards to the Governor-General taking these matters
into consideration when exercising any or all prerogative powers.
.
As indicated by the Governor of Tasmania he cannot sanction any conduct that is unconstitutional
when exercising prerogative powers as he must act against it. I view the same applies for the
Governor-General.
.
I refused and still do to vote in elections upon the legal principle that the Framers of the
Constitution embedded “political liberty” into the constitution and not “political liberty subject to
whatever any Government or Government department may permit” and I do not oppose any one to
exercise their democratic right to vote if this they desire to do voluntarily.
.
For reason of simplicity I have avoided quoting numerous statements of the Framers of the
Constitution, which I also used in the trails but rest assure I can present them if called upon. Hence,

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if the Governor-General desires further and better particulars then they can be provided, however as
the Courts have their records to prove it then it ought to be obvious that those formal records will
show that the AEC was comprehensively defeated.
.
Terrorism isn’t just performed by those wielding a gun, but can be done where any person inflict
upon another person a denial of rights and inflict fear for the person either to not act as legally
entitled upon or to act in defiance what is legally entitled upon. In my view the conduct of the AEC
upon my wife is no less terrorism. Indeed, the Framers of the Constitution held that to force the
Senate to vote in direct conflict of its constitutional rights would be terrorism.
.
As the Governor-General was appointed within the provisions of the constitution and is bound to
observe the constitution then I expect the Governor-General to take appropriate action in regard of
this as to ensure that any adviser (Minister of State) who fails to act within the provisions of the
constitution is held accountable for this as the Framers of the Constitution made clear this is why
Ministers are appointed as they are ultimately to be held responsible for their Departments. After all
I do not expect the Governor-General to condone this kind of terrorism upon electors and will not
sanction any Minister to pursue fines against those who allegedly didn’t vote as the Australian
electoral commission has been doing for years on end despite it list comprehensively the cases
against me on 19 July 2006.
.
As the Framers of the Constitution made clear no one is above the constitution and I look therefore
forwards for the Governor-General to uphold this and hold those accountable who acted in defiance
of electors constitutional rights.
.
Mr G. H. Schorel-Hlavka
.
1-9-2010

(Snail) Mail to:

Mr G. H. Schorel-Hlavka
MAY JUSTICE ALWAYS PREVAIL®
107 Graham Road, Viewbank, Vic 3084, Australia

Email: INSPECTOR-RIKATI@SCHOREL-HLAVKA.COM

See also Http://www.scribd.com/InspectorRikati (Also to download documents) &

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CONSTITUTIONALIST & Author of books in the INSPECTOR-RIKATI® series on certain

constitutional and other legal issues.
.
Reclaim our constitutional and other legal rights and hold parliamentarians and judges legally
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.
A GOVERNMENT BY THE PEOPLE FOR THE PEOPLE!
.
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A book on CD, about Australians unduly harmed.

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