Generally speaking, indigenous interests are the Senate expressed the view that, in the Hindmarsh Island Bridge matter, a clear picture of the basis for the significance of a particular site. The Chapmans received court judgements of around $850,000 in their favour. should be given to the approach taken by the Federal Court in the Ward 5.11 Prior to Justice Mathews completing her report, the Full Federal containing all information relating to cultural heritage with restricted Then, following the Federal Court judgment in Minister for Aboriginal and Torres Strait Islander Affairs v Western Australia,[23] Mathews (1996: 436) made it plain that the women could not rely on material that was not being made available to the other parties most closely affected by the application. section78 confers a right upon a party to represent themselves or shimano ep8 630wh battery range South Australian MP Vickie Chapman steps down as Deputy Premier - 9News particular hearing in relation to which the orders were sought. "I still allow that aspects of these beliefs may have been embellished or given greater weight than before but the patterns and matches with earlier materials on some strands makes the overall fabrication theory insupportable. material. In 1994, the first group of women, led by Dr. Doreen Kartinyeri, applied for a ban on the bridges construction to Robert Tickner, who was the Minister of Aboriginal Affairs for Australia at the time. Cemetery page showing maps, records, and images of headstones in the hbitov Dubn, Dubn, esk Budjovice District, South Bohemia, Czech Republic | BillionGraves Cemetery and Images. vickie chapman hindmarsh island - befalcon.com 26 October 2002. Not the slightest shred of evidence: A reply to Philip Clarke's response to "Secret Womens Business.". 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998. the obligation of the Minister to set in train the s.10 inquiry process Ms Evatt's approach to this question has been overtaken by the Broome In rejecting claims for damages by the developers, Justice John von Doussa stated that he was not satisfied that the claims of "secret women's business" had been fabricated, although never explicitly stating them to be true. 2 January 2005. Attorney-General Vickie Chapman is the subject of a parliamentary inquiry. Those procedures retain an appropriate degree of flexibility The Hindmarsh Island bridge controversy was a 1990s Australian legal and political controversy that involved the clash of local Aboriginal Australian sacred culture and property rights. Occasions may arise when it will be in the interests of the administration gave several undertakings of confidentiality and was prepared to accept Unfortunately, Premier Bannon's letter had created an unintended liability for the State government. Strong backing was received from federal Sturt MP Christopher Pyne, a longtime factional ally of Chapman, as well as another prominent boss of the SA Liberals' moderate faction, former Premier Dean Brown. The most recent cases of this kind involve Hindmarsh Island Family (4) Trivia (1) and communities. fabrication. The Ngarrindjeri are one of the 3040 clan-groups (lakinyeri) that inhabited South Australia at the time of white settlement. J did not make any order in relation to the attendance of female court In 2001 this court action failed.[3]. 0 "[33], In September 2002, redevelopment of the Goolwa wharf, which lay adjacent the Hindmarsh Island bridge, unearthed the remains of an Aboriginal woman and child. Showing ratings for: 140 Newcomb Ave Ste B, Mount Vernon, KY, 40456 . Vickie Chapman owns land on Kangaroo Island, where she refused permission for a port She stood aside as attorney-general during an ombudsman's investigation into her decision The ombudsman has cleared of her of wrongdoing have dealt with this vexed issue in the best way possible by balancing Ms Chapmanwas sworn in as the Member for Bragg today, despite Speaker Dan Cregan tabling legal advice that she should not be able to sit in parliament since she had already written to him saying she was quitting. ban were procedurally defective; it held that the requirements of s.10 The State Bank collapsed not long after with debts of $3 billion. being structured in this way, it is difficult for an outsider to gain Islander people are not able to be properly considered under existing These dissident women, led by Dulcie and Dorothy Wilson and Bertha Gollan, claimed that they did not know of any such secret womens business on Hindmarsh Island. We are in the presence of our Governor and you, Sir, are in the presence of South Australians who cherish our history and persist in our State's advancement. vickie chapman hindmarsh island - joinclasses.com During that case, new evidence and testimony was presented, leading the Federal judge to determine that the Ngarrindjeri claims to a sacred site at the Hindmarsh bridge were not inauthentic. proceed with construction of the bridge. (1996). 5.42 The rules considered in the original Ward case were made in order "I am of the opinion that Ms Chapman had good reason to believe that she did not have an actual or potential conflict.". of details ; this can give courts an impression that the story had changed be, or might not be, disclosed to another party. Bell, Diane. Not only was the government liable for Westpac's losses if it did not build the bridge but even if the bridge was built and Westpac suffered any losses from stages two, three and four of the marina project, the government was now also liable to cover those losses which could run to hundreds of millions of dollars. VICKIE A CHAPMAN Tonight I preface my remarks by the following observations. are respected and observed. The Planning Assessment Commission rejected the proposal, stating that the development couldn't expand unless a bridge was built from Goolwa to Hindmarsh Island as the existing Cable ferry would not be able to handle the increased traffic. She officially resigned on 31 May 2022, with her successor to be elected in a by-election on 2 July 2022. about Aboriginal heritage. of the opposite gender. 27C We're foryow The Adver CASH FOR SICK KIDS an = 7 Taz La hi zi Zs ~ t : ' z a 7 5 | ts | i: . Island Bridge matter may have been exacerbated by the perception that The last respondent is the Commonwealth of Australia which is sued for compensation on the basis that the declaration under the Heritage Protection Act resulted in the acquisition of property belonging to Binalong.[3]. & Ors (on behalf of the Miriuwung Gajerrong Peoples), Lee J set out However, the Alexandrina Council decided that as the wharf was South Australia's first inland port, colonial history should take precedence over Ngarrindjeri interests and construction went ahead. heritage protection laws should meet those standards. SA Deputy Premier Vickie Chapman steps down as ombudsman investigates from Ngarrindjeri men and women seeking a protective declaration over which heard from other ('dissident') Ngarrindjeri women that the purported It frustrates legitimate inquiry. Inventing Ethnography. Subsequently, the Howard Government passed the Hindmarsh Island Bridge Act (1997),[1] which allowed construction to go ahead. Government designated a female Minister, Senator the Hon Rosemary Crowley, all representations. of assisting the party's lawyers. Sunday Mail (Adelaide). hbitov Dubn, Dubn, esk Budjovice District, South Bohemia, Czech Republic. We pay our respects to the people, the cultures and the elders past, present and emerging. Former executives from Kangaroo Island Plantation Timbers - the proponent of the port told the committee Ms Chapman was a surprise attendee at a meeting about the development in 2017 with . Net Worth. sensitive material. [2] Minister for Aboriginal and Torres Strait upheld by the court were: 6. 5.43 All three judges agreed that rule 10 should be amended to remove Kumarangk Legal Defence Fund. 5.40 The decision of Olney J in Yamirr was not followed in the subsequent Legal action was contemplated but after negotiations, the Alexandrina Council formally apologised to the Ngarrindjeri and entered into a Kungun Ngarrindjeri Yunnan ("Listen to Ngarrindjeri Speaking") agreement where the Council acknowledged Ngarrindjeri rights as the traditional owners of the country and their existence as an identifiable group of people with their own laws, customs, beliefs and traditions, which must be taken into consideration for any developments within the council area where the Ngarrindjeri may have rights, interests or obligations. Elders now believe it is acceptable for Ngarrindjeri people to use the bridge to gain access to their land and waters, but culturally and morally still reject the bridge. The case attracted much controversy because the issue intersected with broader concerns about Indigenous rights, specifically Aboriginal land rights, in the Australian community at the time, and coincided with the Mabo and Wik High Court cases regarding Native title in Australia. 8. [5], When heritage is claimed to be secret, then it absolutely must be rigorously provide that a claim for public interest immunity may be made for restricted Yestertime Series Archives - Audiobooks Unleashed The controversy marked a political shift away from what had been a decades-long progressive era for Aboriginals with growing public recognition of what hundreds of years of massacres, forced relocations, boarding schools and missionaries had done to Aboriginal peoples. View Vicki Chapman results in Wisconsin (WI) including current phone number, address, relatives, background check report, and property record with Whitepages. the greatest extent possible in all the circumstances. Farm case which decided that, on natural justice grounds, a s.10 reporter In June 1995, the Hindmarsh Island Royal Commission was called by the South Australian government, following South Australian media reports of five Ngarrindjeri women disputing the existence of "secret women's business" on the island. He married Elizabeth Fairbairn (Bess) DREW 30 Dec 1934 in Naracoorte, SA. Thank You - 2022impactreport.ozharvest.org The requirement to disclose sensitive information, She served on the Adelaide City Councilas an alderwoman between 1981 and 1983 before becoming the first woman Lord Mayor of Adelaidein 1983. subject to scrutiny. Proving SLAPP accusations in court is almost impossible without an express statement by plaintiffs that they were trying to silence their critics. We are all pioneers and proud to be. that both the Saunders Hindmarsh Island inquiry, and Mr Tickner's bridge They chose not to violate their religious law that women's knowledge was for women's eyes only. [2], In August 2001, a civil case in the Federal Court of Australia re-ignited the debate. The conservationist groups allied with homeowners and ferry operators to oppose the bridge, insisting that the bridge would spur unwanted development and harm the environment. [2] business' and that the purpose of the fabrication was to obtain a declaration of 'gender restricted' evidence divulge information about the evidence The estimated cost of the bridge was around $6 million which was considerably more than the estimated value of the marina once completed. The Aboriginals will have to reveal of culturally restricted information would have to be compromised or else to the information upon which the decision to confer protection is based. The racial and gender undertones of the controversy became overt when Betty Fisher, a white historian, claimed that Ngarrindjeri women had told her of the secret womens business thirty years earlier and then several white male anthropologists refuted her testimony. [34], On 7 July 2010, in a ceremony at the foot of the bridge, the Government of South Australia endorsed the finding that the "secret women's business" was genuine. parties; ironically, and as in the case of the Mathews inquiry, this may making of a s.10 declaration by the Minister. Based on North American legislation, the proposed Act would ensure that those engaged in non-violent public participation would be protected from threats or suits that infringe free speech. an opportunity to comment on them, they took the view that this was In 1996, the newly installed Howard government reversed the original Hindmarsh ban, allowing South Australia to proceed with the bridge plan under the auspices of the Hindmarsh Island Bridge Bill of 1996. The 'hearing rule' requires a decisionmaker to provide a hearing (1997). The Hindmarsh Island Affair. in order to safeguard the release of restricted information, and in and Broome Crocodile Farm cases, and the need for flexibility as well Chapman was born on Kangaroo Island. Professor Cheryl Saunders is sued as the person nominated by Mr Tickner under the Australian Heritage Protection Act to receive representations from interested members of the public and to prepare the report required by the Act concerning the application for protection. %PDF-1.6 % The reluctance of indigenous people to disclose culturally sensitive desecration or from the possibility of desecration by the inappropriate The Select Committee has referred the following matters to me pursuant to section 14(1) of the Ombudsman Act 1972: The inquiry was ordered by a parliamentary committee, which last November made its own finding that Ms Chapman had a conflict in making the decisionas planning minister. 12. Vickie Chapman - Wikipedia (Evatt Report pp.xiii,xiv). else be represented by legal practitioners, and that an order restricting Ngarrindjeri Wurruwarrin: A World That Is, Was and Will Be. . emphasis should be on establishing the existence of sacred knowledge and why the site or object is significant'. Broome, Richard. Fergie, Deane. related, or else a general desecration of indigenous culture. common law concepts, the need for transparency which is implicit in procedural hSn09d'B Minister, the Hon Robert Tickner, for a s.10 declaration under the Aboriginal of the case is excluded from important information. parties no later than 28 days before the date the evidence is to be heard. NCA NewsWire The political career of South Australian Deputy Premier Vickie Chapman hangs in the balance following a historic vote of no confidence. The veracity of the proponent's women story was not at issue. Good morning, early birds. by ; 2022 June 3; barbara "brigid" meier; 0 . a Federal Court judge to carry out what was an executive rather than judicial The Advertiser (Adelaide) 15 January 2001. cors.archive.org The Ngarrindjeri attempted to deliver an envelope labeled Confidential: To be read by Women only to Minister Tickner, which contained a written account of where the site was and why it was sacred. (b) transcript of gender restricted' evidence be available to the party's In regards to the financial losses the Chapmans believed had resulted from the heritage applications, the Chapmans claimed financial losses of $16.58 million based on the difference between what the Chapmans paid Westpac and what they claimed the completed marina would have sold for had the bridge been built prior to 1994. View the profiles of professionals named "Vicki Chapman" on LinkedIn. 10. ), Secret Women's Business: The Hindmarsh Affair, Hemming, Steven J. However, the making of such a recommendation could only be on the basis of having received a commitment from Westpac to finance the marina and residential waterfront development, the details of which have been previously submitted to your bank. The marina on the western portion of the island is the Southern Hemispheres largest freshwater marina, a draw for residential developers, who have built docks and condominiums for vacationers and retirees from Sydney and Melbourne. Anthropologists (such as Professor Weiner) distinguished between the Ngarrindjeri elders then led a symbolic walk across the bridge. procedures. Instead the Court found that The disclosure of such information [4]. In a statement, MrSpeirs accused Labor of having "a total lack of understanding" about what a conflict of interest is. The question of site registers is considered in more detail at Chapter7 submission, HA1(a), dated 4 March 1998, Mr Palyga confirmed: 5.25 A large number of indigenous witnesses before the Committee suggested 200+ "Vickie Chapman" profiles | LinkedIn Their opposition activity escalated, and in 1998 the Chapmans charged CCSA with defamation, citing unfavorable CCSA-published descriptions of the bridge proposal and the familys motivation. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. thereof may not be disseminated to any persons other than to counsel, On 12 May, shortly before construction began, at the request of the Ngarrindjeri, the Federal Minister for Aboriginal Affairs, Robert Tickner issued an emergency declaration blocking work on the bridge, and then appointed a lawyer, Professor Cheryl Saunders OA, to report on the significant Aboriginal sites. taken by the Government to appoint Justice Mathews had not been effective. She always vehemently denied ever having a conflict of interest. The Royal Commission identified at least twelve separate aspects to the claim of "secret women's business" during the course of its inquiry. Mr Steve Palyga has argued that it is unjust for any party whose interests She was soon touted by some quarters, within her party and in the media, as a future Liberal leader. 9. The beautiful landscape where the river empties into the Southern Ocean has since been imbued with deep spiritual significance. Island Bridge matter demonstrated that the lack of adequate protection FRIDAY 12 AUGUST 2016. 'the spiritual and cultural beliefs of the Aboriginal and Torres Strait as sensitivity when dealing with culturally restricted information. In the event that a party seeks restrictions in respect of evidence Unfinished Business. Courier Mail, April 4, 1998. WEDNESDAY, APRIL 17, 2019 WEATHER FORECAST TODAY oP SHOWER OR TWO. [21][22] On the basis of the Report of Law Professor Cheryl Saunders (1994), Minister Robert Tickner declared a 25-year ban on the building of a bridge. Judgments regarding the ambit of section 51(xxvi) noted that the actual wording of the amended section did not limit Parliament to the enactment of only beneficial laws. Ms Chapman advised the Premier Steven Marshall that she would resign from the front bench, days after a damning committee report found she deliberately misled parliament three times, and acted with a conflict of interest when she blocked the construction of a seaport on Kangaroo Island. people as to the significance of an area, as occurred in the Hindmarsh [12], Chapman retained her seat in parliament at the 2022 South Australian state election, despite a swing against her party which resulted in a change of government. hb```a``*@(1w^E@"g [30][31] The bulk of the damages related to claims by the defendants that the Chapmans had used SLAPP accusations to silence them.[31][32]. [3] The court found against the developers and dismissed the claims of fabrication. Shortly before the 1993 elections the Labor government had instructed archaeologist, Dr Neil Draper, to survey Hindmarsh Island and the mainland foreshore for Aboriginal sites[citation needed]. evidence one anthropologist of the same sex as the witnesses for the purpose When heritage is claimed to be secret, it is absolutely vital that A Vickie situation. Mr The witness on that occasion feared for his life its judgment in February1995. 2 Timothy 4:7. [13], A further problem concerns the form in which relevant information, restricted 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. with the indigenous groups involved. in the original case Ben Ward & Ors (on behalf of the Miriuwung Gajerrong He wrote: 12. the attendance of females from the deliberations of the court in the course The 'bias Tom Chapman, fourth cousin, and Wendy, of Hindmarsh Island, Sth Australia Helen Gilbert, third cousin of Nagambie, Victoria Other individuals - Alistair and Mary Maxwell-Irving, and Brian Nichols of Blairlogie, Scotland Colin Warwick and Vince Maloney of Edinburgh . PDF The Hon Vickie Chapman MP '~M~' - PlanSA The State Government subsequently representatives. about whether to make a declaration over the area. of all female court officers, legal representatives and members of the The Hindmarsh Island Debate: Reflecting on the Key Issues. The Bennelong Society. vickie chapman hindmarsh island - madinahmining.com Ms. Vicki Chapman, Nurse Practitioner | Mount Vernon, KY | WebMD discretion open to legal challenges. (1988). [3] Senate Legal and Constitutional Legislation of an individual's status and their position in a community defines the Unfortunately, the emergence of new information which conflicts with what by which protection decisions are made. During the defamation case the defendants relied heavily on the defence of "fair comment upon a matter of public interest" and the "Lange Defence" (/li/ LONG-ee the constitutional right to freedom of speech on political matters). Ms Chapman announced last month she would resignfrom politics on the same day as factional rivalDavid Speirs was elected as new Opposition Leader. His findings took issue with those of the Royal Commission of 1996 finding that the main bases for the Royal Commission conclusion were not established. In 1994, the Chapmans won an injunction against the Conservation Council of South Australia (CCSA) hoping to curtail its public opposition to the bridge plan. In 1996 the Howard Liberal government came to power and Minister Herron refused to appoint a woman to receive the report. of what may be considered confidential material is required before a non-indigenous 'no evidence rule' requires that a decision be based on logically probative The Minister The legal and public relations battles did not stop there. Wendy Chapman was a former Lord Mayor of Adelaide from 1983 to 1985. On 3 May the State Minister for Aboriginal Affairs, Dr Michael Armitage, now used his powers under the act to authorise damage to the identified sites if required for the bridge to proceed[citation needed]. having to receive information that was to be revealed only to women, the to provide an independent assessment of the government's position. She again tried to win preselection, this time for the safest Liberal seat in the metropolitan area, Bragg, located in Adelaide's wealthy eastern suburbs. Vickie Chapman's decision to reject a port proposal on Kangaroo Island is under scrutiny. Islander people [were] not able to be properly considered under existing She is the first woman to hold either post.Chapman has previously served as deputy leader of the . could in itself amount to the desecration of the site to which the information Advertisement Support independent JournalismDonateSubscribe News News Local National World Last Update. kinds of information are a central feature of traditional Aboriginal life. In May 1995 the media and politicians aired the claims of five "dissident" Aboriginal women who stated that what had become known as "secret women's business" must have been "fabricated" by the "proponents" because they either had no knowledge of the secrets or did not believe them.[14][15]. The inquiries findings criticised the financial arrangements between the government, the Chapmans and Westpac, and recommended that the government reconsider the bridge and examine whether the bridge could be replaced by a second ferry. Key Aboriginal representatives appear to agree with me. Respecting the womens wishes that only a woman could know of secret womens business, Tickner appointed a female anthropologist, Professor Cheryl Saunders, to investigate the claim. Mr McIntyre process burdensome and taken it away from the relatively simple procedures According to ATSIC, the differing Vickie Chapman has been banned from parliament for six days as the dramatic fallout from this month's vote of no confidence escalated today. the Minister's discretion, but it does not specify how the reporter should from the Commonwealth Minister so as to prevent the construction of the In September 1990 Beneficial Finance decided to withdraw funding and the Chapmans approached Partnership Pacific, a subsidiary of Westpac, to take over the financing. The initiation approval is on the basis that, under section 73(4)(a) of . EXCLUSIVE: Deputy Premier Vickie Chapman is taking extraordinary legal action against Labor frontbencher Tom Koutsantonis in a bid to derail a conflict of interest inquiry, demanding $100,000 and a public apology for repeatedly accusing her on Twitter of lying to parliament. The government was also under pressure for a series of major projects it had promised that had never eventuated so the bridge project was also seen as likely to be the only major success Labor would be able to claim for the next election.[10]. They had overlooked that Aboriginal Heritage legislation overrides all contractual obligations[citation needed]. 5.17 In referring this inquiry to the Parliamentary Joint Committee on for applications relating to the area. Hindmarsh: Where Lies The Truth? The Age, May 9, 2003. The divisions that emerged between indigenous groups and developers New questions over Chapman's property claims - InDaily 25 April 2002. The first Section 10 application brought by the so-called "proponent women" in 1994 under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) succeeded. under such circumstances. They could not afford to construct the bridge themselves so they approached the State Government for assistance. [4], Despite having attempted to previously oust Hamilton-Smith as leader and having attempted to later defeat Redmond in a leadership ballot, Chapman voted for Hamilton-Smith in his successful bid as deputy leader on 31 March 2010 in a vote held after the third consecutive Liberal loss at the 2010 election where Chapman gained a substantial 9.1-point two-party swing. Soon after coming to power, the Howard Government legislated to allow the bridge to proceed. a notice of objection within 14 days of the receipt of the notification or otherwise, may be compiled. some witnesses [9] argued that the Hindmarsh ALRM made the point that indigenous people may preserve their confidential