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WITHOUT PREJUDICE Mr Tony Abbott MP 5 Tony.Abbott.MP@aph.gov.au, info@pm.gov.

au
20140122-G. H .Schorel-Hlavka O.W.B. to Mr Tony Abbott PM- Re Australian Post - Welfare etc

22-1-2014

Tony, as a CONSTITUTIONALIST I place the importance of the true meaning and application of the constitution above that of an individual person or a minority of people. 10 Media (SBS TV) announced that the Federal Government might be considering to provide a $30.00delivery charge or to reduce daily services.
HANSARD 17-3-1898 Constitution Convention Debates

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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

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Berlow some quotations that indicates that the Commonwealth not just has the legislative powers within s51 (v) postal, telegraphic, telephonic, and other like services; but actually within s69 cannot sell the telecommunication (albeit it nevertheless did) and postal services (albeit it did 25 franchise it nevertheless) because the (responsible) Minister is responsible for the service including the care and management of vehicles.
Hansard 17-4-1897 Constitution Convention Debates

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It would be preferable to make the Commonwealth responsible for the whole service, for by that means you would much more clearly conserve the interests of every member of the Commonwealth. END QUOTE

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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

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Hansard 17-4-1897 Constitution Convention Debates The Right Hon. G.H. REID (New South Wales)[11.10]:

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But what is the principle of this deed we are about to endeavour to seal? The first principle is that the commonwealth is to have no sort of pretence to power except upon the subjects set out in this bill. Fortunately, we will always have a court of high reputation, I hope, to see that everyone is kept to the terms of the instrument. Under the protection of the supreme court of the commonwealth, the sphere within which the commonwealth can assert itself or legislate is set out in so many words. END QUOTE

And consider this: 10 Hansard 20-4-1897 Constitution Convention Debates


QUOTE Mr. HIGGINS:

I think it is advisable that private people should not be put to the expense of having important questions of constitutional law decided out of their own pockets. END QUOTE

15 Therefore, it should be the Federal Government itself that should carry any cost of litigation, etc, as to clarify its powers and limitation thereof. Australians have a right to uniform charges, not just of standard letters but also all letters as this was clearly the intention.
HANSARD 17-4-1897 Constitution Convention Debates

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Mr. DEAKIN: Within or without State boundaries. How can it be said that South Australia is more competent to administer the postal affairs of its Northern Territory than they would be administered from a central capital? Or how can it be said that the European mails for the extreme west country of New South Wales could not be better dealt with by the use of railways and means of transport through South Australia? Looking at the postal and telegraphic business of the continent of Australia from a purely business aspect, from the practical side of affairs, it appears to me that we are more likely to have satisfactory and complete communication if it be regarded as one whole and worked from the most convenient centres, without regard to State limitations. I say in answer to Mr. Holder that his illustration in regard to Western Australia proves nothing if we may rely upon American experience. If there has been one great federal success it has been the American post office, and if there is one regret in their politics it is that the American telegraphic service is not also in the hands of the Government. The telegraphic service is in private hands, and the regret is widespread. I can say, from a short experience of some of the least settled and most distant territories of the West of the United States, that the postal communication there is much more complete than I have been accustomed to find in outlying districts of these colonies under their present State management. The National Government at Washington, 3,000 miles away, separated by a whole continent, has proved itself more liberal in its treatment of the people of the Far West than have the Governments of Australia proved themselves in regard to our back block settlements. In America the post office has been a great administrative, financial, and popular success; and any man who would propose to-day to hand that service over to other than to State administration would find that his proposition was short-lived. We may have greater difficulties to surmount than they have, but there is no reason why the Commonwealth of Australia should not also achieve a conspicuous success in this direction. The arguments used by my hon. friend Mr. Barton with regard to the difficulties arising from a divided control of the telegraph wires appear to be conclusive. It would be almost impossible to make arrangements as perfect and as economical for either postal or telegraphic services [start page 771] within Australia if you retain State boundaries, and it will certainly be more difficult to make arrangements for the extra-Australian services if you are called upon to consider State claims and demands, instead of only considering the real practical wants of the localities immediately concerned. It appears to me a desirable thing as a matter of practical business to transfer both of the services to which I have alluded to the Federal Government. We shall not place too great a burden on the federal authority, and the whole population will be better served than they now are or than remote districts can be by State authority. Placing the means of communication in the hands of the Federal Government will probably permit of that universal reduction of postage and cable rates which is one of the first demands of the commercial interest throughout Australia. The experience of our own colony is that the present cable rates are almost prohibitive. but by a satisfactory combination of the cable and postal services, with unity of p2 22-1-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

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administration, we shall be able to secure an immediate reduction in those charges, as well as in postal rates, and give the people of Australia better services than those they now possess. Sir PHILIP FYSH: Every postal conference that has been held for years past has tendered a report suggesting that the postal and telegraphic services should be federated. Year by year conferences are necessary in order to keep ourselves in touch with what is going on and to keep pace with development. The clause of the 1891 Bill, transferring the control of post and telegraph offices, was largely for the reason that the losses amounting to 200,000 per annum, incurred by some States were for the benefit of the whole, and therefore should be of federal concern. That state of accounts has since altered, and South Australia, in 1891 the chief loser, and Tasmania, also an important loser, have both since secured profit in these departments, but much services as posts and telegraphs have by means of the postal conferences of postmasters annually, and by their reports, sought to establish uniformity, and tended strongly to support this federal purpose. The cost of cable subsidies has already been divided intercolonially, and the completion of federal services will tend to support the "United Australia" purpose of the people. Nothing has a greater tendency to perfect your union than one postage stamp for Australasia. Uniform postal rate is also desirable; whereas in Tasmania, in a given radius from the General Post Office, the rate is one penny, in South Australia and Victoria twopence is uniform, whether across the street or to the end of their territorial limit. Mr. Deakin's reference to extra-colonial or over-sea services will remind representatives of the fact that the federal authority will, if only oversea services are of federal concern, as Mr. Holder suggests, pay the contractors, and that the revenue will be collected by the local or State authorities. The details of departmental works, such as the pay of postmasters and opening new offices in outlying districts, will by federal authority be settled upon the recommendations of the Local or State Secretary of the department in the Federation. To be compelled at the present moment to supply ourselves with Adelaide stamps, or if you are travelling in Tasmania with Tasmanian stamps, if; always inconvenient to that section of the public which is of a migratory character. We have also to consider that as far as our revenues are concerned they come in unequal proportions from the various contributors. In Tasmania we give in the city and suburbs the advantage of a penny service; but here, and I think in Victoria also, they have the same rate in the city and suburbs as throughout their territory, and I think if the federal spirit is to be generated by a Constitution of this kind, and if we wish to continue the belief that we are one people, we will do much in, this direction by providing a uni- [start page 772] form postal and telegraphic service. Under these circumstances our various conferences have invariably tended in this direction, and hence during the last few years we have pooled all our cable subsidies. It was only natural that we should so pool them, as we in Tasmania were bearing more than our share, and we recognise that South Australia was giving to the people of Australia a large amount of work for which she was inadequately recompensed. We have reversed the position, and we are no longer losing by the postal service as we were in 1891. South Australia and Tasmania have altered their positions, but that is no reason that the remainder, now that our total loss has been reduced to about 80,000, should not pool the service which brings in contact every home throughout Australia. Then you have the money order system also, under which commission is charged in each colony, but if it were pooled, we would be able to distribute the money of a majority of our people at a lower rate than we do at the present time, which is within the scope of some future Treasurer or postmaster to propose. This advantage can be better secured to the people generally by Federation than it otherwise can be, and therefore I hope that we will respect the opinion of 1891. END QUOTE

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HANSARD 24-3-1897 Constitution Convention Debates QUOTE

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Mr. GLYNN: He is a man who has had, shall I say, the audacity to study the subject and put his views into print, and I think his opinion must therefore be presumably entitled to some weight, more, at all events, than any unsupported one of mine. As regards English experience he says: In the Act of 1888 a proviso was passed that there should be no preference of the foreign over home produce, yet the report of the Railway Rates Committee of the Central Chamber of Agriculture (April 5th, 1892) says: -"Your Committee desire to draw special attention to the fact that, notwithstanding the provisions of the Act of 1888, they have received reliable information that instances continue to exist of preferential charges in favor of foreign." p3 22-1-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

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Now, let me refer to one who at all events is a high authority, that is Sir Henry W. Tyler, who gave evidence upon this aspect of the question of State ownership before a Committee of the Lords and Commons which sat in England in 1872. By the way, this committee states in its report that competition must fail to do for railways what it does for other trades, and no means can be devised by which competition can be permanently maintained. The evidence of this expert, who had nineteen years' experience as an inspector of railways, was to this effect: No one who is not actually engaged in the working of the railways, or in watching the details of their working, can have any idea of the unnecessary cost, labor, and obstruction to traffic which arise from the diversities of interests and management of various companies.

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He said that they stood upon their legal rights, and defied control. Again, the suggestion by this expert was that the State ought to take over the railways, that amalgamation would be the best thing for economical purposes and generally in the interests of the public weal. He said that you could take advantage of the existing boards at the outset. That principle would be analogous to what one might suggest for the colonies. A local board could take control of the local management for the purposes of the Federation, and then the railways could not, as they do now, mutually destroy one another. This expert says: Their attention being devoted not to competing with each other, but to the organisation of improvements, not for the benefit of their individual lines, but for the general public. I need not refer at any greater length to the success of the systems in America and England. We know railways are an absolute public necessity, capable of being a monopoly, and therefore should not be in private hands, as shown by experience in England and America, and to some extent in India, where the system has led to considerable waste; and latterly in England for the purposes of economy they have been amalgamating management, and the greater number of the companies are now managed by twelve big boards representing combinations of various companies. As regards America, from the point of view of the subserviency by these companies of the interests of the public, the Farmers' Alliance, whose sphere of influence extended right through the United States, a few years ago complained of the evils to which I have made reference in this quotation, and demanded: [start page 76] That the means of communication and transportation shall be owned by, and operated in the interest of, the people, as in the United States postal system.

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Now, I might perhaps refer to some of the advantages of the system of central control. The authority to whom I have referred-Hole, on National Railways-said: An amalgamation of competing lines is the only way to prevent a war of rates and consequent ruin to capital involved. But amalgamation not controlled by the State is another name for public robbery. He recommended, and every other witness recommended, amalgamation on the score of economy. He suggested that: It would be a great step in advance to have all the roads unite; put all cars into a common stock, and let them be distributed, record kept of movements, and mileage paid through a general clearing house. Mr. FRASER: That is done in England. Mr. GLYNN: It is gradually being done during the last thirty or forty years. It has not yet been effected in England, because there exists there over all the lines of England twelve different bodies of management. To some extent they are bodies similar to those which we would have under the Federation, and I think I am entitled to rely on the balance of evidence being in favor of the amalgamation of the control of our federated railways. I think I can say, therefore, without expressing my opinion emphatically, that from many, points of view federated Australia would benefit by placing the railways under a central federal control; it would promote economy; it would get rid of the multiplicity of accounts, to which reference has been made, and which we have here; it would prevent the waste consequent upon differential tariffs; it would lead to a uniformity of gauge; it would reduce the mileage of purely political lines to the true requirements of the p4 22-1-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

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district; and it would minimise the possibility of the railway vote becoming a power in politics. I have heard it stated that under Federation the railway vote would be greater than now, but the answer is clear. The power of a great number of unions is small. We know that the unions in England are losing their influence through the extension of their numbers, and it would be the same here. The effective power of the railway vote would be less in the Federation than it would be in relation to local politics under our present system. Supposing that some trouble arose in South Australia, through their power of combination the men would be able to attract votes to whatever extent might be possible, with far more effectiveness than in a federated body, because you would have a check on the discontented South Australians in the power of the other colonies. When the big strike took place here several years ago, we know that it was a failure; and when the strike occurred at Broken Hill, it did not lead to a general strike; and for this reason I believe that, instead of increasing the vesting of the control of the railways in a central Government, would decrease the political power of the railway vote. It is admitted that our great trunk lines are already federated, and, as Sir George Turner has suggested, this control might be given to the central body, but that the smaller lines might still be under local management. It is, however, in connection with these smaller lines that the trouble exists. Sir GEORGE TURNER: Would you hand over all our suburban railway lines? Mr. GLYNN: I see no absolute reason why not. Mr. BARTON: And the cable tramway in King-street, Sydney? Mr. GLYNN: It is not a railway. Mr. BARTON: It is part of our railway system, and is under the Railway Commissioners.

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Sir GEORGE TURNER: Would you take over the Melbourne trams? Mr. GLYNN: The remedy is very easy, and can be settled in Committee. What properly does not belong to the Commissioners' control can be left out. We have an example of railway federation in [start page 77] Switzerland, where, in 1890, they initiated a policy for the purchase of the cantonal railways. I think it was rejected on a referendum, but it resulted in the resignation of a president. Again in Austria-Hungary, you have a pooling of the railways. Mr. HIGGINS: Would you have the Federation to buy the railways? END QUOTE Hansard 17-4-1897 Constitution Convention Debates

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Mr. BARTON: I am not complaining of anything that South Australia has done in this way. But if a person sending a long distance message expects to get an answer, then with respect either to the message or to the answer, he may be in a very queer position unless the whole responsibility rests with the Commonwealth of keeping the whole system as clear as possible. If the colony is to retain its own particular postal and telegraphic service, and the Commonwealth to be in charge of external questions with regard to posts, telegraphs, and so on, then we may have this peculiar condition of things: that there may be cause of complaint with respect to the external services under the charge of the Commonwealth, or with respect to the internal services which are sub-divided among six States, so that there may be a responsibility divided among as many as three different divisions. It would be preferable to make the Commonwealth responsible for the whole service, for by that means you would much more clearly conserve the interests of every member of the Commonwealth. Mr. CARRUTHERS: The hon. member has pointed out a very good argument with regard to the telegraphic communication, but it fails entirely so far as his attitude to this Bill is concerned when applied to postal communication. He is quite prepared to let the postal communication be carried on by divided responsibility. We have not got the telegraph wires to carry the mails, but we have railways under State control to carry them; so that if he sees no objection to that portion of the State business which carries postal matter being under divided control, he can surely have very little objection to the telegraph wires being under State control. I should have been in favor of getting this sub-section into the Bill if the Convention had been p5 22-1-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

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agreeable to take control of what I consider to be analogous to our postal and telegraphic communication-I mean our railway communication. 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. But I see very little chance of carrying a proposal of that kind, and therefore my vote is to be given with a view to preserving the consistency of this Bill having regard to other matters. I do think that there is a great danger in providing for the Federal Constitution to take over too many matters at the onset. I fear that there is a great danger that we shall over-weight Federation at the onset, and we shall have people voting against the Constitution because as regards the particular matters they deem important we are giving up too much of the right to govern themselves. I do say this: why should the Federal Government interfere in local postal matters? What interest would the national Government have in the carrying of letters from Adelaide to Glenelg, or from Adelaide to Hindmarsh, or from one street in Adelaide to another street in Adelaide? These are matters of purely local concern, and you cannot dignify them to a position of national importance. Moreover, I fear that by overloading Federation with these minor and local concerns, you bring in that which has tended so much to degrade public life in America, log-rolling and corruption. 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. If possible, we should elevate the position of our Federal Legislature above subjects of purely local concern, and what need is there to thrust these matters into a great national undertaking? The hon. member's proposal allows us to go just as far as we ought to go in this business. When this becomes a matter of national concern, let the national Government do the work, but the Federation should not do things which are best done locally. What cannot be done best locally should be handed over to this common executive. It is proposed to have an Inter-State Commission, which will deal with those matters where our railways, or our public arteries-our roads, or rivers-come into conflict. The idea is that the rival interests of one State against another should be adjusted and controlled by such a Commission. It is very easy to let this matter of posts and telegraphs outside the boundaries be regulated by this Commission. They need not take active management, but they could provide regulations which would have the force and effect of federal laws governing the various bodies. I do hope that in this matter there will be a division taken, so that those who are inclined to overweight the Federation with minor matters may vote for it, and those who are inclined to leave to the Federation clearly-defined national interests, may give their votes in that direction. I hope a division will be taken which will test this and many other matters. I have given notice of similar amendments, but I shall not persevere with them if Mr. Holder's amendment is lost. Mr. DEAKIN: As I understand the remarks of my hon. friend Mr. Carruthers, he admits the wisdom of transferring the telegraph service to the Federal Government, but contests the wisdom of handing over the post offices. Do I understand the hon. member's position correctly? Mr. CARRUTHERS: No. My hon. friend Mr. Barton pointed out that with regard to telegraphs it was, not wise to let these lines be under the control of the various States, and I answered him by pointing out that with regard to postal business he was prepared to let the railways which carried the mails be under the control of the various States. Mr. DEAKIN: The hon. member's argument was then simply an answer, not an argument, on the main question. It is not essential to the principles on which the [start page 770] Federal Government is to be established that either the post office or the telegraph service should be transferred to the national Government. But I submit that the post and telegraph office in both its branches comes first in the long list of services in which it is evident there are national interests to be dealt with rather than State interests. It is no imputation upon the existing post offices of the various colonies that one has sometimes been more prosperous than the other; that fact to my mind is chiefly due to the different policies pursued in the different colonies. If the other colonies had thought fit to pursue with regard to their post offices the policy of the South Australian Government they could have shown large surpluses. But they have chosen to use their post and telegraph offices not merely to earn profits, but as a means of opening up new districts. To my mind there is no reason why the post and telegraph service should not in every colony pay well for services rendered there and over the entire area of the Commonwealth. But the question naturally arises whether these services should be essentially local services. Surely if there are State undertakings which p6 22-1-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

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require to be administrated geographically and without reference to the arbitrary limits which separate State from State, the carriage of letters and the transmission of telegraphic messages are those interests. END QUOTE

5 Reducing postal service deliveries also should not be implemented as this stagnates economy. And every Member of Parliament therefore should stand up against any sale or franchise of postal services and rightly (that is constitutionally, if this means anything to you) telecommunications should be nationalised again. I discovered with 3 part of VODAFONE that I 10 was charged for usage and even its technician fraudulently sought to justify the charge as an update by Microsoft, which I disproved, there really is a total failure by the Commonwealth to appropriately deal with measurement issues of usage of telecommunication, at least to my experiences. 15 Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the
National Australasian Convention) QUOTE Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power? Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry. As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole constituency behind the Federal Parliament will be a sentry. END QUOTE

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25 As for pensions, I addressed this issue in previous correspondence and a copy is still on my www.scribd.comm/inspectorrirkati blog. Safe to assay that the Framers of the Constitution accepted Delegate Howe submission that the people should not have to depend upon their family and friends to live in their old age.
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30 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 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

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There will be many genuine people who need to have assistance financially, etc, when they lose their job beyond their fault. New Start is an option, however, it is one thing to provide assistance it is another thing to make it so to say a lifetime provision, for so to say being on the 45 dole. It seems to me that when a person has been unable to get a job within a year period than the person must accept to be retrained into another profession, and failing to do so means then end of the line for unemployment payments. The retraining must be in a line of work to which there is a demand for staff, but unlike in Germany, where even unemployed women/girls can be forced to 50 accept a job as a prostitution, I would oppose this kind of compulsory job acceptance as I view it would be immoral and against a persons civil rights to demand this kind of form of employment to be engaged in.

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Do keep in mind that members of parliament artificially are funded a de facto salary where they are not entitled upon (only an allowance) as those who are not self-employed generally are unemployed and even when standing for election as Members of the House of Representatives, they are not even a Member of parliament from the day the writs are issued until the writs are 5 returned and yet despite constitutionally not entitled to it still are receiving allowance or de facto salary. You cannot burden the community and pretend wanting to reduce cost and yet have Members of Parliament continue to rib us blind. That swindle/theft must stop! I look forwards to your details response, if any courtesy will eventuate as such. 10 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL


(

Our name is our motto!)

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