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1
2
3 The Hon Ken Wyatt AM, MP, Minister 24-9-2019
4 Email Ken.Wyatt.MP@aph.gov.au
5
6 Cc: The Hon Gavin Jennings
7 gavin.jennings@parliament.vic.gov.au
8
9 Ms Kate Thwaites MP, Member for Jagajaga
10 kate.thwaites.mp@aph.gov.au
11
12 Sir,
13 I yesterday received your 11 September 2019 correspondence and after reading it left it on
14 the table.
15 Today my wife asked me who wrote this “stupid letter”. I had not discussed my writings with her
16 but obviously it was to her nonsense.
17 .
18 Let me explain.
19 I wrote about the issue of the possibility to amend the constitution and all you seem to do claim
20 there is going to be some process. That is what politicians usually will claim when they have
21 their set agenda regardless what others may write about.
22 You are supposed to be a Minister for Aboriginal Affairs to represent all persons who claim to be
23 of Aboriginal descent. Not just representing some group which may claim to represent all
24 Aboriginals.
25 There can be no question about it that the Constitution (Commonwealth of Australia
26 Constitution Act 1900 (UK)) already recognise Aboriginals (Whatever that means!) within
27 ss51(xxvi) as to be like “coloured” “inferior” “race” like “aliens”. Yes this is the stupidity of the
28 1967 referendum that notably was supported by the United nations, at least as I understand it, to
29 delegate Aboriginals instead of being equal to other Australians to be deemed equal to “aliens”.
30 If you do not and likely never did understand/comprehend this then you better learn what it is to
31 be a “constitutional adviser” as a Minister.
32
33 It is the same as with the issue of “CITIZENSHIP” where you got even the High Court of
34 Australia failing to grasp what it really in constitutional terms stands for.
35 The constitutional term for “CITIZEN” means to reside at a particular location and has
36 absolutely nothing to do with nationality.
37 Let it be clear that on 19 July 2006 I succeeded in both appeals unchallenged where this was a
38 legal issue I raised and as such entitled to the benefits of my successful appeals.
39 .
40 Hansard 20-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
41 Australasian Convention)
42 QUOTE
43 Clause 120-In reckoning the numbers of the people of a State or other part of the Commonwealth aboriginal
44 natives shall not be counted.

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1 Dr. COCKBURN: As a general principle I think this is quite right. But in this colony, and I suppose
2 in some of the other colonies, there are a number of natives who are on the rolls, and they ought not to
3 be debarred from voting.

4 Mr. DEAKIN: This only determines the number of your representatives, and the aboriginal
5 population is too small to affect that in the least degree.

6 Mr. BARTON: It is only for the purpose of determining the quota.

7 Dr. COCKBURN: Is that perfectly clear? Even then, as a matter of principle, they ought not to be
8 deducted.

9 Mr. O'CONNOR: The amendment you have carried already preserves their votes.

10 Dr. COCKBURN: I think these natives ought to be preserved as component parts in reckoning up
11 the people. I can point out one place where 100 or 200 of these aboriginals vote.

12 Mr. DEAKIN: Well, it will take 26,000 to affect one vote.

13 Mr. WALKER: I would point out to Dr. Cockburn that one point in connection with this matter is, that
14 when we come to divide the expenses of the Federal Government per capita, if he leaves out these
15 aboriginals South Australia will have so much the less to pay, whilst if they are counted South
16 Australia will have so much the more to pay.

17 Clause, as read, agreed to.

18 END QUOTE
19
20 A proper reading of the Hansard Constitutional Convention debates show that Section 127 was
21 because of the financial issue involving WA (Western Australia) and not at all because of being
22 against Aboriginals (Whatever that means!).
23
24 Aboriginals are all over the world and as I understand it when in Tasmania they tried to do a test
25 as to discover who were genuine Aboriginals they were unable to succeed in this.
26 I understand that “race” cannot be determined by DNA.
27 Aboriginals to my understanding were at times in conflict of each other, and annihilating some
28 groups, etc, They didn’t have a common language and certainly not some PRIVATELY
29 OWNED FLAG shared between them.
30

31
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1 I understand that Mr Patrick Byrt QC was a barrister working with South Australia Aboriginal
2 Legal Service at the time (2004) when he sought my assistance to create a flag that could
3 represent ALL RACES.
4
5 In my view this above shown flag would be more appropriate in that it is not for any particular
6 race. What it means is that instead of keeping other groups such as Torres Strait Islanders out of
7 it this flag unite all.
8
9 What we now have is some concocted purported Aboriginal flag that is privately owned, I
10 warned against for decades, and now some business purchased the rights and charge others for
11 its usage.
12
13 Neither Mr Patrick Byrt QC or myself have pursued this kind of conduct to try to make money
14 from this flag design. We were in it to seek to come to a solution where all races can join under
15 without anyone making monies from it.
16
17 What you are on about to pursue some referendum is to cause further and additional division
18 amongst Australians.
19
20 What you appear to be on about it to “recognise” Aboriginals as the “first people” even so they
21 may not have been, not even in part.
22 It is like saying that the Caucasian people are the “First People” in Europe, regardless that
23 Caucasian race is divided in numerous groups and also over different countries and like the so
24 called Aboriginal were killing each other in the past.
25
26 So what really constitute an Aboriginal as being deemed to be “The First People”?
27
28 Is it someone who’s parents migrated decades ago to say India and where he was born and when
29 he then comes to Australia he can claim to be “The First people”? and perhaps claim special
30 rights above that of Australian native born persons?
31
32 How are you going to define in the constitution which “Aboriginal” tribes originally where “The
33 First people”?
34
35 Or are you simply putting it all together as some soup and well who cares about the injustices
36 caused to the original group that resided in what is now called Commonwealth of Australia?
37
38 One of my daughter’s first cousin is the mother of 5 children who’s father is of Aboriginal
39 descent. The children were all Australian native born children as was my daughter. So are you
40 proposing that my daughter is less in status and rights then the children of her first cousin?
41
42 The Commonwealth of Australia was designed upon the basis that all native born persons were
43 equal. Yet, Aboriginals are stirring the pot to pursue more rights. Numerous false claims have
44 been made against the British who settled in what is now known as the Commonwealth of
45 Australia. Where are the claims against the Dutch who cultivate in what is now Western
46 Australia settling there in the 1600’s?
47
48 Much is claimed that so called “Elders” of Aboriginal groups know the history passed down to
49 them. Well one so called Aboriginal “Elder” had relatives of a more cooper skin colour. I
50 explained to this “Elder” that this was the result from the mixture of Dutch and then native

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1 groups residing in WA. That French log books recorded seeing copper coloured persons with
2 white/blond hair and huts similar to the Dutch huts and land cultivated.
3
4 So, you may hold that technically the captain did bring with him the Dutch rule of law and so
5 WA was already under Dutch law. Say that hypothetically DNA of WA Aboriginal people is
6 traced to my family would this then mean that I could lay claim upon WA?
7
8 Let us be very clear about it that the High Court of Australia never had any judicial powers to by
9 backdoor manner alter the true meaning and application of the constitution. Hence, any judgment
10 that violates the true meaning and application of the constitution is utterly and totally worthless.
11 .
12 The amendment of ss51(xxvi) was purportedly done by referendum in 1967 as to give
13 Aboriginals (Whom ever they are) equal status but reality is that it achieved the opposite.
14
15 Aboriginals had already equal status for Commonwealth purposes. Section 41 of the constitution
16 didn’t deny Aboriginals to vote in elections. In fact some Aboriginals already voted in the first
17 federal election in 1901.
18 .
19 What Ss 51(xxvi) actually stood for was to “DISCRIMINATE” against certain races. The 1967
20 referendum did not seek to change this! As such all Aboriginals did achieve was to vote to be
21 “DISCRIMINATED” against!
22
23 There is a lot more to it but safe to say that in my view you are doing a shoddy job!
24
25 Try for once to make some (common) sense and bother to learn what it is really about.
26 In my view you are harming the cause of Aboriginal descendants more then you may realise.
27 And causing division by ignorance is no excuse.
28
29 You are welcome to contact me for further details if you desire to do so. Due to a hearing
30 disability I prefer to communicate via email but you can text me via my mobile 04 250 299 44.
31
32
33 This correspondence is not intended and neither must be perceived to address all issues.
34 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

35 MAY JUSTICE ALWAYS PREVAIL®

36 (Our name is our motto!)
37

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