Coming Referendum Fails Constitutional Rules

Queensland Government Treasury Buildings, Quee...

Queensland Government Treasury Buildings, Queen Street, Brisbane, ca.1907 (Photo credit: State Library of Queensland, Australia)

The coming referendum has failed the Constitutional Rules, and the State Governments and Federal Parliament have already not adhered to its conventions.  The Australian Constitution has been changed illegally over a hundred times without Referendum by various governments who just ignore it’s directions in how government should be run.  For instance, the Gonski plan for Education is an utter farce as the Federal Government has no rights to impose a national curriculum on States.  It sounds good in theory, however a National curriculum sets the boundaries for what can be taught in schools that are funded by the government.

The subject of history is particularly problematic, given that lies told often enough, become truth, and our young are led astray, as their whole world view becomes skewed.  Take for example the fact that schools used to teach that Australia was “settled”, but now the High Court has declared in a historic decision, that Australia was not settled, but was rather “invaded”. Simple enough declaration, but this hidden history also hid the genocide that was carried out in the name of the imperialist seeking Crown.

Another problem in our schools is that schooling is focused on “industry” which is short-lived, especially technology.   A classical education teaches literature (not English), classical art and music and critical thinking by using logic among other subjects.  There consists a communist conspiracy to dumb down our children which started after WWII, picking up the pace as each decade progressed.

In essence, the Gonski Funding plan is a red herring because improving education starts with what is considered “education” not the funding of such.  Children could receive as good an education in a park, but its nice to have a roof incase it rains, and technology as an aid to learning.  To read a free e-book called the ‘Dumbing Down of America’ by Charlotte Iserbyt, see the link in the side bar under Free E-books.

However, back to the Referendum, below is a copy of a letter I received which was sent to Senator Smith by Mr G. (Gerrit) H. Schorel-Hlavka O.W.B., where he asks why they are even bothering to ask people?  It is of course another trick question, which is to allow bigger government which means more and more and more taxes, until Australians wake up enough to march in the streets.

Break your trance, wake up and smell the tyranny.


Email sent to:

Dear Senator Smith,

I am a CONSTITUTIONALIST, and have grave concerns about the coming referendum (re s96), and the misleading details provided about it.

As a retired Professional Advocate I view that any debate about the legal consequences of a s96 amendment must be FAIR and PROPER.

In my view, to amend s96 would be dissasterous. I would undermine the very principles embedded in the constitution.

 Hansard 17-3-1898 Constitution Convention Debates
QUOTE Sir EDWARD BRADDON.- When we consider how vast the importance is that every word of the Constitution should be correct, that every clause should fit into every other clause; when we consider the great amount of time, trouble, and expense it would take to make any alteration, and that, if we have not made our intentions clear, we shall undoubtedly have laid the foundation of lawsuits of a most extensive nature, which will harass the people of United Australia and create dissatisfaction with our work, it must be evident that too much care has not been exercised.  END QUOTE

.Hansard 8-2-1898 Constitution Convention Debates
QUOTE:  Mr. OCONNOR (New South Wales).-The honorable and learned member (Mr. Isaacs) is I think correct in the history of this clause that he has given, and this is [start page 672] one of those instances which should make us very careful of following too slavishly the provisions of the United States Constitution, or any other Constitution. No doubt in putting together the draft of this Bill, those who were responsible for doing so used the material they found in every Constitution before it, and probably they felt that they would be incurring a great deal of responsibility in leaving out provisions which might be in the least degree applicable. But it is for us to consider, looking at the history and reasons for these provisions in the Constitution of the United States, whether they are in any way applicable; and I quite agree with my honorable and learned friend (Mr. Carruthers) that we should be very careful of every word that we put in this Constitution, and that we should have no word in it which we do not see some reason for. Because there can be no question that in time to come, when this Constitution has to be interpreted, every word will be weighed and an interpretation given to it; and by the use now of what I may describe as idle words which we have no use for, we may be giving a direction to the Constitution which none of us now contemplate. Therefore, it is incumbent upon us to see that there is some reason for every clause and every word that goes into this Constitution.  END QUOTE

.I would also urge you to pursdue the s101 Inter-State Commission, which the Framers of the Constitution held should always be in place. It means that the Inter-State Commission and not a political minded government would be dealing with funding to what may be in the interest of each State,

.Hansard 1-3-1898 Constitution Convention Debates
QUOTE:  Mr. WISE.If the Federal Parliament chose to legislate upon, say, the education question-and the Constitution gives it no power to legislate in regard to that question-the Ministers for the time being in each state might say-“We are favorable to this law, because we shall get £100,000 a year, or so much a year, from the Federal Government as a subsidy for our schools,” and thus they might wink at a violation of the Constitution, while no one could complain. If this is to be allowed, why should we have these elaborate provisions for the amendment of the Constitution? Why should we not say that the Constitution may be amended in any way that the Ministries of the several colonies may unanimously agree? Why have this provision for a referendum? Why consult the people at all? Why not leave this matter to the Ministers of the day? But the proposal has a more serious aspect, and for that reason only I will ask permission to occupy a few minutes in discussing it.  END QUOTE

This too indicates that Education is a State matter and Commonwealth fuinding cannot be used to interfere and undermine State authority as to education as now is being done.

The (federal) constitution, in which the States in s106 are created, has a principle of separation of powers between the legislators, the executive and the judiciary. Municipal councils clearly have no such doctrine within themselves.

The Framers of the Constitution referred to the “State Government” as being the “Local Government“, and the “Federal Government” being the “central government”. It begs the question; How can “municipal councils” be a “local government” when the State Governments, that is constitutionally, already are their “local governments”?

Also, if “municipal councils” are corporations in some States and in NSW and Queensland now (since 2012) part of the Crown, then how can one elect councils for a State Department, as councils are once they become part of the Crown?

Also, consider the wage and other cost explosions once councillors take the position that they are entitled as Members of Parliament(s), for the same remunerations, perks, etc?

As you are a Senator to represent State interest, I look forwards to hear from you.

This email is very limited in context because it may turn you off if I sent a large volume, but my blog has numnerous documents regarding constitutional issues.

For the record, I defeated on 19 July 2006, in the County Court of Victoria, the Commonwealth as to compulsory voting as the Framers of the Constitution held that registration and compulsory voting legislative powers should not be given to the Commonwealth.

 Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) 
QUOTE Mr. ISAACS.-We want a people’s Constitution, not a lawyers’ Constitution.END QUOTE

Lawyers tend to misinterpret what the true meaning and application of the constitution is about.


Mr G. (Gerrit) H. Schorel-Hlavka O.W.B.

Blog (constitutional issues)


Local Australian Councils seek Constitutional Recognition as Local Government for Tax Extortion


English: Map of Australian local government ar...

English: Map of Australian local government areas, created from data from the ABS. {| cellspacing=”8″ cellpadding=”0″ style=”width:100%; clear:both; margin:0.5em auto; background-color:#f9f9f9; border:2px solid #e0e0e0; direction: ltr;” class=”layouttemplate licensetpl” |64px|link=|GNU head | Wm-license-gfdl-1.2-and-later GFDL GNU Free Documentation License true true |} Australian local government areas.pngAustralian local government areas.png (Photo credit: Wikipedia)

Why does your Council desperately want recognition in the Constitution ?

An “expert” panel is commissioned by the Gillard government to try to figure out how to squirm into power, their unlawful and unconstitutional Local Government (ie – your Local Council).

The “expert” panel wants Australians to vote for a change to our Commonwealth Constitution, which would give local government (Councils) recognition.

This shows 2 blatant facts

1 – The Government knows that the Constitution and Common Law prevail,

2 – The very fact that there is a move to have Councils recognised is PROOF that they are NOT recognised.

And why did our wise founding fathers who drafted the Constitution deliberately exclude Local Govt.? Simple – to prevent local dictatorships, harassment and corruption in towns, communities and cities. Read – The Origins of Common Law by Arthur R Hogue (Liberty Press)




Local Councils are PRIVATE COMPANIES with ABNs Their By-laws and Statutes apply only to their own staff. Their true purpose is to provide essential services + maintenance.

If they become “government” your rates will soar unabated.

Local government and the associated “Acts”(illegal) that support it have reverted us back to the dark ages before the Magna Carta and the Bill of Rights. We are now subject to “off with their heads legislation” … all done without mandate.  If Local Governments are are legally recognised their agenda will be to bring each locality under the United Nations Agenda 21 Club of Rome’s plan, which is to abolish State Governments and to break our country up into smaller more manageable regions to help bring about the New World Order plan of forced population reduction.

The respective State Local Government Acts (illegal) seek to enable council staff to commit trespass, theft, debt bondage and extortion, And yet this “panel” and the political parties think this abuse of power deserves Constitutional recognition. We are now faced with the Stalinist anti-freedom political conditions today as the people faced under James II. Bring on the next Glorious Revolution.

What people want, is a reduction in the cost of living and the right to the quiet enjoyment of their hard won private property, without harassment and State sponsored extortion.

Local Councils in Referendum 1988 (This was the 3rd attempt since 1901) Question 3 from the referendum was: A Proposed Law; ‘To alter the Constitution to recognise local government.’ Do you approve of this alteration ?

The SPECIFIC (Federal Referendum) proposal was: Constitution Alteration (Local Government) 1988…. 119A, It asked you the people …

“Each state shall provide for the establishment and continuance of a system of local government, with local government bodies elected in accordance with the laws of the state, and empowered to administer, and make BY-LAWS FOR, their respective areas in accordance with the laws of the state”

Note the words – establishment and continuance – for reasons stated before, Local Councils were not lawfully established as Government and the referendum asked your permission for them to be so.

The entire 1988 referendum was REJECTED by the will of the people. It obtained NO majority in any State and an overall minority of 3,084,678 votes.

So why do they desperately want recognition ?

Simple – if councils and staff, (ie – those “wannabe policemen and women”) don’t get it, they could all end up in jail or lose their jobs. The general public is starting to wake up to their fraud and extortion tactics to obtain revenue to feed their own bureaucracy.

When we DO see a referendum, and once again, thinking people vote “NO”, then thousands of major Writs need to be prepared now and placed in “ALL” courts around Australia charging local councillors personally for their past theft and extortion via rates, parking fines, land taxes ….. and don’t for a moment think those in admin are ignorant of their actions … they know exactly !

 Local Councils are PRIVATE COMPANIES with ABNs Their true purpose – to provide essential services + maintainence.

If this was done without their top heavy bureaucracy, your rates would be a fraction of what they are now

President of the Local Government Association of Queensland, Paul Bell says “if there aren’t changes, direct funding by the Commonwealth for programs like the Roads to Recovery could be in jeopardy. 99 per cent of it spent on roads that are not able to be funded through local rates.” (so where is your License and car registration money going now ?)

Paul Bell says that in some instances, communities want to work with the Australian government directly rather than via their state government.   He accepts there is likely to be opposition by a number of States.  “They like to be able to control the size, the shape and how local governments in their state work.” .. “We as local government are part of the constitution of the State,

NOTE – what is not said is that State Constitutions are fraudulent as they have never been approved by the electorate at referendum and are in breach of Sec 109)

And he says – “but what we are saying is where in the local interest, there is a national opportunity for the Australian government to work directly with local communities, that should be able to happen legally.” In other words, they know they are NOT currently acting legally and are charging monies illegally.

As part of Labor’s negotiation to form a minority government, Julia Gillard gave an undertaking to hold a referendum on indigenous recognition in the Constitution as well as constitutional recognition for local government. (I’m sure the indigenous people are NOT so excited about this nonsense And remember, we are being dictated to by a few independents who betrayed their own electorates)

 Local Councils are PRIVATE COMPANIES with ABNs
Their true purpose – to provide essential services + maintainence

Don’t say, “There’s nothing I can do!” There is!! …….

The public need this information and it is up to you to place a hard copy in their hands. It is NOT ENOUGH to just sit and forward this email to a few who might do likewise. If you care for your neighbour, yourself, your children and their future, print many copies, leave your beloved computer for a while and letterbox your area, your club and everyone in your Church. 1000 leaflets will cost you about $60.

If you choose not to, then expect more rules, harassment, fines and massive rates increases.

Love thy neighbour as thyself.
All that is necessary for the triumph of evil
is that good men do nothing.

Print a copy of the leaflet here:

Australia’s Tweed Shire Council Exposed

Gold Coast City

Corruption in the Tweed Shire Council !?  Read this document to find how the Tweed Local Council are spending ratepayers money on lawsuits, many which they have lost.  Read how developments have been approved in known flood zones, and why the Light Rail should not be something that is funded by the ratepayer.  Further councils are not able to:

  • Act as a government and impose taxation
  • Act as lawmakers and impose fines
  • Act as a property valuer or property agents
  • Act as a business or enterprise
  • Act as investment bodies for the ratepayers

Join other ratepayers by legally boycotting your rates – current lawsuit in the District Court – Jeffree v Gold Coast City Council.  Print this flyer by the Commonwealth Alliance (the voice of the people) and distribute widely.  Print this pro-forma letter to send to your local council.

Not sure?  This letter from the Attorney-General confirms that the Australian Constitution does not recognize local government, and every motion to have Local Government recognized in the Australian Constitution has failed in every referendum ever put to the people.