20191221-PRESS RELEASE Mr G. H. Schorel-Hlavka O.W.B. ISSUE - Re Should volunteers be compensated?

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

* Gerrit, do you view “volunteers” should be compensated appropriately?

**#** INSPECTOR-RIKATI®, it is a legal principle in our constitution the Commonwealth of
Australia Constitution Act 1900 (UK) that certain volunteers are to be appropriately
compensated for their time away from work, etc.
* Surely you are kidding?
**#** Not at all!
Consider the article:
https://www.abc.net.au/news/2019-12-21/how-to-engage-your-deep-reading-brain-to-combat-digital-
screens/11819682
Deep reading has become a lost art as digital screens take over, but you can retrain your brain
QUOTE WA Governor Kim Beazley

"A digi brain cannot connect with deep moral context," he said.
END QUOTE WA Governor Kim Beazley

I have experienced this often with opponent lawyers and judicial officers where they lack a
proper understanding as to what they read about.
My benefit was to come to Australia nearly 50 years ago not knowing the English language and
so questioning the meaning of words other took for granted as to a certain associate meaning. I
was able to use this very successfully in litigation also.
* OK, you claim it is a legal principle embedded in the constitution but I cannot find a single
word in the constitution that shows this word being used.
**#** That is because you read the constitution as words!

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

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

WATSON v_ LEE (1979) 144 CLR 374;( JUDGE3 STEPHEN J.)

QUOTE
As Scott L.J. said in Blackpool Corporation v. Locker (1948) 1 KB 349, at p
361 , speaking there of sub-delegated legislation, "there is one quite general
question . . . of supreme importance to the continuance of the rule of law
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 under the British constitution, namely, the right of the public affected to
know what that law is". The maxim that ignorance of the law is no excuse forms the "working
hypothesis on which the rule of law rests in British democracy" but to operate it requires that "the
whole of our law, written or unwritten, is accessible to the public - in the sense, of course, that at any rate
its legal advisers have access to it at any moment, as of right".
END QUOTE

HANSARD 19-4-1897 Constitution Convention

QUOTE Mr. CARRUTHERS:
Mr. Barton first of all recites Dicey to show what occurs under the unwritten Constitution of
England. But here we are framing a written Constitution. When once that Constitution is framed we
cannot get behind it.
END QUOTE

HANSARD 17-3-1898 Constitution Convention Debates

QUOTE
Mr. BARTON.- Of course it will be argued that this Constitution will have been made by the
Parliament of the United Kingdom. That will be true in one sense, but not true in effect, because the
provisions of this Constitution, the principles which it embodies, and the details of enactment by which
those principles are enforced, will all have been the work of Australians.
END QUOTE
.
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
Mr. BARTON.- Having provided in that way for a free Constitution, we have provided for an
Executive which is charged with the duty of maintaining the provisions of that Constitution; and,
therefore, it can only act as the agents of the people.
END QUOTE
.
Hansard 2-3-1898 Constitution Convention Debates
QUOTE

Mr. SYMON.-It is part of the unwritten law of the Constitution that a religion shall not be established.

END QUOTE

HANSARD 17-3-1898 Constitution Convention Debates

QUOTE
Mr. DEAKIN.- In this Constitution, although much is written much remains unwritten,
END QUOTE

A so called “Digi brain” would unlikely ever understand let alone comprehend that the
compensation of a volunteer is part of our federal constitution and as the States are created within
Section 106 “subject to this constitution” then the same applied to the states.
.
* Excuse me, are you referring to me as some “Digi brain”?
**#** I am not at all but if you desire to attach that label to yourself then that is your decision.
* So what about volunteer fire fighters?
**#** Because I extensively researched the true meaning and application of the constitution I am
more aware of issues then a “Digi brain” might be.
https://www.abc.net.au/news/2019-12-21/volunteer-firefighters-deserve-compensation/11820016
Should volunteer firefighters get paid?
QUOTE
What entitlements do volunteer firefighters currently get?
The answer is not much.
While volunteer firefighters are entitled to compensation if they're injured while on the ground, they otherwise receive
very little assistance.
Some workers are eligible for up to five days of special leave from work every year to assist volunteer organisations, and
that can be increased in a declared emergency.

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 But for longer bouts of leave, it's entirely up to individual employers as to whether they grant time away from work, and
how that's processed — as fully paid, time in lieu, partly paid or leave without pay.

END QUOTE

*.OK, how are you going to equate this with the constitution?
**#** Well let us have the Framers of the Constitution explain it!

Hansard 2-4-1891 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention)
QUOTE

Clause 45. Each member of the senate and house of representatives shall receive an annual allowance for
his services, the amount of which shall be fixed by the parliament from time to time. Until other
provision is made in that behalf by the parliament the amount of such annual allowance shall be five hundred
pounds.

Mr. WRIXON: I am not going to violate my own rule, and raise a point on the drafting here, except to
suggest to the hon. member in charge of the bill that the wording is not, I think, the best that could be
adopted. I think that to describe the payment mentioned in the clause as an allowance for services is a
misdescription. It is really an allowance for the reimbursement of expenses.

Mr. CLARK: We argued that out in committee!

Mr. WRIXON: I should prefer to see the wording which is used in some of the statutes of those
colonies which have adopted payment of members, namely, that it should be put as the reimbursement
of expenses, because otherwise you get into the public mind the idea that members of parliament are
actually paid a salary for their work, which they are not.

Mr. MARMION: I do not see why these words "for their services" should be included at all. Why not say
that each member of the senate, and of the house of representatives, shall receive an annual allowance? I
move as an amendment:

That the words "for his services," line 3, be omitted.

Mr. GILLIES: I beg to move:

That the Chairman report progress, and ask leave to sit again to-morrow.

If hon. members will take the opportunity of looking at the laws in the several colonies, with reference to the
payment of members, they will find that a series of provisions ought to be inserted in the bill which are not
inserted. If they look at the New South Wales act, they will find provisions which take into consideration the
salaries that are paid to ministers, to officials, and so on. Some provision is required in order to guard against
officials being paid double. When a member of parliament becomes a minister of the [start page 654]
Crown, the amount he was previously paid as member of parliament lapses. There is no provision of that
kind in the clauses of this bill. It is not at present contemplated in this bill to make any other provision than
the bald provision already made. Surely it is not contemplated that in the event of a member of
parliament who was being paid £500 a year accepting office, he is to receive his salary as a minister of
the Crown plus his salary as a member of parliament. We have to consider these questions in a rational
manner; and to settle a matter of this kind without consideration is not likely to commend it to our own
judgment, and certainly not to the judgment of the public.

Sir SAMUEL GRIFFITH: I certainly think that we have done as much work as we are likely to do well
to-day, and I doubt very much whether the Committee is prepared to give proper attention to further work to-
night. I should like to say a word or two in reference to what the hon. member, Mr. Gillies, has stated in
regard to the absence of provision on matters of detail. The omission was intentional so far as the drafting
committee was concerned, because we thought it was not our business to encumber the constitution
with matters of detail. One of the first things to be done by the parliament of the commonwealth in its first
session would be to settle the salaries of ministers, and a great number of other matters of that kind. We have,

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 therefore, given them power to deal with this subject. We did not think it necessary to make this in an sense a
payment of members bill. We lay down, however, the principle that they, are to receive an annual
allowance for their services, and we thought that it should start in the first instance at £500.

Motion agreed to; progress reported.

END QUOTE

It is clear that Members of Parliament ordinary are not employed at all with the commonwealth
of Australia unless they are in service as a Minister of the Crown. Hence they are all
unemployed unless they have their own self employment outside parliament. It is clear that
Members of parliament therefore are considered “volunteers” who provide their services even
losing the ability to work in private employment and may be as result financially disadvantaged.
Nevertheless the legal principle is in the constitution that certain “volunteers” are to be provided
with compensation called “allowances”

I therefore cannot view why Prime Minister Scott Morrison reported claimed:

https://www.abc.net.au/news/2019-12-21/volunteer-firefighters-deserve-compensation/11820016
Should volunteer firefighters get paid?
QUOTE
Video: Lobethal threatened by SA's Cudlee Creek bushfire. (ABC News)
Prime Minister Scott Morrison has previously rejected calls to pay volunteers, in the face of increasing pressure.
"We are constantly looking at ways to better facilitate the volunteer effort, but to professionalise that at that scale is not a
matter that has previously been accepted and it's not a matter that is currently under consideration by the Government," he
said earlier this month.
But the deaths of two young fathers have shown the sacrifice can be much more than financial.
END QUOTE

What the Prime Minister is in my view saying is that he can live it up with his fellow
parliamentarians, regardless if being a Minister or not, sitting comfortably in the Parliament
away of any dangers but the very people who might be protecting his property and that of other
parliamentarians as well as other citizens they well can risk their lives and own property but not
worthy to be provided with an “allowance”.
Well in my view those “volunteer” fire fighters not only earned my respect but I view should be
appropriately compensated with an “allowance”.
“Volunteer” fire fighters in my view are like a militia protecting the community and it is utter
scandalous to deny them appropriate compensation by an “allowance”. What is good for the
Goose ought to be good for the Gander!
*. Ok you convinced me that that there should be a appropriate “allowance” but should it be State
or Commonwealth?
**#** In my view it should be Federal. This as like pensions and invalid pensions. We must
reward those persons who are really placing their lives on the line to ensure they are not left
financially grossly out of pocket. I would view that if a “volunteer” is employed the employer is
provided say a $25 a day compensation when the employee is involved in fire fighting as a
“volunteer”, as this may enable more employers to release “volunteer” from work. After all it can
be financial harmful to a business also. The “volunteer” in my view should say have a
compensation equal to the minimum wage hourly pay. Also compensation for driving his/her
own motor vehicle for any firefighting purpose. Also some monies towards the cost of meals,
etc.
*.Oh boy that is going to cost a lot!

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**#** No where near what is being handed out to politicians who park their behinds on some
seats in the Parliament well away from the fire dangers.
*.And that is it?
**#** Actually I would hold that the Federal Government must drastically clamp down of the
Chief Officers of the fire brigades that they do their job appropriately. After all when I filed
recently an appeal I had the response that the Chief Officer didn’t know what to do with it and
nothing came from it as was in 2016, this even so it is part of the Country Fire Authority Act
(Vic). I was reporting over some 7 years the disregard of ongoing fire dangers and I view this
needs to be clamped down upon as it needlessly places “volunteer” fire fighters in harms way.
*. Give an example, will you?
**#** Councils are pestering private property owners with fined of $1,625 or more if they do not
have the weed, etc, lower than 100 mm and yet you look at highways and there the same is more
than 1,000mm. I had a notice of growth more than 100 metres from the bitumen road while
VicRoads leaves it 1 meter or more right along the highway. The latter in my view placing the
lives of not only fire fighters but also of road users in uncalled dangers.

Also, in my view we should provide clearances that where there is a large bush fire then fire
fighters are not left powerless unable to cause a break, etc, but that they can have access to fire
area’s and may prevent the fire to rage on and on.
And where there are fire breaks there be also emergency cellars for fire fighters to seek safety if
they are closed in by a so to say ring of fire.

Did you ever consider how many natives were burned to death in such large bushfires when this
was before fire fighters were deployed? Possible whole tribes might have been wiped out.
In my view fire doesn’t observe borders of any state and as such it must be considered a federal
issue. The Federal Government should have special helicopters; perhaps have them as part of the
armed forces, that can be deployed in high fire area’s in any State or Territory.
*. Why armed forces?
**#** In my view when dealing with a national emergency such as an out of control fire event
the armed forces are more likely to be non-state minded and concentrate upon the scope and
dangers and not merely limit its fire fighting pending to which state they are acting for. And the
armed forces could in time there are no fire dangers of grand scale in Australia use their expertise
in other countries when so requested for their assistance. It certainly would be a good PR (Public
Relations) issue also. There is more to it all but for now plenty to consider.

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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