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ISSUE: 20190529- Re: Tribute to slain Courtney Herron-etc

As a CONSTITUTIONALIST my concern is the true meaning and application of the constitution.

* Gerrit, I that the young woman murdered in Melbourne?


**#** INSPECTOR-RIKATI®, indeed she is. So here we have Scott Morrison and others
celebrating election victory instead of mourning for this young woman and others who are
suffering because of the failures of the Federal
Government to act appropriately.
* Moment there are people claiming it is a State Government issue.
**#** Let me explain. Here we had a young person (regardless of gender) who within the
provisions of our federal constitution was to be appropriately cared for by the Federal
Government. After all our constitution does include the provision Mr Howe the delegate to the
Constitutional Convention so much fought for to be included:
(xxiii) invalid and old-age pensions;

Where reportedly Courtney had certain mental issues then she fell within this provision and th4e
Commonwealth should have ensured that she was appropriately provided for. Courtney was left
to rot by the politicians more interested in their battles for supremacy in government and to get
jobs to join the millionaires club and the hell with the sick, the disabled and pensioners.

Hansard 7-3-1898 Constitution Convention Debates


QUOTE The Hon. J.H. HOWE:
Is it to be the Premier of New South Wales or Mr. Barton who is going to introduce a measure for old-age
pensions when he has the power to do so by the Constitution we give to the Federal Parliament?. I do not
think it is necessary for me to say any more. The words I have quoted are better than any I could speak. My
only desire is to give power to the Federal Parliament to achieve a scheme for old-age pensions if it be
practicable, and if the people require it. No power would be taken away from the states. The sub-section
would not interfere with the right of any state to act in the meantime until the Federal Parliament took
the matter in hand. I do not believe in provincialism so far as old-age pauperism is concerned. In these
colonies men are born in one state, spend their manhood and best days in another, and then return, broken
down and unfortunate, to the land of their birth, which owes them nothing. Is it to be contended that under
such circumstances the state of the unfortunate man's birth should be compelled to support him? Surely the
support of the aged poor could be better accomplished by a Federated Australia. Wherever a man may roam
within the boundaries of Federated Australia, he should know that in his old age be need never fear the
pauper's lot. I would compel every able bodied man, in the heyday of youth, when he has the means, to make
a compulsory contribution towards a fund out of which provision would be made for his old age. That
is another reason why the federal authority should take it instead of the state, because within the bounds of
Federated Australia a law can be enacted compelling that individual who is to receive the benefit to
contribute to the fund in which he is to participate in old age. I have much pleasure in bringing forward this
motion again, because I am assured that those who reluctantly voted against me before will vote with me on
this occasion.
END QUOTE
Hansard 21-1-1898 Constitution Convention Debates
QUOTE The Hon. J.H. HOWE:

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As he said-"This inadequate provision for old age is a disgrace to the nation, and a danger to all social
order." I have given this subject considerable study, and I have come to the conclusion that any system to be
effective must be compulsory. We are met sometimes by people who dearly love liberty-and no one loves
liberty more than I do myself-who say that it would be an encroachment upon the liberty of the subject if
we compelled people to contribute to an old-age pension fund. All direct taxation, however, is
compulsory, and I presume direct taxation is necessary for the good government of the country.
END QUOTE
.
Hansard 28-1-1898 Constitution convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE

Mr. HOWE (South Australia).-I have listened with great pleasure indeed to the speeches of the two last
speakers. It is so very seldom that they are in accord with each other on questions of this kind, that I could not
help marvelling that they should come together on a question of this magnitude. The honorable member (Mr.
Symon said it was monstrous, for a civilized community like the Australians, to place a brand of degradation
upon those alien races once we admit them. I think our first [start page 251] duty is to consider the
welfare of our own kindred. Do you ever find British labour going to these eastern countries and competing
with the labour there? Certainly not.

Mr. WALKER.-Engineers go there from our country.

Mr. HOWE.-Simply because those races have no engineers of their own. We send capital into those
countries. We benefit them in that way, and we do not take hordes of people to compete with the labour of
eastern countries. I have no objection to treat them fairly well when they are in Australia, but the Government
ought not to go out of its way to grant them licences when there is a power of restrictions and when the
Government can refuse any one a licence. Why should we grant them mineral licences to compete with our
miners on gold-fields, and hawkers' licences to compete with our Australian hawkers?

The CHAIRMAN.-I would ask the honorable member if he thinks his remarks are strictly relevant as to
which body should have the power to deal with this matter?

Mr. HOWE.-I am coming to that. If this law be passed as proposed, I am in accord with the honorable
member (Mr. Deakin) that the federal authorities should have supreme power, and that the laws in the
states should be operative until the federal law is passed. I am quite in accord with the Victorian members
who say that those local laws should remain in full force and vigour until a new law is passed by the federal
authority. I have no fear that the law passed by the Federal Parliament of Australia will be one that will be
less exclusive, as against these alien races, than any law obtaining in any state at present.

Mr. WALKER.-Do you think they will pass a more exclusive Act?

Mr. HOWE.-Yes; I think the cry throughout Australia will be our first duty is to ourselves, and that we
should as far as possible make Australia a home for Australians and the British race alone. It is not our duty
even to go out of our way to create competition between the aliens residing in our midst at the present time
against our own flesh and blood. I shall support the contention advocated with so much force and ability by
the Victorian members, as I consider that the welfare of the colonies, as against alien cheap labour, depends
upon the local laws being maintained in full force and vigour until a federal law is passed.

END QUOTE

Hansard 21-1-1898 Constitution Convention Debates


QUOTE Mr. HOWE:
They show that the thrift practised by the people of Australia is unparalleled in the history of the world. But
there is another side to this question, and a very gloomy and sorrowful side indeed. There are records of
bankruptcy, of reckless, and in some instances corrupt, management, when the hard earnings of the
people and the savings of a lifetime have been swept away-have melted away like snow before the
noonday sun. Through this reckless and corrupt management men who thought they had provided for
their old and declining age found themselves stranded on the cheerless shores of charity, and many of

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them have had to accept even amongst ourselves the pauper's lot. The pauper's lot in Australia or in
any other country is to the deserving poor one of the saddest and darkest blots on our civilization.
END QUOTE
.
Hansard 21-1-1898 Constitution Convention Debates
QUOTE
Mr. REID

The object is this, that for some time to come it will not be possible for the Federal Legislature to pass
laws on these subjects, and it is necessary to have some laws on them-the state laws if they exist-until
federal laws are enacted; but the moment a federal law is passed on any one of these subjects, under
the provision under the head of "States" the federal law prevails over the state law.

END QUOTE

The following will also make clear that the Framers of the Constitution intended to have CIVIL RIGHTS and
LIBERTIES principles embedded in the Constitution;
HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Mr. CLARK.-
for the protection of certain fundamental rights and liberties which every individual citizen is entitled to
claim that the federal government shall take under its protection and secure to him.
END QUOTE
.
HANSARD18-2-1898 Constitution Convention Debates (Official Record of the Debates of 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

Hansard 2-2-1898 Constitution Convention Debates


QUOTE Mr. DEAKIN (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

Courtney for whatever reason was a pauper, at least in my view, and it is scandalous that she and
many other paupers are left to care for themselves where clearly they are unable to do so. Having
a mental health problem that is not appropriately catered for is an added problem. We have
soldiers returned from theatre of war and then are so to say fed to a company that I understand is
more interested in making as much profit as it can and by this employing part times and
incompetent staff where then those who rely on their services are denied appropriate care and
some commit suicide as result. In my view those employment agencies should be investigated for
any lack of proper service. After all, when due to gross or other mismanagement of such
company then people end up without employment then those companies I view are ripping of the
taxpayers by this. Just imagine the utter frustration of a former soldier seeking to get a job and is
faced with an ever turnover of staff by the employment agency having to repeat time and time
again the same story. I view the Federal Government should clamp down on this blatant rip off
and insist that those employment agencies prove their worth and if someone committed suicide it
is checked if previous so called employment agency service was part of the problem leading up
to the suicide.
* I assume you have some knowledge about employment company mismanagement?
**#** Indeed, I have. A particular company is promoting some Doctors statement while acting
itself in violation of this regarding its own employees. Bullying, various form of harassment, etc
and yet it somehow seem to pretend to know how to assist others.

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* What do you suggest?
**#** The Federal Government must make sure that there is a reporting system in place by
anyone to report an incident of mistreatment, abuse, etc. Then the relevant Minister can direct if
needed an investigation.
Courtney Herron was a human being who had rights and yet she was let down, let we honour her
by ensuring there will be a special department set up in her name say Courtney reporting
Department, so that anyone can leave details. Again, the Minister then can deal with it from there
on. We have constant Prime Ministers claiming they have the best team together, and yet despite
this no one seemed to care about Courtney having to be couch surfing to have a place to stay.
* Do you hold the courts are in some way also at fault? If so, how?
**#** Well we have children ordered by the Children Court to be placed in the care of the
Department of Human Services and when a child dies in care then the Department will always
claim it is understaffed, etc. Well I would hold the courts should then demand the Minister to
appear before the court and explain why the Minister should not be dealt with for Contempt of
Court. This is what it means having a RESPONSIBLE Minister. Ow they blame anyone else as
are spending their time on electioneering and for photo opportunities while children die in the
process because of their incompetence as a RESPONSIBLE Minister.
Hansard 2-2-1898 Constitution Convention Debates
QUOTE Mr. DEAKIN (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

What we need is a responsible government which no longer outsources all kinds of services and
ignore proper supervision and only steps in after one or more persons have suffered horrendously
and have died. We need Ministers who priority is to ensure that they are on top of their jobs and
are competent in the Ministry they are to head. Not placing someone in charge for political
reasons1. We need a Courtney taskforce which with the aid of a Courtney taskforce us and
caravan towed behind it will be able to travel around Australia and each State/Territory to
provide a Magistrate when this task force operates in a State/Territory so that where there is
concern of a person living on the streets, etc, then the magistrate can issue temporary care orders
to have such person placed in care subject to further orders. This would mean that the moment
they locate a person who is seemingly in distress and/or unable to appropriately care for
themselves then this person can e provided with shelter, etc. It means State and Territory
Governments must provide appropriate shelter (accommodations facilities) for those placed in
care. No more the nonsense to pass the blame onto others. Where there is an order and the
Minister fails to comply with the orders then the Minister may be subjected to a prison term.
(Ex Parte Young - 209 U.S. 123 (1908)-Attorney-General liable- sent into prison)
The moment a Minister were to be imprisoned you can bet your last dollar that the other
Ministers will no longer act blatant ignorant. When a Minister is convicted then this Minister
automatically be banned for no less than 10 years to be heading a Ministry.
Too many children & adults in the care/prison are dying and not a single Minister ever was held
legally liable. This must stop by simply holding Ministers in Contempt of Court when failing to
appropriately care for those placed under its supervision.
*.Are you indicating the Minister must personally check everything under his/her supervision
and not just source it out to others?
**#** Well, that was the legal principle the Framers of the Constitution embedded in the
constitution.

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VEHICLES-01
Let’s see what the Framers of the Constitution stated about the telephone, postal and other
services:

Hansard 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Mr. CARRUTHERS:
It is just as important that the Federal Government shall have the care and management of the vehicles which
carry human beings and their goods as that it should have the care and [start page 769] management of
the vehicles or ways which carry letters and telegrams.
END QUOTE

(Writers note: Notice they even refer to “management of the vehicles” not just legislative photo
opportunities for a Minister!)

And:
Hansard 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Mr. CARRUTHERS:
If you give over the telegraph and postal business you thereby hand to the custody of the Federal Government
all the local appointments-the appointing of the postmasters, clerks, and other officers, who do not do
national, but the purest local business; and you at once raise up a large army of civil servants, the
influence of which we want to dissociate from our national life
END QUOTE

(Writers note: Notice they refer to appointments of officers, etc, and “large army of civil
servants” clearly this relates to Commonwealth Management, not some private company)

As I indicated above it is one thing to outsource certain work but the Minister must ultimately be
held responsible if something that was outsourced went wrong.
If you have a person say returning from the theater of war and badly need appropriate support
then you do not just pay some employment agency who is more interested in spreading its wings
over Australia to make a lot of money lacking any proper system in place to provide adequate
services and the Minister then so to say seek to wash his hands from anything that goes wrong
and former soldier may end up committing suicide in the process of utter frustration. We need a
Minister who unannounced goes everywhere to personally check matters. Again I am currently
checking out one employment agency and the details I understand exist in my view underlines it
has gross incompetence to appropriately care not only for those it is supposed to serve for
employment positions but even for its own employees. How often did the government check out
if a person having committed suicide was in fact let down by an employment agency and this
may have resulted to the person having committed suicide?
Let us be clear about it, when a person suffers of mental issues then an ordinary employment
agency in my view is the wrong call. You need specialist trained employment agency that is
competent to deal with complicated cases.
I know really nothing about Courtney other than that she was brutally killed and to me this is
totally unacceptable. If the alleged killer had mental problems then I view he should be placed in
permanent care never again to be a risk to society. People who claim mental impairment after
they killed should not be trusted to be out amongst society to perhaps do the same again. This
mental impairment is too often used to prevent a killer to suffer the legal consequences of their
deeds and may be why so many of them are seeking to claim temporary or otherwise mental
impairment.
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And in Melbourne there is this crime spree where home invasions and terror is used by youth
who previously already were behind bars. No longer excuses that a youth was laid astray by
others. If they commit crimes and are over the age of 12 then their crimes should be made known
and so any convictions. Here we have ordinary citizens working hard their whole life to try to
come to an old age and have some comfort such as their home and motor vehicle and then those
youths are released to do again what they did before as they get no more but a slap on the wrist
with some feather. When in detention they are causing millions of dollars and the Premier knows
how to resolve this by providing monies, take away, etc. This is actually where they go back on a
crime spree because they know they are not really punished at all.

*. Let us look forwards that Prime Minister Scott Morrison does more than backslapping other
politicians how good they did back in power and actually does accept his responsibility to ensure
every person who has a Ministerial portfolio is qualified in that field and he will ensure that the
Courtney Taskforce you propose is established within a few months. Why call it Courtney
Taskforce?
**#** This is so that those who may benefit by the assistance this Courtney Taskforce provides
to the homeless, the disabled, etc, is all due to the fact Courtney was robbed of her life to live
until old age, etc. Let her vicious death not be in vain nor ignored or forgotten.
We need to return to the organics and legal principles embed in of our federal constitution!

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. (Gerrit)
MAY JUSTICE ALWAYS PREVAIL® (Our name is our motto!)

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