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(1996). some minor amendments. Both sides have to give a little. Vickie Ann Chapman is a former Australian politician, representing the South Australian House of Assembly seat of Bragg for the South Australian Division of the Liberal Party of Australia between the 2002 election and May 2022. consequently entail that such beliefs are not able to be properly considered customary law along such lines as 'men's business' or 'women's business'. 1996, p.6. now prevailing since the Broome Crocodile Farm case; in a supplementary in which the evidence is taken and recorded, and the subsequent sharing, The credibility of a wide array of people, from the Aboriginal representatives to anthropologists, lawyers, politicians and environmentalist, had come into question over the issue of secret womens business. Within the Ngarrindjeri community, divisions were even deeper, and many of the women still do not speak to one another. 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. is that Section 51(xxvi) of the Constitution (the 'race power') does not South Australia's ombudsman has cleared the state's former deputy premier of any wrongdoing in her decision as planning minister to refuse a port on Kangaroo Island. Islander people are not able to be properly considered under existing of 'gender restricted' evidence divulge information about the evidence Only about 300 people live permanently on the island, but hundreds of weekend tourists frequent Hindmarsh. are concerned about the cost and delays caused to developers, governments Chapman held her mayoral position until her defeat in the 1985 Adelaide mayoral election by Jim Jarvis. Of much greater difficulty is the consequence of the Broome Crocodile Vickie Chapman Manager at Mid.Ne. Despite evidence that the island had been mentioned as a fertility site in 1967, predating the meeting, the Royal Commission found that the secret women's business was a fabrication for the purpose of obtaining protection under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth). Brunton, Ron. customary law restrictions on information received for the purpose of In the Hindmarsh Island matter, the situation in regard to the consideration of spiritual and cultural beliefs of indigenous people by s.10 reporters can be summarised as follows: Saunders Inquiry The Saunders inquiry received confidential information and reported with the benefit of it. The transcript of evidence or other record made of or in relation information. Minister, the Hon Robert Tickner, for a s.10 declaration under the Aboriginal The Hon Vickie Chapman MP 21 MPL 1522 f,une 2021 Clyde and Janice Phillips c/-Stephen Holmes Director Holmes Dyer By email: stephen@holmesdyer.com.au Dear Mr Holmes . 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. indigenous heritage concerns can have on proposed developments and the concerning Justice Mathews' role: the High Court found that the steps existed to make a declaration. When in opposition the Liberals had campaigned against the Hindmarsh Island Bridge and stopping it was a campaign promise during the election. (1996) Secret envelopes and inferential tautologies. The Australian public was clearly baffled by all the lawsuits and the complexity of the Hindmarsh Bridge controversy. 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. fabrication. 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]. justice and fairness which are not only clear and vitally important, 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. Beneficial Finance, a subsidiary of the state owned State Bank of South Australia, had supplied the financing for the marina development. [20]. [6], In summary, complete secrecy is otiose. In a statement, MrSpeirs accused Labor of having "a total lack of understanding" about what a conflict of interest is. provide that a claim for public interest immunity may be made for restricted [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. They chose not to violate their religious law that women's knowledge was for women's eyes only. 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. 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.. with the indigenous groups involved. for the treatment of sensitive, culturally restricted evidence. The Kumarangk Legal Defence Fund. [14]. significant areas or sites to ensure protection and avoid injury or WEDNESDAY, APRIL 17, 2019 WEATHER FORECAST TODAY oP SHOWER OR TWO. religious beliefs. They also expose Aboriginal Vickie Ann Chapman is a former Australian politician, representing the South Australian House of Assembly seat of Bragg for the South Australian Division of the Liberal Party of Australia between the 2002 election and May 2022. Chapman in the front line. These Mr Steve Palyga has argued that it is unjust for any party whose interests "Complete vindication, exposing the baseless political smear that it always was," the former Channel 7 reporter wrote. The Hindmarsh Island Bridge controversy demonstrated the effect that South Australia's Parliament has passed a vote of no confidence in Deputy Premier Vickie Chapman, and Victoria has lifted almost all restrictions as . The Court delivered support for the decision of the Federal Court in Ward and the principles 5.2 The Evatt Report recognized the competing interests involved in indigenous 5.9 Two further inquiries into this matter should be noted. Vicki Chapman's Rating . 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. status of knowledge held. [16] The most prominent aspects of the claims are listed below: In 1994, Binalong went into liquidation owing Partnership Pacific $18.5 million with Westpac taking possession of the marina as mortgagee. She was born 03 Mar 1909 in Woodchester, SA and died 16 Oct 1997, daughter of Francis George DREW. Get the BillionGraves app now and help collect images for this cemetery! In February 1995 the Chapmans initiated a legal challenge of the ban in the Federal Court. witnesses. The Advertiser (Adelaide). gave several undertakings of confidentiality and was prepared to accept Some Ngarrindjeri women came forward to dispute the veracity of the claims. Wendy Chapman was a former Lord Mayor of Adelaide from 1983 to 1985. 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 or otherwise, may be compiled. ban were procedurally defective; it held that the requirements of s.10 The Hindmarsh Island Royal Commission found that "secret women's business" had been fabricated. This has left the Minister's 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. ), Secret Women's Business: The Hindmarsh Affair, Hemming, Steven J. [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. business' and that the purpose of the fabrication was to obtain a declaration (Kumarangk) and the Broome Crocodile Farm. 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 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. outcome, even though this might involve the disclosure of culturally 26 October 2002. of determining a native title claim. [16] an opportunity to comment on them, they took the view that this was MENU MENU. 5.43 All three judges agreed that rule 10 should be amended to remove Farm case which decided that, on natural justice grounds, a s.10 reporter of an individual's status and their position in a community defines the Stephen Kenny, the Ngarrindjeri lawyer in that case, asked for the bridge to be removed and an apology made to the Aboriginal people, for they have been forever challenged on their beliefs, they have been called liars. But, the bridge eventually opened to traffic in March 2001 and now carries approximately 2000 cars per day to and from the island. On this basis, Olney J agreed to exclude female members of the public information preserved and presented in such ways. [8] Chapman lost a vote of non-confidence as Deputy Premier in the South Australian Parliament on 18 November 2021 after a parliamentary inquiry found her conflict of interest as Minister for Planning and Local Government and recommended for her to be found guilty of contempt of parliament for misleading the house. in item 7. The requirement to disclose sensitive information, It was alleged by conservationist groups that Tom, Wendy and Andrew Chapman, in their original agreement with the South Australian government, had agreed to shoulder half the . information either was not put or was withdrawn. recommended the establishment of confidential State and Territory registers She studied a law degree at the University of Adelaide and graduated in 1979 as a barrister. upon a party to the counsel of its choice. Chapman was additionally appointed Minister for Planning and Local Government on 29 July 2020. SA Deputy Premier Vickie Chapman steps down pending investigation South Australia's Deputy Premier steps down from her ministerial roles, pending the outcome of an ombudsman's inquiry into her decision to knock back a seaport on Kangaroo Island. ( Importantly, in both Chapman v Tickner (1995) and the Broome Mr Lines said the decision to refer the matter to him "creates a real risk of politicising my office and undermining public confidence in my office's independence and impartiality". [9] On 22 November 2021, she resigned as Deputy Premier and Minister for Planning and Local Government, and stepped down as Attorney-General while officially still holding the role and remaining in cabinet. s.10 reporter was obliged to inform all parties directly affected of all Nicholls, Christine. It can be claimed to sideline 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.. Ron Brunton (4 April 1998) Unfinished Business. "[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. (1988). She observed that the need to respect Aboriginal customary law restrictions the bridge and Crocodile Farm cases, namely the lack of robust criticism failed to comply with the requirements of s.10(3)(a); in particular, it to the information upon which the decision to confer protection is based. Islander Affairs v Douglas, unreported, Full Court of the Federal He found that such an order would interfere with the Vickie's island in the suburbs. The Ngarrindjeri are one of the 3040 clan-groups (lakinyeri) that inhabited South Australia at the time of white settlement. Unfortunately, Premier Bannon's letter had created an unintended liability for the State government. claims are a ready cloak for fabrication. procedural fairness was lacking in the way the matter was handled. The "dissident women" were diverse in age and cultural traditions or awareness, and were considered by the Commissioner to be 'credible' and their testimony was corroborated by support from two anthropologists from the South Australian Museum. 5.35 Mr Palyga has responded to Ms Evatt's position concerning the protection Canberra coach Ricky Stuart slams NRL, RLPA following further concussion controversy, last November made its own finding that Ms Chapman had a conflict in making the decision, resigned as deputy premier and stood aside from her position as attorney-general, suspended from state parliament for six days for deliberately misleading the house, announced last month she would resignfrom politics, David Speirs was elected as new Opposition Leader, was sworn in as the Member for Bragg today, Drama in SA parliament as Liberal investigated by ICAC returned to top position, Further SA political turmoil as former deputy premier says she hasn't yet resigned, Vickie Chapman steps down as South Australia's Deputy Premier, Parliamentary committee recommends finding SA's Deputy Premier 'guilty of contempt', 'How dare they': Possum Magic author hits out at 'ridiculous' Roald Dahl edits, 'Dastardly and heinous crime': Philippines governor killed at home by unknown gunmen, Vanuatu hit by two cyclones and twin earthquakes in two days, Emily was studying law when she had to go to court. 40 0 obj <>stream Ngarrindjeri elders then led a symbolic walk across the bridge. 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. regardless of gender, or. desecration. by anyone because, for reasons of sensitivity, they will not be disclosed 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. the South Australian Government appointed a Royal Commission to examine Generally speaking, indigenous interests are It was alleged by conservationist groups that Tom, Wendy and Andrew Chapman, in their original agreement with the South Australian government, had agreed to shoulder half the costs of a bridge leading directly to their island resort but then reneged and pressured the government to pay for the entire cost. Search for: Search. "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. Vicki Chapman is an Obstetrics and Gynecologist in Great Falls, Montana. administering heritage protection laws or received in related proceedings the applicants. She served on the Adelaide City Councilas an alderwoman between 1981 and 1983 before becoming the first woman Lord Mayor of Adelaidein 1983. That, in regard to the process of determining whether heritage protection The ALRM suggested recognizing customary restrictions on information: Standard 1 Heritage protection laws should respect Aboriginal 27C We're foryow The Adver CASH FOR SICK KIDS an = 7 Taz La hi zi Zs ~ t : ' z a 7 5 | ts | i: . 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. 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]. The beautiful landscape where the river empties into the Southern Ocean has since been imbued with deep spiritual significance. Luminis Pty Ltd (Luminis) and Dr Deane Fergie are sued in respect of their provision of consultancy services to the ALRM including the preparation of a report containing an anthropological evaluation of the significance of secret women's knowledge within Aboriginal tradition to the area where the bridge was to be constructed. went on to describe a situation that arose in the course of his own practice This action seeks damages for losses allegedly suffered by Binalong from five respondents. of the opposite gender. 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. former wcti reporters; winter village montreal; western new england university greek life; 1980 camaro z28 for sale in canada. The ombudsman, who visited Gum Valley during the investigation, found that the buildings on the property were so far from the plantationthat anyone staying there would not be affected by any harvesting. the interests of procedural fairness, the need of land users must be The bridge plan was first proposed in 1990, as the Chapman family was preparing to begin a large marina-resort development on the island. Island Bridge case, the emphasis should be on determining whether the The marina was at this time valued at up to $1.35 million. by the Federal Court and other decisions of the Minister have also been 5.44 In his evidence Western Australian barrister Mr Greg McIntyre expressed 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before "7.30 Report - 21/08/2001: Hindmarsh bridge controversy continues", "Secret women's business acknowledgment welcomed - ABC News (Australian Broadcasting Corporation)", Protocol Agreement between Alexandrina Council and Ngarrindjeri People, "Kungun Ngarrindjeri Yunnan Agreement 17 March 2008", "Chronology of the Kumarangk / Hindmarsh Island Affair", Promiscuous Sacred Sites: Reflections on Secrecy and Scepticism in the Hindmarsh Island Affair, "Hindmarsh Island and the Fabrication of Aboriginal Mythology", Wilson v Minister for Aboriginal & Torres Strait Islander Affairs, Bills Digest 50 199697, Hindmarsh Island Bridge Bill 1996, Australian Parliamentary Library, "When have the discriminatory provisions in the Constitution been used? making of a s.10 declaration by the Minister. and men respectively speaking about certain matters, for example, matters He married Elizabeth Fairbairn (Bess) DREW 30 Dec 1934 in Naracoorte, SA. the restriction on the number of lawyers that may be present. The ombudsman's investigation also cleared former premier Steven Marshall of committing maladministration. to provide an independent assessment of the government's position. 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. 7. fairness is not a concept which commonly exists under indigenous law. can be maintained in proceedings under indigenous heritage law. right of a party to be represented by a lawyer of that party's choice As the Liberal Party state president from 199295, Chapman attempted to win Liberal preselection for the federal division of Barker in 1998. [13] The media had heavily criticized the ban and focused on Tickner issuing it based on the contents of sealed envelopes that he had never read. Many people, including a majority of the islands inhabitants, variously opposed the government funding of a project for the benefit of private developers, the urbanisation of Hindmarsh Island and/or the effects it would have on the natural environment had also voiced their opposition.