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20250404-Mr G. H. Schorel-Hlavka O.W.B. Attorney-General Mark Dreyfus-FOI Request

The document is a formal request from Mr. G. H. Schorel-Hlavka to Attorney-General Mark Dreyfus for detailed information regarding the proclamation of the 2025 federal election, including the timeline and legal principles surrounding it. It references historical debates and constitutional principles to argue that the Governor-General's proclamations must be published in the Gazette to be valid, and it challenges the legitimacy of claims regarding voting for the Prime Minister. Additionally, the request seeks clarification on the Australian Electoral Commission's actions and the rights of citizens regarding voting and political liberty.
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0% found this document useful (0 votes)
28 views5 pages

20250404-Mr G. H. Schorel-Hlavka O.W.B. Attorney-General Mark Dreyfus-FOI Request

The document is a formal request from Mr. G. H. Schorel-Hlavka to Attorney-General Mark Dreyfus for detailed information regarding the proclamation of the 2025 federal election, including the timeline and legal principles surrounding it. It references historical debates and constitutional principles to argue that the Governor-General's proclamations must be published in the Gazette to be valid, and it challenges the legitimacy of claims regarding voting for the Prime Minister. Additionally, the request seeks clarification on the Australian Electoral Commission's actions and the rights of citizens regarding voting and political liberty.
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We take content rights seriously. If you suspect this is your content, claim it here.
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Page 1

1
2
3 Attorney-General Mark Dreyfus 4-4-2025
4 Email [email protected],
5
6 Cc: [email protected]
7
8 Re: 20250404-Mr G. H. Schorel-Hlavka O.W.B. Attorney-General Mark Dreyfus-FOI request
9
10 Sir,
11 hereby with or without FOI Act request I seek to be provided with all relevant details/
12 information regarding the proclamation of the claimed 2025 federal election, including when the
13 Governor-General signed the proclamation, when did the Special Gazette Officer request the
14 Government Printer to print the Special Gazette (and its associated number), when did the
15 Government Printer actually print the Special Gazette and so the number of copies, the number
16 of copies provided to each and every state/Territory as well as the Commonwealth and so the
17 time of date of doing so. Also, the relevant links to the Special Gazette, etc.
18
19 Hansard 2-4-1891 Constitution Convention Debates
20 QUOTE Sir SAMUEL GRIFFITH:
21 The practice in England has been that when the House of Commons is dissolved, the
22 Gazette which contains the proclamation, or one issued concurrently, also contains a
23 proclamation summoning a parliament to meet on a given day, and all the writs are
24 appointed to be returned on that day.
25 END QUOTE
26 .
27 Hansard 2-4-1891 Constitution Convention Debates
28 QUOTE Sir SAMUEL GRIFFITH:
29 According to the English practice there is always a parliament either summoned or
30 prorogued. Coincident with the dissolution of the old parliament is the proclamation
31 calling the new parliament
32 END QUOTE
33
34 Therefore the legal principle embedded in the Commonwealth of Australia Constitution Act
35 1900 (UK) is and remains to be that any proclamation by the Governor-General only is valid
36 when the signed proclamation is published in the Gazette/Special Gazette. I remind you that this
37 issue was extensively canvassed by me when representing myself in both cases of AEC v
38 Schorel-Hlavka and neither the Commonwealth DPP for the AEC or the 9 Attorney-Generals
39 opposed what I had submitted in my successful appeals on 19-6-2006 (County Court of Victoria,
40 Case numbers T01567737 & Q10897630) and as such remained unchallenged and hence
41 constitutionally applicable.
42
43 I remind you upon it that the Framers of the Constitution provided for:
44

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1 Hansard 2-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
2 Convention)
3 QUOTE Mr. DEAKIN (Victoria).-
4 The record of these debates may fairly be expected to be widely read, and the
5 observations to which I allude might otherwise lead to a certain amount of
6 misconception.
7 END QUOTE
8
9 The following should also be properly understood:
10
11 HANSARD 17-3-1898 Constitution Convention Debates
12 QUOTE Mr. DEAKIN.-
13 What a charter of liberty is embraced within this Bill-of political liberty and religious
14 liberty-the liberty and the means to achieve all to which men in these days can reasonably
15 aspire. A charter of liberty is enshrined in this Constitution, which is also a
16 charter of peace-of peace, order, and good government for the
17 whole of the peoples whom it will embrace and unite.
18 END QUOTE
19 And
20 HANSARD 17-3-1898 Constitution Convention Debates
21 QUOTE
22 Mr. SYMON (South Australia).- We who are assembled in this Convention are about to
23 commit to the people of Australia a new charter of union and liberty; we are about to
24 commit this new Magna Charta for their acceptance and confirmation, and I can
25 conceive of nothing of greater magnitude in the whole history of the peoples of the
26 world than this question upon which we are about to invite the peoples of Australia to
27 vote. The Great Charter was wrung by the barons of England from a reluctant king. This
28 new charter is to be given by the people of Australia to themselves.
29 END QUOTE
30 And
31 HANSARD 17-3-1898 Constitution Convention Debates
32 QUOTE
33 Mr. BARTON.- We can have every faith in the constitution of that tribunal. It is appointed
34 as the arbiter of the Constitution. . It is appointed not to be above the Constitution, for
35 no citizen is above it, but under it; but it is appointed for the purpose of saying that
36 those who are the instruments of the Constitution-the Government and the
37 Parliament of the day-shall not become the masters of those whom, as to the
38 Constitution, they are bound to serve. What I mean is this: That if you, after making
39 a Constitution of this kind, enable any Government or any Parliament to twist or
40 infringe its provisions, then by slow degrees you may have that Constitution-if not
41 altered in terms-so whittled away in operation that the guarantees of freedom which
42 it gives your people will not be maintained; and so, in the highest sense, the court you
43 are creating here, which is to be the final interpreter of that Constitution, will be such a
44 tribunal as will preserve the popular liberty in all these regards, and will prevent,
45 under any pretext of constitutional action, the Commonwealth from dominating the
46 states, or the states from usurping the sphere of the Commonwealth.
47 END QUOTE
48
49 Do keep in mind that “political liberty” exists within the confines of the provisions of the
50 Commonwealth of Australia Constitution Act 1900 (UK) and not in conflict thereof. As such,
51 any Australian is bound to act within constitutional confinement or otherwise relinquish the
52 Australian nationality (Subject of the British Crown) as I successfully litigated in AEC v
53 Schorel-Hlavka on 19-7-2006 that there is constitutionally no such thing as “Australian
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1 Citizenship” being a nationality, as it merely defines the abode of a person regardless of the
2 persons nationality.
3
4 While I am aware that the Commonwealth purportedly legislated as to the FOI Act in real terms
5 this violates the legal principles embedded in the constitution this as the Commonwealth has no
6 legislative, executive and/or administrative powers to deny any citizen the rights to obtain
7 relevant details/information, etc. Neither can a purported claim of “NATIONAL SECURITY” if
8 sought to be applied be applicable as the constitution provide no such legal principle for this. It
9 also means that no public servant and/or Minister can deny all and/or part of a request this also
10 as it would undermine the rights of any citizen to be aware of all relevant details/information
11 relevant to any political election.
12
13 I also require all relevant details/information as to when, if ever at all, the AEC has taken action
14 against any person claiming that a federal election is about who shall become and/or remain
15 Prime Minister and/or in government, as our constitution doesn’t provide for the election by
16 electors of who shall be Prime minister and/or who shall be elected into government, this as the
17 Governor-General ultimately determines who shall be in government and /or Prime Minister. As
18 such, any claim by any person that an election is to vote for a Prime Minister and/or who shall be
19 in government is a falsehood/fraud.
20
21 Further, I require all and any information/details as to the publication of writs (and so relevant
22 internet links) and also that the AEC has published the writs with showing that the 3-year
23 maximum period of any period in government commenced from the day of the return of the writs
24 and so any election must be held in such manner that the following return of the writs do not
25 exceed the maximum 3 year period.
26
27 Further, to provide all and any information/details showing that all and any former Member of
28 Parliament of the House of Representatives is prohibited to use taxpayers funding regarding
29 travelling and other election expenses. This, as once the Governor-General dissolved the House
30 of Representatives all and any Member of the House of Representatives by this no longer are
31 Members of Parliament and no longer entitled to any allowance. Those Members of the House of
32 Representatives who are holding a portfolio as a Minister may for a duration of maximum 3
33 months (Section 64) continue to serve as Minister (regardless of not having been re-elected)
34 unless the governor-General has appointed another person to the particular portfolio to replace
35 the Minister of that portfolio.
36 Further, I require information/details as to any Member of Parliament who acted as a purported
37 Minister assisting a Minister be held disqualified to a candidate in a political election such as in
38 2025 this because the Framers of the Constitution specifically stated that a “responsible
39 Minister” is there and this and so only one person can be a “responsible Minister” for any
40 portfolio.
41
42 Again:
43
44 HANSARD 10-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
45 Australasian Convention)
46 QUOTE Mr. BARTON (New South Wales).-
47 Then, again, there is the prerogative right to declare war and peace, an adjunct of which it
48 is that the Queen herself, or her representative, where Her Majesty is not present, holds that
49 prerogative. No one would ever dream of saying that the Queen would declare war or
50 peace without the advice of a responsible Minister.
51 END QUOTE
52
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1 Clearly “the advice of a responsible Minister” indicates one person being responsible.
2
3 With former PM Scott Morrison there were allegedly various commissions to other portfolios
4 however, as the Governor-General had no published such appointments in the Gazette/Special
5 Gazette those appointment had no constitutional legal force, in that regard also!
6
7 Further, a Prime Minister is only commissioned for the Office of the Prime Minister and Cabinet
8 and cannot exercise any powers such as “foreign Affairs” (External Affairs) because the
9 responsible Minister is the Minister for Foreign Affairs. Likewise, so with other
10 Departments/portfolios.
11
12 Also, I require information/details as to what, if any, action has been taken regarding the
13 false/misleading claims that electors can vote for who shall be in government/become Prime
14 Minister in past and current elections.
15
16 As you ought be well aware of that there is a separation of powers which prevent any
17 government, so any government entity, to fine any person for alleged violation of legal
18 provisions, as at the most a person alleged to have violated a legal provisions can be advised that
19 a legal action be taken for the courts to determine what, if any, punishment shall be ordered
20 against a person convicted of violating a legal provision. As I do not intent to vote (again) and
21 the AEC is well aware that it cannot fine me because it is my constitutional rights to decide to
22 vote or not exercising my “political liberty” sand/or “religious liberty”, the latter one relates to
23 any elector regardless if holding a religious belief or not, and therefore the AEC or for that any
24 State/Territorian government neither can blatantly interfere with this “political liberty” sand/or
25 “religious liberty”, and as such I require all and/any information/details as to the AEC
26 (Australian Electoral Commission) advising electors that voting is on a volunteer basis and no
27 one can be fined for not voting in any political election.
28
29 QUOTE County Court of Victoria, Case numbers T01567737 & Q10897630
30 QUOTE 4-6-2006 CORRESPONDENCE FAXED 10.36 pm 4-6-2006
31 WITHOUT PREJUDICE
32 Commonwealth Director of Public Prosecutions 4-6-2006
33
34 C/o Judy McGillivray, lawyer
35 Melbourne Office, 22nd Floor, 2000 Queen Street, Melbourne VIC 3000
36 GPO Box 21 A, Melbourne Vic 3001
37 Tel 03 9605 4333, Fax 03 9670 4295 ref; 02101199, etc
38 T01567737 & Q01897630
39 AND WHOM IT MAY CONCERN
40
41 Re; “religious objection” (Subsection 245(14) of the Commonwealth Electoral Act 1918)
42 offend Section 116 if the Constitution if it excludes secular belief based objections.
43
44 Madam,
45 As you are aware I continue to refer to my religious objection albeit do wish to indicate
46 that while using the “religious objection” referred to in subsection 245(14) of the
47 Commonwealth Electoral Act 1918 I do not consider that this subsection 14 limits an objection
48 only to an “theistic belief” based “religious objection” but in fact it also includes any secular
49 belief based “religious objection”, as it must be neutral to whatever a person uses as grounds for
50 an “objection”. This, as Section 116 of the Constitution prohibit the Commonwealth of
51 Australia to limit the scope of subsection 245(14) to only “theistic belief” based “religious

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Page 5

1 objections”. Therefore, any person having a purely moral, ethical, or philosophical source of
2 “religious objection” have a valid objection.
3 Neither do I accept that a person making an “religious objection” requires to state his/her
4 religion, and neither which part of his/her religion provides for a “religious objection” as the
5 mere claim itself is sufficient to constitute what is referred to in subsection 245(14) as being a
6 “religious objection”. Therefore, the wording “religious objection” is to be taken as “objection”
7 without the word “religion” having any special meaning in that regard.
8 If you do not accept this as such, then there is clearly another constitutional issue on foot!
9 I request you to respond as soon as possible and set out your position in this regard.
10
11 Awaiting your response, G. H. SCHOREL-HLAVKA
12 END QUOTE 4-6-2006 CORRESPONDENCE FAXED 10.36 pm 4-6-2006
13 END QUOTE County Court of Victoria, Case numbers T01567737 & Q10897630
14
15 Again, neither the Commonwealth DPP (for the AEC) and/or any of the 9 Attorney Generals
16 challenged me on this either in my successful appeals and hence conceded I was correct with my
17 submissions.
18
19 As a senior citizen I am entitled to any remission of fees and this regardless if these requests are
20 deemed within the FOI Act or not. After all, the Government (nor the parliament) can restrict the
21 constitutional rights of a citizen to be provided with all and any relevant details/information
22 regarding any “political election”!
23
24 Considering the alleged political election to be held on 3 May 2025 then I require all relevant
25 details/information referred to above to be provided to me no later than 2 weeks before the
26 purported political election is claimed to be held on 3 May 2025.
27
28 Relevant details can be further explored at my blog https://www.scribd.com/inspectorrikati and I
29 do not charge for anyone downloading the documents published.
30
31 This document is not intended and neither must be perceived to address all relevant issues
32 and neither are issues referred to in any order of importance.
33
34 We need to return to the organics and legal principles embed in of our federal constitution!
35
36 This correspondence is not intended and neither must be perceived to state all issues/details.
37 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

38 MAY JUSTICE ALWAYS PREVAIL®


39 (Our name is our motto!)

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