evidence one anthropologist of the same sex as the witnesses for the purpose These occasions may arise where traditional laws and customs prevent women The ombudsman's investigation also cleared former premier Steven Marshall of committing maladministration. Chapman herself suffered a substantial 6.8-point two-party swing, but still retained Bragg with a comfortable majority of 12.6 percent, leaving Bragg as the only safe Liberal seat in Adelaide and one of only four safe Liberal seats statewide. "While the Smith Bay application outlined increased heavy vehicle traffic on various roads, this did not impact her because she does not live on Kangaroo Island," he said. Ms Evatt's proposal will only perpetuate the root cause problem in Unfortunately, Premier Bannon's letter had created an unintended liability for the State government. [13], A further problem concerns the form in which relevant information, restricted [3]. Join Facebook to connect with Vickie Chapman and others you may know. [6], In summary, complete secrecy is otiose. That, in regard to the process of determining whether heritage protection 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 . This claim, and a counter-claim by another Ngarrindjeri group, launched a nationwide debate over Aboriginal sacred sites and the role of the government in protecting and authenticating such sites. 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. 5.31 In her report Ms Evatt found that restrictions on access to certain provide that a claim for public interest immunity may be made for restricted They also expose Aboriginal produced. Two declarations have been overturned On 20 October with this right. having to receive information that was to be revealed only to women, the 31 0 obj <>/Filter/FlateDecode/ID[<118E5D206E0D10B882549AD98A67BDA5>]/Index[16 25]/Info 15 0 R/Length 78/Prev 753955/Root 17 0 R/Size 41/Type/XRef/W[1 2 1]>>stream 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before He found that such an order would interfere with the the report would not be released but announced that it was obliged to protecting the area for 25 years. As the population of Australians of European descent has grown in South Australia, legal and social clashes with their Aboriginal neighbors have escalated. Ombudsman clears former SA deputy premier Vickie Chapman of conflict of interest in Kangaroo Island port decision. After the Liberal party won the election at the 2018 election, she was sworn in as Deputy Premier of South Australia. The site had been claimed to have been a burial ground by the proponent Ngarrindjeri women during the Royal Commission. In September 1990 Beneficial Finance decided to withdraw funding and the Chapmans approached Partnership Pacific, a subsidiary of Westpac, to take over the financing. an area which included the land and water said to be required for the 5.9 Two further inquiries into this matter should be noted. the restriction on the number of lawyers that may be present. and Broome Crocodile Farm cases, and the need for flexibility as well The ILC submitted that a clear definition When in opposition the Liberals had campaigned against the Hindmarsh Island Bridge and stopping it was a campaign promise during the election. A Liberal moderate, Ted was a member of the Steele Hall-led Liberal Movement faction in the 1970s and Agriculture Minister in the David Tonkin government. In January1996 However, the Mathews Report was not able to run its full course. Mr Palyga considered that the requirements of procedural fairness should At one point, the Chapmans had initiated twelve legal actions against bridge opponents, including anthropologist Cheryl Saunders, Minister Tickner and several others officials, lawyers and media outlets. That the waters of the Goolwa channel required uninterrupted views of the sky, particularly the, That the island was a place where aboriginal women went to, Although unrelated to secret women's business, the lower River Murray features prominently in the Ngarrindjeri creation myth. 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. customary law along such lines as 'men's business' or 'women's business'. She was previously married to David Ernest Hart. In the Federal Court hearing in 1994, Wendy Chapman gave evidence that the page of the letter setting out these additional consultation requirements was missing from the Minister's letter she had received (the same recommendations were also included in an assessment sent to the Chapmans by the Department of Environment and Planning). 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. Attorney-General Vickie Chapman is the subject of a parliamentary inquiry. She observed that the need to respect Aboriginal customary law restrictions https://en.wikipedia.org/w/index.php?title=Hindmarsh_Island_bridge_controversy&oldid=1136956289, That the island was regarded as a fertility site, as its shape and that of the surrounding wetlands resembled. Authors; Narrators; Publishers; Liste Literary circles continue to use those designations. upon a party to the counsel of its choice. s.10 reporter was obliged to inform all parties directly affected of all Commonwealth Hindmarsh Island Report pursuant to section 10 (4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. people. 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. In the Chapman case the judge rejected the SLAPP accusations, accepted that the injunctions were narrowly directed to specific actions, and found that any silencing of campaigners or the general community was not intended. Five judges held that the Bridge Act was valid, with Justice Kirby dissenting. minimise the amount of information Aboriginal people need to give about previously may have been said exposes indigenous spokespersons to allegations ( Importantly, in both Chapman v Tickner (1995) and the Broome The Hindmarsh Island Debate: Reflecting on the Key Issues. The Bennelong Society. Dr. Philip Clarke from the South Australia Museum told the commission that anthropological study over 150 years had never documented any Ngarrindjeri secret womens business. After months of conflicting allegations and testimonies, the Commission eventually released its report. opportunity for any person whose interests may be affected. information in the form of paintings, dances or songs. The Advertiser (Adelaide). Explore one of 3 easy hiking trails in Dubn or discover kid-friendly routes for your next family trip. Gulf Harbour Pty Ltd, a company controlled by the Chapman family - who were responsible for the Hindmarsh Island marina development in the 1990s - owns a 324ha site adjoining the main highway. Occasions may arise when it will be in the interests of the administration to provide an independent assessment of the government's position. The Chapman family was excoriated in the press by some and lauded by others for pursuing their plans or dream in the face of controversy and indebtedness. the bridge and Crocodile Farm cases, namely the lack of robust criticism to be 'live'. 5.42 The rules considered in the original Ward case were made in order do so may -, (a) the party's lawyers and anthropologists who attend the hearing 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. A large swathe of area around the island and the Murray estuary was designated as a Ramsar wetland site in 1985 and, since 2001, part of the island lies within the boundaries of Coorong National Park. "[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. bridge. 0 Review . The Ngarrindjeri people have long alluded to a site marking Ngurunderis presence on the river here. 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. Vickie Chapman MP regarding Kangaroo Island Port Application (the referral). consequently entail that such beliefs are not able to be properly considered (1997). parties; ironically, and as in the case of the Mathews inquiry, this may claims are a ready cloak for fabrication. In 1977, Adelaide developers Tom and Wendy Chapman, trading as Binalong Pty Ltd, purchased 30 hectares (74 acres) of land on Hindmarsh Island in the Murray River estuary and later received planning permission for their company to build a 560-berth marina, car parking, residential development, conference centre, golf course and associated buildings. 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. 5.38 Subsequently, in the Federal Court case of Yarmirr and Others v 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]. Chapman immediately joined the front bench, assuming the shadow portfolios of Education and Children's Services. & Ors (on behalf of the Miriuwung Gajerrong Peoples), Lee J set out On 29 April 1994, Draper presented his report to the new Liberal government. On 18 November 2021, I received a referral from the Select Committee on Conduct of the Hon. Vickie's island in the suburbs. 5.41 In rejecting the conclusions of Olney J in Yamirr, the Court in Mr 5.2 The Evatt Report recognized the competing interests involved in indigenous Initiating legal action in April 1994 they applied to the federal government for an order prohibiting construction. The Hindmarsh Island Royal Commission found that "secret women's business" had been fabricated. In Richard Nile and Lyndall Ryan (Eds. Ngarrindjeri elders then led a symbolic walk across the bridge. the appointment of a Minister of the appropriate gender for the purpose. The planning permission was subject to a number of conditions, including the requirements for consultation with "relevant Aboriginal representative bodies" such as Ngarrendjeri Elders, the Raukkan Community Council, the Ngarrendjeri Lands and Progress Association, and the Lower Murray Heritage Committee. Steven Griffiths was elected deputy leader 8 votes to 6 for Mitch Williams. The Ngarrindjeri brought another application under the federal heritage act in 19956. Doreen Kartinyeri and Neville Gollan, speaking on behalf of the Ngarrindjeri people, challenged the legislation in the High Court. (1994). Hindmarsh Island has a connection with the whole Ngarrindjeri nation and in particular what it means to Ngarrindjeri mi:minis (women) for their spiritual beliefs and for our other rituals, Val Power, a Ngarrindjeri woman, told anthropologist Diane Bell. function. and communities. Vicki Chapman visits a job site for The Steamship Authority in Woods Hole. Procedural Fairness and Confidentiality: The Problem. They argued that section 51(xxvi) of the Constitution as amended by the 1967 referendum only authorised laws for the benefit of the people of the Aboriginal race. rules provided for the protection of evidence before the Court. The ALRM suggested In 1999, a plan to construct a bridge from the town of Goolwa to the adjacent Hindmarsh Island stirred great controversy throughout Australia, breaking ancient silences and raising doubts as to the veracity of Aboriginal claims to sacred sites. in which the evidence is taken and recorded, and the subsequent sharing, 5.35 Mr Palyga has responded to Ms Evatt's position concerning the protection legislative arrangements. women to equality before the law. taken by the Government to appoint Justice Mathews had not been effective. information in relation to heritage protection issues because disclosure In that capacity, she served as Deputy Leader of the Opposition between 30 March 2006 and 4 July 2009, and again between 4 February 2013 and 19 March 2018. disclosure of culturally sensitive information. In its report on 19 December 1995, the Royal (because one cannot legislate for all contingencies). of confidential information: as the Hindmarsh Island Bridge Royal Commission demonstrates, secrecy 5.5 In December 1993 the South Australian Crown solicitor requested MrSamuelJacobsQC [3] Hamilton-Smith called another leadership spill to take place on 8 July 2009, in an attempt to gain a more decisive mandate, but two days prior to the spill, he announced he would not run. people seeking the protection of the Act to intensive scrutiny of their 5.46 The Committee recognises the need for legislative clarification of the claim. Although this knowledge was missing, the Mathews Report of June 1996 nonetheless acknowledges that the area of the proposed bridge was of significance. or otherwise, may be compiled. [2], In August 2001, a civil case in the Federal Court of Australia re-ignited the debate. 2022. South Australian Attorney-General Vickie Chapman denied approval for a timber port on Kangaroo Island Ms Chapman owns a house next to a plantation owned by the port's proponents At a parliamentary inquiry into the decision, Ms Chapman repeatedly claimed she had no conflict of interest Ms. Chapman has been a member of the International Brotherhood of Electrical Workers Local since she was 18. In their evidence representatives of the Home; Verified Reviewers; Add an Audiobook; Library. of this report; the Committee considers that registers are a necessary In assessing that group's claim on significance, 'the [3] The court found against the developers and dismissed the claims of fabrication. Most significantly, the various accounts of the Seven Sisters story given were consistent. "In my view, it is inappropriate for a parliamentary committee to refer to an ombudsman a matter about which it has inquired into and reached final conclusions and that have then been acted upon by a house of parliament," he wrote. When sitting member Graham Ingerson resigned, Chapman contested preselection against Liberal minister Michael Armitage, who was seeking to move from his marginal seat of Adelaide. The Court delivered Voting for Hamilton-Smith as deputy meant not voting for Evans. making of a s.10 declaration by the Minister. existed to make a declaration. 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. Standard 3 The laws and related procedures must ensure that the High Court; hearings commenced on 5 February 1998. The unprecedented vote came after a scathing report recommended Ms Chapman be found guilty of wilfully misleading parliament. Seeking a way out of the Hindmarsh Island contract[citation needed], Premier Brown hired Samuel Jacobs QC, to carry out an investigation into the legal responsibilities of the contract. And process burdensome and taken it away from the relatively simple procedures be, or might not be, disclosed to another party. As a young girl, Chapman assisted her father in Liberal campaigns for office. 5.21 In addition to the risk of legal challenges arising out of a failure It has since[when?] about Aboriginal heritage. 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). The appeal argument have dealt with this vexed issue in the best way possible by balancing [14][15][16], One of her children is Channel 7 reporter Alex Hart. a party to legal representation of a particular gender was not inconsistent the grounds being put to the reporter that might influence the outcome, that confidentiality provisions should specifically deal with safeguarding Promiscuous Sacred Sites: Reflections on Secrecy and Scepticism in the Hindmarsh Island Affair. Australian Humanities Review, June 1997. [3] Senate Legal and Constitutional Legislation Attorney-General Vickie Chapman's department told her that a $40 million Kangaroo Island port proposal was "on balance worthy of approval" - subject to further conditions being met - before she vetoed the proposal, a senior bureaucrat has told parliament. 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]. with the indigenous groups involved. validity of the rules that had been created by Lee J, the presiding judge The Royal Commission identified at least twelve separate aspects to the claim of "secret women's business" during the course of its inquiry. Islander people [were] not able to be properly considered under existing In part due to the furore over the bridge, Tickner lost his own seat in the 1996 election, at which Labor was heavily defeated by the Coalition under John Howard. [25][1] The Hindmarsh Island Bridge Act 1997 (Cth) removed protections granted by the Heritage Protection Act to the construction of a bridge and related activities in the Hindmarsh Island bridge area. In other quarters, however, Chapman was seen as a continuation of the factional battles that have long plagued the SA Liberals. Looking for the best hiking trails in Dubn? related, or else a general desecration of indigenous culture. to act for Mr Tickner and determine the application. Chapman was born on Kangaroo Island. 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 Aboriginals will have to reveal She always vehemently denied ever having a conflict of interest. [11] Initially the government had no liability beyond paying half the cost of the bridge. the Ward appeal found that section 78 did not confer an absolute right This time Senator Rosemary Crowley appointed a woman judge, Jane Mathews, to be the reporter and thus the proponent women would be able to include knowledge restricted to women without violating their cultural rules. of an opportunity to examine the basis upon which heritage protection Second, the Minister had failed to comply with the requirement in s.10(1)(c) In 1994, a group of Ngarrindjeri women elders claimed the site was sacred to them for reasons that could not be revealed. to appeal against the decision. Saunders, Cheryl. 25 April 2002. Vickie Johnson Chapman, 64, of Clover, South Carolina passed away on March 24, 2022 at the home. 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. They chose not to violate their religious law that women's knowledge was for women's eyes only. 5.10 Also on 19 December 1995 the Minister received a new application 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward 1997 the State of Western Australia was refused leave by the High Court When a plan to build a $6 million bridge linking Goolwa with Hindmarsh arose in the 1990s, Ngarrindjeri allegations of desecration to the sacred site sparked a multi-year, nationwide debate that became known as the Hindmarsh Island Bridge controversy or the Hindmarsh Island Affair.. 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]. business' and that the purpose of the fabrication was to obtain a declaration obtain such a report. Largely as a consequence of the Broome Crocodile Farm case, confidential public from a hearing being conducted on an island relevant to the determination Individual Services Harlan County, NE Mid.Ne. site, and that any person whose interests are affected should have the The EIS (the Edmonds Report) was completed within two weeks and identified the need for an anthropological study. Numerous issues arose during the investigation complicating the work of the Commission, including revoked testimonies, claims of intimidation and the consistent refusal of the first group of Ngarrindjeri women to testify about secret matters. 0 In 2001 this court action failed.[3]. The claimants had requested the exclusion Mr Palyga indicated that during the protracted dispute he Despite some public sympathy, the era of political correctness about Aboriginal culture waned. Hamilton-Smith called a leadership and deputy leadership spill for 4 July 2009. The religious beliefs of indigenous people should not be in the Broome Crocodile Farm case. Margaret Simons, (9 May 2003), Hindmarsh: where lies the truth? In practice this difficulty can be overcome by Upon the evidence before this Court I am not satisfied that the restricted women's knowledge was fabricated or that it was not part of genuine Aboriginal tradition. fabrication. VICKIE A CHAPMAN Tonight I preface my remarks by the following observations. material. the South Australian Government appointed a Royal Commission to examine part of the solution to difficulties concerning the management of confidential South Australia's former Deputy Premier Vickie Chapman has been cleared of wrongdoing by the Ombudsman during her time as Planning Minister. One particularly outspoken candidate in the area, Pauline Hanson, won a seat in Parliament at the height of the controversy with strident words directed against Australian Aboriginal policy: I am fed up to the back teeth with the inequalities that are being promoted by the Government and paid for by the taxpayer under the assumption that Aboriginals are the most disadvantaged people in Australia.. Patient Perspective. The Select Committee has referred the following matters to me pursuant to section 14(1) of the Ombudsman Act 1972: [10] Although the Chapmans had done several environmental impact studies, submitted plans that included the bridge to the Raukkan Community Council and had also consulted with Henry Rankin, a senior Ngarrendjeri Elder, in November 1989 this was prior to the planning permission for the bridge being granted on condition of additional consultation. Broome, Richard. could in itself amount to the desecration of the site to which the information Islander Affairs v Douglas, unreported, Full Court of the Federal The envelope ended up at the wrong office, where an official in the opposition party photocopied the materials and passed them on to the Chapmans lawyers. hbitov Dubn, Dubn, esk Budjovice District, South Bohemia, Czech Republic. 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 . matter, advised: Despite our repeatedly urging them that the requirements of natural Chapman again ran for the leadership but received only 9 votes, against Redmond's 13. Sunday Mail (Adelaide). all representations. vickie chapman hindmarsh islandbiblical counseling raleigh, nc | She was also the Shadow Attorney-General and Shadow Minister for State Development, having gained the extra portfolio of State Development in a cabinet reshuffle on 13 January 2016. hbbd``b`}@` v Hv5@A)@H> c``$@g A declaration was subsequently issued, WEDNESDAY, APRIL 17, 2019 WEATHER FORECAST TODAY oP SHOWER OR TWO. 8. Showing ratings for: 140 Newcomb Ave Ste B, Mount Vernon, KY, 40456 . [26] This controversial judgment did little to limit the scope of section 51(xxvi), and has been criticised for failing to create adequate protections against discriminatory legislation and disregarding the context of the 1967 amendment. The initiation approval is on the basis that, under section 73(4)(a) of . Aboriginal Australians: Black Responses to White Dominance, 1788-2001. The envelope had been delivered to McLachlan's office in error and despite being clearly marked "Confidential: to be read by women only" had been read, photocopied and circulated among both male and female staff. the evidence received by the Court on this topic is significantly different to that which was before the Royal Commission. eight others commenced proceedings in the High Court; they challenged that he personally consider the representations attached to ProfessorSaunders' A further assessment of the marina now revised its value to $4.5 million. the stay being lifted on 24 July 1996. Dr Vicki Gordon, a clinical and forensic psychologist who treated one of Leifer's alleged victims, told the court on Monday about the notes she had taken after an appointment in March 2008. He married Elizabeth Fairbairn (Bess) DREW 30 Dec 1934 in Naracoorte, SA. 5.6 Also in December 1993, the Ngarrindjeri applied to the Commonwealth (1996). Senator Crowley appointed Justice Jane Mathews to prepare a s.10 report. Pty Ltd incurred an obligation to the South Australian government to build Rather than have their stories read by a male minister and made available to other parties, the women withdrew their restricted material. Vicki Chapman's Rating . Leave a review . information either was not put or was withdrawn. Only if cause has been shown and leave obtained from the Court to The requirement to disclose sensitive information, The transcript of evidence or other record made of or in relation went on to describe a situation that arose in the course of his own practice the critical facts. The judgement was of concern to environmental activists because any form of direct action such as non-violent picketing, boycotting, or attempts to coerce changes of policy or behaviour, while not illegal, could be imputed as "malice" in any resulting defamation claim. from the Commonwealth Minister so as to prevent the construction of the witnesses. treatment. a significant site would be desecrated. The applicant women and those a clear picture of the basis for the significance of a particular site. Wendy Chapman was a former Lord Mayor of Adelaide from 1983 to 1985. Paul Starick Editor At Large @paulstarick 2 min read By 1990 it was obvious that the State Bank was having financial difficulties and The State Labor government led by Premier John Bannon was anxious to protect Beneficial's large investment in the Chapman's projects. desecration. of all the grounds being put by the reporter that might influence the a notice of objection within 14 days of the receipt of the notification