WITHOUT PREJUDICE Mr Tony Abbott MP Tony.Abbott.MP@aph.gov.au, info@pm.gov.au 5 Cc: Hon. Jay Weatherill, MP, Premier SA c/o enfield@parliament.sa.gov.

au Hon John Rau enfield@parliament.sa.gov.au 10

20140128-G. H .Schorel-Hlavka O.W.B. to Mr Tony Abbott PM- Re unconstitutional Aboriginal legislation

28-1-2014

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. Media (SBS TV News) on Monday 27-1-2014 announced that the South Australia passed (by 15 partisan) legislation allowing Aboriginals to have less supervised driving as a learner than others. This, I view is unconstitutional, as set out below.
HANSARD 17-3-1898 Constitution Convention Debates (Official

Record of the Debates of the

National Australasian Convention) 20 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

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By way of 1967 referendum s51(xxvi) (xxvi) the people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws; was amended to (xxvi) the people of any race for whom it is deemed necessary to make special laws; that the 30 Commonwealth of Australia now gained legislative powers as to Aboriginals.
Hansard 17-4-1897 Constitution Convention Debates QUOTE 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:

Hansard 20-4-1897 Constitution Convention Debates

45 QUOTE Mr. HIGGINS:

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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

Therefore, it should be the Federal Government itself that should carry any cost of litigation, 5 etc, as to clarify its powers and limitation thereof.
Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?

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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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The question therefore is did the South Australian Parliament offend Commonwealth powers?
Hansard 27-1-1898 Constitution Convention Debates QUOTE

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Mr. BARTON.-We are going to suggest that it should read as follows:the people of any race for whom it is deemed necessary to make any laws not applicable to the general community; but so that this power shall not extend to authorize legislation with respect to the affairs of the aboriginal race in any state. Mr. ISAACS.-My observations were extended much further than that. The term general community" I understand to mean the general community of the whole Commonwealth. If it means the general community of the whole Commonwealth, I do not see the meaning of saying that the Parliament of the Commonwealth shall have the exclusive authority to do that, because any single state would have the right to do it under any circumstances. If it means less than that-if it means the general community of a state-I do not see why it should not be left to the state. We should be placed in a very awkward position indeed if any particular state is forbidden to pass any distinctive legislation in certain well-known instances. For instance, if Victoria should choose to enact that Afghans shall only get hawkers' licences under certain conditions which are not [start page 228] applicable to Europeans she may be debarred by this sub-section from doing so. I do not know how it will affect our factory law in regard to the Chinese which does not operate beyond the confines of Victoria at all. Sir EDWARD BRADDON.-Why single out the Afghans? Mr. ISAACS.-If any other race possess the same characteristic as the Afghans I will put them in the same class. At all events, the expression general community" means the whole community of the Commonwealth. I do not think that this has any application. If it is to have any application at all, it seems to me to be intended to debar the state from passing legislation-necessary legislation, but purely confined to that state. I do not think that that sub-section ought to be there at all if that is the meaning of it. Mr. BARTON (New South Wales).-I think the original intention of this sub-section was to deal with the affairs of such persons of other races-what are generally called inferior races, though I do not know with how much warrant sometimes-who may be in the Commonwealth at the time it is brought into existence, or who may under the laws of the Commonwealth regulating aliens come into it. We have made the dealing with aliens, which includes a certain degree of coloured immigration, a power of the Commonwealth, and we have made the dealing with immigration a power of the Commonwealth, so that all those of the races who come into the community after the establishment of the Commonwealth will not only enter subject to laws made in respect to their immigration, but will remain subject to any laws which the Commonwealth may specially devise for them. There is no reason why the Commonwealth should not have power to devise such laws. p2 28-1-2014 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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Sir GEORGE TURNER.-An exclusive power? Mr. BARTON.-It ought to have an exclusive power to devise such laws. Sir GEORGE TURNER.-If it does not exercise it can the state exercise it? Mr. BARTON.-Once the Commonwealth legislates with reference to the question of aliens and immigration, its legislation displaces the state law. END QUOTE

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Since the 1867 referendum Aboriginals therefore fall within the class of race and no new laws pertaining Aboriginals (since 1967) can be constitutionally permissible to be provided for by any state/Territorian Parliament.
Hansard 27-1-1898 Constitution Convention Debates QUOTE Mr. BARTON (New South Wales).-If this is left as an exclusive power the laws of the states will nevertheless remain in force under clause 100.

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Mr. TRENWITH.-Would the states still proceed to make laws? Mr. BARTON.-Not after this power of legislation comes into force. Their existing laws will, however, remain. If this is exclusive they can make no new laws, but the necessity of making these new laws will be all the more forced on the Commonwealth. END QUOTE HANSARD 1-3-1898 Constitution Convention Debates QUOTE Mr. GORDON.- The court may say-"It is a good law, but as it technically infringes on the Constitution we will have to wipe it out." END QUOTE Hansard 17-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE

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Mr. OCONNOR.In this case the Constitution will be above Parliament, and Parliament will have to conform to it. END QUOTE Hansard 8-3-1898 Constitution Convention Debates

35 QUOTE Sir JOHN DOWNER.No one is more in favour of that than I am. But, at the same time, it is said-"Let the Houses of Parliament act capriciously and variously from day to day-allow this 'tacking' to go on if the Houses choose to agree to it-let the Houses do one thing one day and another the next, and do not bother about altering the Constitution, but trust the Parliament." Of course; but Parliament must only be trusted when it is within the Constitution. The Senate of to-day and the House of Representatives must not be put in a position superior to the Constitution. END QUOTE

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More than 46 years after the referendum was held it seems that politicians/lawmakers and 45 their legal advisors still cannot understand/comprehend the true meaning and application of the constitution (The Commonwealth of Australia Constitution Act 1900 (UK), our principal source of legislative powers of the Commonwealth of Australia and the States/Territories.
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. While it was claimed by SA politicians that the legislation didnt offend the Racial Discrimination Act, the truth is that it has got nothing to do with the Racial Discrimination Act (an Act I view itself is and remains unconstitutional despite the HCA Bjelke-Peterson 5 decision. An issue I will not now delve into, as my published books in the INSPECTORRIKATI series on certain constitutional and other legal issues already canvassed this extensively. 10 Lets use now a hypothetical example.

One of my granddaughters (residing in South Australia) becomes injured by an Aboriginal driver, who gained a learners permit, and driving license, having completed less than those prescribed for other licensed drivers. My granddaughter decides to sue the Commonwealth, the South Australian Government and others for damages and also for failure of DUTY OF 15 CARE (Donoghue v Stevenson (1938) AC 562). Aboriginals to have been conned nevertheless the principal rule of law must be held to be more important than the benefits an unconstitutional law may otherwise provide. While some judge seemed to have recommended to reduce the hours of supervised learning 20 for Aboriginals this cannot and never must be accepted to overrule the constitution! In fact having Aboriginals now left vulnerable to being sued successfully is also an issue. Road laws are for certain purposes and if Aboriginals in remote communities are not gaining the experiences in traffic as other people than even 75 hours will not be sufficient, let alone to reduce the number of hours. 25 The fact that Aboriginals may be in breach of law to drive unlicensed in itself cannot justify a breach of the constitution. And even if it was considered permissible (not that I concede this) then the fact that Aboriginals in remote areas are not accustomed to heavy traffic driving , then the solution is not to reduce the number of supervised driving but for a better system of teaching, etc. 30 You do not make knee jerk legislation to stop criminalising of Aboriginals who are acting in breach of law, as you do not permit rapist to rape because they do so anyhow. You do not allow drunks to become drunk lawfully and control a motor vehicle because they will get drunk anyhow. In my view, enacting laws just to suit Aboriginal offenders is the wrong way 35 to go about. In Victoria we have that the Sheriffs Office is having motor vehicles unregistered and driving licensed suspended not because of an owner of the motor vehicle having offended but someone else may have incurred a traffic offence. Now how on earth would this serve public 40 safety? What if the Victorian Government were to suspend the drivers licence of an Aboriginal who holds a SA drivers licence? You see the argument that was raised was that Aboriginals were driving unregistered vehicles. And not paying fines. This clearly doesnt get resolved.
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45 For the record, I am challenging since February 2011 the powers of the Victorian Infringement Court and the Sheriffs Office see my blog at www.scribd.com/inspectorrikati. Why indeed should an Aboriginal residing in an small community be exempted from ordinary laws but not any non-Aboriginal residing in the same community?
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All those so called good doers who seek to promote Aboriginals may just do precisely more harm than good.
.

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Either the 75 hours required supervised driving is correct in law or it is not, it cannot be appropriate for a person growing up in the midst of heavy traffic but moving to a small community to have 75 supervised lessons, but an Aboriginal who may never have ventured from a small community but then gaining a driving license will drive into heavy traffic 5 somehow is not a danger to the public and so other road users. Perhaps the real answer lies that the South Australian Government (that is its Parliament for so far it requires legislation) for all students of High schools to have supervised driving lessons as part of their curriculum. After all this is done as I understand in the armed forces, 10 where several soldiers are in a truck and then one by one they drive the truck under supervision of a licensed instructor. This then will remove discrimination and if anything be an incentive to students to stick it out through the high school years if only so they can get for free supervised driving lessons. 15 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 .

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In my view any law that places the Government rights above that of ordinary citizens cannot be valid in law. After all the agent never can have greater powers then the grantor. Hence, I view the suspension of registration/driver license of a driver for allegedly unpaid 25 fines cannot be valid in law as it give the State powers not derived from the ordinary powers of the grantor (the People). Fancy the people to be able to disqualify any politician for breach of election promises and so suspend or all together terminate the politicians time in holding a seat in the Parliament! There is no difference in this and what is being done by the Sheriffs Office to purportedly suspend registration/driver licenses. 30 Neither will it resolve rather increase the issue of unlicensed drivers & unregistered vehicles being driven by Aboriginals or others. Again, while a judge did claim to have recommended to provide special allowance for Aboriginals we must consider that the Framers of the Constitution (by which s106 provides 35 for the States subject to this constitution and so its embedded legal principles);
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
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Hansard 19-4-1897 Constitution Convention Debates QUOTE Mr. CARRUTHERS: This is a Constitution which the unlettered people of the community ought to be able to understand. END QUOTE
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It seems to me that lawyers do not comprehend the plain legal principles embedded in the 50 constitution:
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Hansard 22-9-1897 Constitution Convention Debates QUOTE The Hon. R.E. O'CONNOR (New South Wales)[3.18]: The moment the commonwealth exercises the power, the states must retire from that field of legislation. END QUOTE
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Hansard 30-3-1897 Constitution Convention Debates p5 28-1-2014 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

QUOTE Mr. REID: We must make it clear that the moment the Federal Parliament legislates on one of those points enumerated in clause 52, that instant the whole State law on the subject is dead. There cannot be two laws, one Federal and one State, on the same subject. But that I merely mention as almost a verbal criticism, because there is no doubt, whatever that the intention of the framers was not to propose any complication of the kind. END QUOTE
.

Hansard 30-3-1897 Constitution Convention Debates

10 QUOTE
The Hon. R.E. O'CONNOR (New South Wales)[3.18]: We ought to be careful not to load the commonwealth with any more duties than are absolutely necessary. Although it is quite true that this power is permissive, you will always find that if once power is given to the commonwealth to legislate on a particular question, there will be continual pressure brought to bear on the commonwealth to exercise that power. The moment the commonwealth exercises the power, the states must retire from that field of legislation. END QUOTE
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Hansard 2-3-1898 Constitution Convention Debates

20 QUOTE
Mr. OCONNOR.-Directly it is exercised it becomes an exclusive power, and there is no doubt that it will be exercised. END QUOTE

25 For what it is worth, the same governs any legislation as to Aboriginal religious objects. Any Commonwealth legislation regarding this is unconstitutional in view of s116, and as no laws can be enacted against the general community hence the Racial Discrimination Act 1975 pursuing the opposite is therefore also in direct violation to the constitution, and Stater legislation enacted since 1967 referendum is unconstitutional. 30 Now those good-doers for Aboriginals better get their act together and see how they really harmed Aboriginals. And there is a lot more to this! Just not going to be delved into in this correspondence. I have absolutely no doubt that the SA legislation is unconstitutional and leave the SA government open to be successfully sued for breach of DUTY OF CARE, in the event an 35 injured driver were to sue in regard of circumstances off what was set out above. In my view the best anyone can do for Aboriginals was as the Framers of the Constitution intended all along and that was to treat them equally as any other Australian. The 1967 referendum regarding s51(xxvi) was ill conceived and one day may haunt those who voted for 40 it. (As for s127 it had outlived its purpose and was grossly misunderstood why it was applied at the time) I will now refer to an internet published article 45 http://www.papertracker.com.au/archived/state-plan-drivers-licences-and-anangu/
QUOTE [The man] recognises that he is too old to keep committing driving whilst disqualified offences and being imprisoned. He knows that in 2010 he will be eligible to re-apply for his drivers licence again. He has decided he will no longer drive so he can maximise his chances of re-obtaining his drivers licence during

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2010. However, he realistically knows that not having a drivers licence will create hardship for him and his extended family due to living in a geographically remote location where there is no reliable public transport.[xix] END QUOTE

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I FOR ONE CANNOT SEE HOW THE REDUCTION OF 75 HOURS IS GOING TO RESOLVE HABITAL UNLICENSED DRIVING. And keep in mind that non-Aboriginals in the same circumstances will be in the same kind of 5 problems, but somehow that appears to be irrelevant to the South Australian Government?
http://www.papertracker.com.au/archived/state-plan-drivers-licences-and-anangu/ QUOTE State Plan: drivers licences and Anangu First posted on 3 February 2009 under Uncategorized. This article has been updated and archived. Tags: cars and drivers & State Strategic Plan Summary The South Australian Government is working hard to reduce the States road toll, in part by increasing the skills and experience of new drivers. Since 2005, anyone wanting to obtain a South Australian motor vehicle license has been required to complete a considerable number of hours of supervised driving. This requirement has made it much more difficult for Anangu to obtain a licence and may have unintentionally increased the rate of Aboriginal incarceration. In May 2008, an international expert on public health recommended that the South Australian Government develop alternative pathways for Aboriginal people to obtain a drivers licence, and monitor the success of any such development under the States Strategic Plan. [i] On 14 April 2009, the State Government indicated that although it was keen to assist people living in Aboriginal communities to obtain their drivers licenses, it had no plans, in the short term, to update the State Strategic Plan.

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Introduction

The Paper Trail

In 2005, the State Government introduced a series of measures designed to provide new drivers with better skills and experience prior to obtaining their full drivers licence. [ii] The measures included: requiring learner drivers to complete at least 50 hours of supervised driving under a range of road conditions, including a minimum 10 hours at night. requiring the supervising driver to have held a full drivers licence for at least two years and to have not been disqualified in the previous two years.[iii] On 4 September 2010, further initiatives aimed at strengthening the skills and experience of novice drivers came into effect.[iv] These included:

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increasing the amount of supervised driving that a learner driver is required to complete from 50 to 75 hours, and

increasing the minimum period of time that a person must hold a le arners permit, prior to obtaining a provisional licence, from 6 to 12 months.[v] Aboriginal People Travelling Well: a research project

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In 2008, a group of researchers from Flinders University completed a major investigation into how transport and transport safety issues affect Aboriginal people living in South Australia. [vi] This p7 28-1-2014 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

included examining the processes that need to be followed to obtain a South Australian drivers licence and Aboriginal peoples experience of those processes. The researchers final report states: Access to a drivers licence is not straight forward. Problems with literacy and language often present

barriers, as does access to vehicles and instruction. These barriers to licensing generate increased risk of Aboriginal people driving while unlicensed and this offence is one of those most often charged by police There is a need to develop a system that encourages Aboriginal people to get a licence and that removes [these] barriers.[vii] As part of their investigation, the researchers examined the transport and transport safety issues facing Yalata community. Among other things, they found that: only an estimated 12 Aboriginal people living in Yalata held a drivers licence.[viii] the lack of a licence would prevent community members from obtaining employment as part of a nearby mining development.[ix] The project concluded that in Yalata:

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barriers to obtaining a drivers licence include low literacy levels, lack of access to roadworthy vehicles and the lack of a pool of people to provide driver training.[x]

any move to increase the number of supervised hours that a learner driver is required to complete would only make it more difficult for community members to obtain a licence.[xi] The Paper Tracker understands that many of the barriers experienced in Yalata exist in other Anangu communities. For example, as of January 2009, in one community on the APY Lands, more than 45 people held a learners permit but had not yet been able to complete the 50 hours of supervised driving. In most cases, those individuals had limited access to a potential supervising driver and/or a roadworthy vehicle.[xii] The Paper Tracker believes similar conditions exist in other APY communities.[xiii]

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Driving without a licence An inability to obtain a drivers licence can lead to unlawful behaviour. [xiv] In November 2005, officers from the Ceduna Police Station highlighted the relatively high numbers of Aboriginal people found to be driving without a current drivers license and/or an unregistered vehicle.[xv]

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Three years later, the situation did not appear to have improved, with Cedunas weekly newspaper the West Coast Sentinel - regularly reporting incidents in which people from Yalata, Oak Valley and other Aboriginal communities had been charged for driving disqualified or without a licence.[xvi] In 2008, South Australias Supreme Court heard an appeal against the sentencing of a 42-year-old man from Yalata who had pleaded guilty to driving while disqualified. The man, who had received an eightmonth sentence, had previously been charged for driving without a licence on more than 20 occasions.[xvii] In a letter provided to the court, the man explained how he had come to be driving a vehicle that his stepdaughter had purchased in Ceduna some weeks after giving birth to a child: p8 28-1-2014 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 that I look back I realise [my step-daughter] was distraught and distressed. Buying the car was a way for her to get out of Ceduna (where she was miserable) and back to the peace and quiet of Maralinga (where she has always been happy). If I could go back to that time and place I would not have driven the car. The reason that I did was

because I felt guilty about not being there for her when she was pregnant. At the point in time when I sobered up I foolishly decided to drive her in her car back to Yalata where I knew I could find a friend to drive her the rest of the way to Maralinga. At the time she was so miserable and unhappy I thought it best to get her back to Maralinga as quickly as possible so that she would be safe, happy and content. [xviii]

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In the course of the mans appeal, a psychological examinatio n was conducted. A portion of the examination report reads: [The man] recognises that he is too old to keep committing driving whilst disqualified offences and being imprisoned. He knows that in 2010 he will be eligible to re-apply for his drivers licence again. He has decided he will no longer drive so he can maximise his chances of re-obtaining his drivers licence during

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2010. However, he realistically knows that not having a drivers licence will create hardship for him and his extended family due to living in a geographically remote location where there is no reliable public transport.[xix] At the time of the appeal, the man had spent about five months in custody. On 5 August 2008, Justice Gray upheld the appeal and reduced the sentence to one month (suspended).[xx]

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The Paper Tracker acknowledges the complexities of the mans situation, as well as the need for laws to be upheld and public safety maintained. At the same time, we note that a combination of isolation, lack of public transport, and family expectations all put pressure on individual Anangu to drive when they shouldnt. As the 2008 Aboriginal Travelling Well report states:

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Kinship obligations may influence an Aboriginal persons decision to drive unlicensed. Pressures to drive come from a variety of sources, in some cases from people to whom it is culturally inappropriate to refuse, and for attendance at events that it is culturally important to attend.[xxi] Thinkers recommendation and government response In 2007, Professor Ilona Kickbusch, an expert on public and global health, completed a ten-week residency in Adelaide as part of the State Governments Thinkers in Residence program.[xxii] As part of her residency, Professor Kickbusch led a workshop on driver licensing and young Abo riginal South Australians. At the workshop, participants identified enhancing the ability of young Aboriginal people to gain their drivers licence as a strategic area for action. [xxiii] Professor Kickbuschs final report on her residency was provided to the South Australian Government in May 2008 and released online in January 2009.[xxiv] In her report, Professor Kickbusch recommends that the South Australian Government develop alternative pathways for Aboriginal people to obtain a drivers licence, and track progress on this issue by adding a relevant target into South Australias Strategic Plan.[xxv] p9 28-1-2014 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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On 14 April 2009, the then State Minister for Transport (Hon Tom Koutsantonis MP) advised the Paper Tracker that the Government: recognised that the requirement for learner drivers to complete 50 hours of supervised driving can prove onerous on individuals, families and communities, and

was keen to work with Aboriginal communities wanting to establish their own support mechanisms to enable eligible community members to obtain drivers licences.[xxvi] The Minister commented that an essential characteristic of any such alternative approach was that the impetus should come from within the community itself, with support from the Government. [xxvii] Concerning Professor Kickbuschs recommendation that progress in any alternative approaches to Aboriginal driver licensing should be monitored under the State Strategic Plan, the Minister noted that the Plan had been reviewed in 2007 and that there were no plans to update it in the near future.[xxviii] Driver training on the APY Lands (updated 14 September 2010) Since July 2007, Bungala Aboriginal Corporation (Bungala) has delivered Community Development Employment Programs (CDEP) on the APY Lands.

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On 1 September 2009, Bungala advised the Paper Tracker of its plans to help CDEP participants particularly young people obtain their drivers licences through the establishment of a remote area driving school on the APY Lands.[xxix] In support of this initiative, Bungala reported that it would employ a Driver Training Facilitator (or 2 part-time facilitators). It also planned to purchase a suitable vehicle and training aides. [xxx]

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Bungala indicated that the new driving school program would incorporate numeracy and literacy training along with training in basic mechanical procedures, and commented: It is recognised that the training involved in getting a licence is a practical and effective way of engaging Indigenous people in numeracy and literacy training. It is also recognised that the Indigenous people we are working with on the APY Lands enjoy learning about the basic mechanics of motor vehicles.[xxxi]

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On 6 September 2010, Bungala provided the Paper Tracker with an update on this work. It indicated, among other things, that: 68 CDEP participants had been referred to TAFE in 2009 to undertake training to obtain a learners permit, with another 32 participants referred in the first eight months of 2010; 79 of these participants had obtained a learners permit and been referred to Bungalas Driving School, 19 participants had completed training and obtained their probationary licence, and another 38 participants were still in the process of completing their [driver] training which includes practical hours through the log book process.[xxxii] This article has been archived and will no longer be updated. It will, however, remain accessible online as a source of background information for anyone wishing to undertake further research on this issue.

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Information included in the article was current at the time it was archived. Keep in mind, however, that Ministerial changes and names of departments, among other things, may have since changed. p10 28-1-2014 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

[i] Kickbusch, I. May 2008, Healthy Societies: Addressing 21st Century Health Challenges, Government of South Australia, p51 [ii] Conlon, P. 20 October 2005, Better Licensing System Set to Start, news release.

[iii] Conlon, P. 20 October 2005, Better Licensing System Set to Start, news release. [iv] Rann, M. 1 January 2009. Rann Government strengthens GLS,: news release. [v] Snelling, J. 3 September 2010. GLS changes take effect from tomorrow, media release. See also: Rann, M. 1 January 2009. Rann Government strengthens GLS,: news release. [vi] Helps, Y et al. 2008, Aboriginal People Travelling Well: Issues of safety, transport and health ,

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Department of Infrastructure, Transport, Regional Development and Local Government, Australian Government, p5-6. Available at: http://www.infrastructure.gov.au/roads/safety/publications/2008/RSRG_1.aspx Accessed: 31 January 2009. [vii] Helps, Y et al. 2008, Aboriginal People Travelling Well: Issues of safety, transport and health ,

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Department of Infrastructure, Transport, Regional Development and Local Government, Australian Government, pvii & p15. [viii] Helps, Y et al. 2008, Aboriginal People Travelling Well: Issues of safety, transport and health, Department of Infrastructure, Transport, Regional Development and Local Government, Australian Government, p41.

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[ix] On this the report states: A new mine is planned in the area near Yalata and some residents would like to seek employment. They are unlikely to succeed without a drivers licence and preferably a heavy duty vehicle licence. This requires a period of light vehicle experience before moving on to a heavier vehicle and the opportunity to practice on a heavy vehicle. There is a need to develop a system to support driver training including light, heavy and heavy passenger vehicles, (Helps, Y et al. 2008, Aboriginal

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People Travelling Well: Issues of safety, transport and health , Department of Infrastructure, Transport, Regional Development and Local Government, Australian Government, p42). [x] Helps, Y et al. 2008, Aboriginal People Travelling Well: Issues of safety, transport and health , Department of Infrastructure, Transport, Regional Development and Local Government, Australian Government, p42.

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[xi] Helps, Y et al. 2008, Aboriginal People Travelling Well: Issues of safety, transport and health , Department of Infrastructure, Transport, Regional Development and Local Government, Australian Government, p42. [xii] This information was provided to the Paper Tracker via email by one of its subscribers in late January 2009.

p11 28-1-2014 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

[xiii] In May 2005, a program operating in Amata reported that it had issu ed 200 learners permits to Anangu. (See: Parliament of South Australia. 2005, Annual Report of the Aboriginal Lands Parliamentary Standing Committee 2004/2005, PP235, p42). The Paper Tracker understands that this program was not resourced to assist the recipients in completing the 50 hours of supervised driving in a

roadworthy vehicle. [xiv] Helps, Y et al. 2008, Aboriginal People Travelling Well: Issues of safety, transport and health , Department of Infrastructure, Transport, Regional Development and Local Government, Australian Government, p3. [xv] Parliament of South Australia. 2005, Annual Report of the Aboriginal Lands Parliamentary Standing

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Committee 2004/2005, PP235, p30. [xvi] This newspaper regularly publishes a Police news article summarising police apprehensions and other activities. An article published in early January 2009 highlighted a number of driving offences that it would appear were committed by Anangu. For example: on December 18, an Oak Valley man was arrested in Ceduna in relation to driving offences. on December 18, a Yalata man was reported in

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relation to driving offences in Ceduna. on December 20, Ceduna police arre sted a 30-year-old Yalata male for driving a motor vehicle whilst under the influence of liquor and for driving whilst disqualified. (Police News, 8 January 2009, West Coast Sentinel, p5). [xvii] Peters v Police. 7 January 2009, Reasons for Sentence of The Honourable Justice Gray, Para 2 & 14. See also: Coates, R. 7 July 2008. Email to K. Peterson.

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[xviii] Peters v Police. 7 January 2009, Reasons for Sentence of The Honourable Justice Gray, Para 14. [xix] Peters v Police. 7 January 2009, Reasons for Sentence of The Honourable Justice Gray, Para 12, 13 & 15. [xx] Peters v Police. 7 January 2009, Reasons for Sentence of The Honourable Justice Gray, Para 3. [xxi] Helps, Y et al. 2008, Aboriginal People Travelling Well: Issues of safety, transport and health ,

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Department of Infrastructure, Transport, Regional Development and Local Government, Australian Government, p3-4. [xxii] The residency was conducted in two parts. The first part ran from 5 February to 16 March 2007. The second from 17 October to 27 November 2007. See: http://www.thinkers.sa.gov.au/ikickbusch.html. Accessed 1 February 2009.

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[xxiii] This workshop was held in October 2007. (see: Helps, Y et al. 2008, Aboriginal People Travelling Well: Issues of safety, transport and health, Department of Infrastructure, Transport, Regional Development and Local Government, Australian Government, p68. Also: Kickbusch, I. May 2008, Healthy Societies: Addressing 21st Century Health Challenges, Government of South Australia, p51. Available at: http://www.thinkers.sa.gov.au/reports.html. Accessed: 16 January 2009.

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[xxiv] Kickbusch, I. May 2008, Healthy Societies: Addressing 21st Century Health Challenges, Government of South Australia, p51. Available at: http://www.thinkers.sa.gov.au/reports.html. Accessed: 16 January 2009. [xxv] Kickbusch, I. May 2008, Healthy Societies: Addressing 21st Century Health Challenges,

Government of South Australia, p51 [xxvi] Koutsantonis, T. 14 April 2009, Letter to Rev. P. McDonald. [xxvii] Koutsantonis, T. 14 April 2009, Letter to Rev. P. McDonald. [xxviii] Koutsantonis, T. 14 April 2009, Letter to Rev. P. McDonald. [xxix] Bungala Aboriginal Corporation. 2009, Bungala Aboriginal Corporation Remote Area Driving

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School, unpublished paper. This document was attached to an email sent to J. Nic holls on 1 September 2009 by E Woolford (Bungala). [xxx] Bungala Aboriginal Corporation. 2009, Bungala Aboriginal Corporation Remote Area Driving School, unpublished paper. [xxxi] Bungala Aboriginal Corporation. 2009, Bungala Aboriginal Corporation Remote Area Dr iving

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School, unpublished paper. [xxxii] Woolford, E (Bungala). 6 September 2010. Email to J. Nicholls. END QUOTE

http://www.illawarramercury.com.au/story/112066/driving-courses-to-battle-learner-log20 book-fudging/
QUOTE Learner drivers will be able to cut 20 hours of on-road time if they take part in a driving course, the state government has announced. Roads minister Duncan Gay said the changes, which would involve a half-day professional driving course, would avoid learners and parents fudging hours in log books. For too long governments have taken the opportunity, if theres an accident somewhere, to automatically add extra hours to the learners permit time, he said. (This) stops parents and children currently becoming criminals because 120 hours is just way too much.

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A board of independent road safety experts and an advisory panel will be set up to make recommendations on the course, which is expected to combine classroom and in-vehicle exercises. Mr Gay said the cost of the course would be affordable and will go for about half a day. Extra hours could also be cut if a learner takes part in more driving courses. Further options to assist learner licence holders in remote, lower socio -economic and Aboriginal communities meet learner driver log book hours will also be considered, Mr Gay said.

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Youth advocacy group Youth Action and Policy Association (YAPA) NSW welcomed the changes. YAPA policy director Eamon Waterford said too many young people struggle to meet the requirement of 120 hours on their Ls. One of the biggest issues is cost, he said.

If a young persons parents are working or dont drive themselves, or the young person is in out of home care, 120 hour-long lessons at $60 a pop puts driving out of the range of most young people. By converting 20 hours of driving into an intense one -day course, we are going to see more young people able to access education and employment through having their licence.

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END QUOTE

What we need is the OFFICE-OF-THE-GUARDIAN (Dont forget the hyphens!). A constitutional council that advises the Government, the People, the Parliament and the Courts as to the true meaning and application of the constitution.

15 I look forwards to your details response, if any courtesy will eventuate as such. Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL

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(

Our name is our motto!)

p14 28-1-2014 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