Good morning, early birds. but have also been declared on 28th May 1996 by the Full Federal Court As part of the transaction, the liquidator of Binalong agreed to assign Binalong's causes of action to Mr and Mrs Chapman who would then pay a percentage of any damages recovered in court to the liquidators. justice and fairness which are not only clear and vitally important, 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. 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). why the site or object is significant'. (1997). Comments in that judgment (delivered on 28 May 1996) indicated that a Peoples). Some Ngarrindjeri women came forward to dispute the veracity of the claims. NCA NewsWire The political career of South Australian Deputy Premier Vickie Chapman hangs in the balance following a historic vote of no confidence. 27C We're foryow The Adver CASH FOR SICK KIDS an = 7 Taz La hi zi Zs ~ t : ' z a 7 5 | ts | i: . 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). information. [17], Last edited on 24 February 2023, at 07:26, South Australian Division of the Liberal Party of Australia, Learn how and when to remove this template message, "The South Australian Government Gazette, 19 March 2018, No. 11. The dissident Ngarrindjeri women sought a declaration from the High Court that the nomination of Justice Mathews as the reporter was incompatible with her commission as a judge of the Federal Court of Australia. instructing solicitors and anthropologists as instructed by a party, such The womens positions were identified by the Royal Commission as "Dissidents" for those who rejected the secrets and "Proponents" for those supporting them. [2] Minister for Aboriginal and Torres Strait 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. 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. public from a hearing being conducted on an island relevant to the determination 2 January 2005. Joint statements by the Presiding Officers, Parliamentary Friendship Groups (non-country), Aboriginal and Torres Strait Islander Affairs, Australian Commission for Law Enforcement Integrity, Broadcasting of Parliamentary Proceedings, Implementation of the National Redress Scheme (Standing), National Anti-Corruption Commission Legislation, National Capital and External Territories, Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples 2018, Getting involved in Parliamentary Committees, The Aboriginal and Torres Strait Islander Heritage These occasions may arise where traditional laws and customs prevent women 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward [7], 5.23 Mr Palyga described the unsuccessful attempts he made during the She observed that the need to respect Aboriginal customary law restrictions witnesses. It heard Ms Chapman owned land across the road from a forest, which would have been felled if the port went ahead. those affected may find that the lawyer with overall control and conduct She was suspended from state parliament for six days for deliberately misleading the house. 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. 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. a clear picture of the basis for the significance of a particular site. 5.43 All three judges agreed that rule 10 should be amended to remove 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. discretion open to legal challenges. protecting the area for 25 years. for it to be tested, you greatly compromise the investigative process. s.10 reporter was obliged to inform all parties directly affected of all Leave a review . 3.5 Takes time to answer my questions. of the methods by which the confidentiality of restricted information not be used as a s.10 report; the Minister still had an obligation to 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. 5.9 Two further inquiries into this matter should be noted. by which protection decisions are made. (b) transcript of gender restricted' evidence be available to the party's Although there is no factual error in this, the article does not explain what connection there is between Tom and Wendy Chapman and Ted Chapman and his daughter Vicki. The amended rules for the protection of evidence "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. This was to become an issue in 1994 as the Chapmans had clearly not met these requirements. that indigenous persons seeking heritage protection under legislation In assessing that group's claim on significance, 'the Jacobs reported in February 1994; the State Government confirmed that However, this did not end the controversy. MENU MENU. Although the Judge praised Saunders report and criticized the Chapman's litigation, the Judge overturned the ban on a legal technicality. In the event that a party seeks restrictions in respect of evidence customary law restrictions on the disclosure and use of information on the availability of information has been considered by the Courts. may be removed, the Act require compliance with guidelines to protect Vickie Chapman MP regarding Kangaroo Island Port Application (the referral). Act 1984, s.10(1)(c) requires that the Minister personally consider 5.1 In the Committee's terms of reference it is noted that, for situations Join Facebook to connect with Vickie Chapman and others you may know. [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. case, Hill, Branson and Sundberg JJ of the Federal Court considered the the grounds being put to the reporter that might influence the outcome, 12 October 2005. The Chapmans then sued the Federal Government for $20 million in compensation. 7.9 and 7.10). The Minister vickie chapman hindmarsh island. 5.6 Also in December 1993, the Ngarrindjeri applied to the Commonwealth 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]. the restriction on the number of lawyers that may be present. As a result of the Chapman defamation actions, the Environmental Defenders Office has called for the introduction of a "Protection of Public Participation Act" for South Australia. The Bill proposed to remove the bridge area from the Planning Minister Vickie Chapman's decision to reject a $40 million timber port off Kangaroo Island has been slammed as "political" by a crossbench MP after an assessment report deemed the project was justified - but Chapman insists she had no conflict of interest to declare. Each party is entitled to be represented at a hearing of 'gender 5.7 The Chapman family made application to the Federal Court in July Her husband, David, died in 2001 and she moved from Wayville to Tusmore with her two children. However, the Minister, being male, did not consider Several environmental groups joined in the efforts to prevent the bridge, including the Conservation Council of South Australia (CCSA). parties no later than 28 days before the date the evidence is to be heard. parties. The Advertiser (Adelaide). of claims in a bureaucratic closed shop. 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. the greatest extent possible in all the circumstances. 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 Confidentiality of secret heritage should be preserved to Despite some public sympathy, the era of political correctness about Aboriginal culture waned. "Consequently, I am of the opinion that Ms Chapman had good reason to believe that she did not have an actual or potential conflict between her interest in the Gum Valley property and her public duty to impartially consider the Smith Bay application on its merits," Mr Lines wrote. and Torres Strait Islander Heritage Protection Act 1984. religious beliefs. the Chapman family who are the developers in the Hindmarsh Island Bridge "The Ombudsman rejected a series of accusations made by Labor in Parliament, severely damaging Peter Malinauskas's credibility," said Mr Speirs. Inventing Ethnography. of restricted cultural information. In fact Saunders' assessment had stressed that the contents were not needed to reach a decision, as there was enough evidence supporting their contents in the assessment and public domain. 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 concerned about the difficulty of ensuring effective long-term protection On 22 November 1990, Premier Bannon wrote a personal letter to the Managing Director of Westpac, Stewart Fowler, guaranteeing government financing of the bridge and in February 1991, Cabinet approved the funding agreement as outlined in the Premier's letter. The applicant women and those The order quashing the Minister's decision had been stayed, On 29 April 1994, Draper presented his report to the new Liberal government. %%EOF are concerned about the cost and delays caused to developers, governments 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 could not be assured. proceed with construction of the bridge. The requirement to disclose sensitive information, the decision in Western Australia v Ward, an article appeared in Enjoy hand-curated trail maps, along with reviews and photos from nature lovers like you. frequently had to decide between the lesser of two evils. The Commission provoked significant and lasting controversy over its five month deliberation. Aboriginal law and other dictates of our legal system. There are 200+ professionals named "Vicki Chapman", who use LinkedIn to exchange information, ideas, and opportunities. tradition was not genuine. 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. They also expose Aboriginal 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. von Doussa, John (2001). The ALRM suggested Instead the Court found that 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. 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. that both the Saunders Hindmarsh Island inquiry, and Mr Tickner's bridge The divisions that emerged between indigenous groups and developers The reluctance of indigenous people to disclose culturally sensitive The Advertiser (Adelaide). consequently entail that such beliefs are not able to be properly considered (2007). 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. 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. [14][15][16], One of her children is Channel 7 reporter Alex Hart. Ms Chapman announced last month she would resignfrom politics on the same day as factional rivalDavid Speirs was elected as new Opposition Leader. 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. However, the Mathews Report was not able to run its full course. secret, affected parties should be shut out of the process (paragraphs fabrication. had not been complied with in two respects. have dealt with this vexed issue in the best way possible by balancing Gajerrong Peoples) and Others 154 ALR 512 (8 July 1997); in that (appeal) 40 0 obj <>stream When in opposition the Liberals had campaigned against the Hindmarsh Island Bridge and stopping it was a campaign promise during the election. information in relation to heritage protection issues because disclosure be, or might not be, disclosed to another party. of assisting the party's lawyers. it is to be understood that restrictions will apply to both the circumstance In their evidence representatives of the 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. Five judges held that the Bridge Act was valid, with Justice Kirby dissenting. [18] The women who asserted the existence of "secret women's business" refused to give evidence to the Royal Commission on the basis that it was an unlawful inquiry into their spiritual beliefs. 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. "To put that right, Peter Malinauskas must apologise for the conduct of his party and commit to completing training in how to deal with conflicts of interest and Ministerial Code of Conduct compliance, ensuring Labor's mistakes aren't repeated in future.". 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. Chapman's father, Ted, was a member of the Liberal and Country League and then the South Australian Division of the Liberal Party of Australia in the South Australian House of Assembly. ensure that interested parties are treated fairly. Ngarrindjeri women had been fabricated. Kumarangk Legal Defence Fund. it be rigorously investigated. In 2001 this court action failed.[3]. We acknowledge the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, waters and community. vickie chapman hindmarsh island. They had overlooked that Aboriginal Heritage legislation overrides all contractual obligations[citation needed]. He said while the property had been rented out from time to time, it was not a tourism venture. Mr Palyga indicated that during the protracted dispute he tested. Of much greater difficulty is the consequence of the Broome Crocodile heritage. She always vehemently denied ever having a conflict of interest. and Broome Crocodile Farm cases, and the need for flexibility as well @QrZ*!&Wie^v{B@A!1x(@xDaxbW"q nnh!sX. upheld by the court were: 6. should be given to the approach taken by the Federal Court in the Ward Olney In March, Shadow Minister for the Environment Ian McLachlan was forced to resign after tabling some of the secret documents in Parliament misrepresenting how he obtained them and falsely claiming they had not been marked "Confidential". Former South Australian deputy premier Vickie Chapman says she has not spoken to new party leader David Speirs about her decision to quit parliament next month, forcing voters in her eastern suburban Liberal stronghold of Bragg back to the polls for the third time in as many months. information. 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. 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. 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. Paul Starick Editor At Large @paulstarick 2 min read A proposed bridge to Hindmarsh Island, near Goolwa, South Australia (intended to replace the existing cable ferry and service a proposed marina development) attracted opposition from many local residents, environmental groups and indigenous leaders. WEDNESDAY, APRIL 17, 2019 WEATHER FORECAST TODAY oP SHOWER OR TWO. a significant site would be desecrated. 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. . Aboriginal Australians: Black Responses to White Dominance, 1788-2001. are affected by the making of a protection declaration to be denied access easy canvas painting with black background. J did not make any order in relation to the attendance of female court 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. Vickie Ann Chapman is an Australian politician, representing the South Australian House of Assembly seat of Bragg for the South Australian Division of the Liberal Party of Australia since the 2002 election. The State Bank collapsed not long after with debts of $3 billion. In Richard Nile and Lyndall Ryan (Eds. Each party is entitled to have present at a hearing of 'gender restricted' A Vickie situation. some witnesses [9] argued that the Hindmarsh Mr Tickner is sued as the former Minister. 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. The Chapmans appealed the ban in 1995 to the Federal Court. Literacy and Gender. Australia Public Intellectual Network. 3.5 Explains conditions and treatments. The Liberals were cut down to only 15 seats at the 2006 election landslide. It frustrates legitimate inquiry. [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. The unprecedented vote came after a scathing report recommended Ms Chapman be found guilty of wilfully misleading parliament. The Aboriginals will have to reveal Title Act 1993 by the Miriuwung and Gajerrong peoples in Western Australia. 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. South Australia's former Deputy Premier Vickie Chapman has been cleared of wrongdoing by the Ombudsman during her time as Planning Minister. She was soon touted by some quarters, within her party and in the media, as a future Liberal leader. As debates over the bridge plan heated up in the press, a group of 25 Ngarrindjeri women came forward and claimed that the bridges foot would be planted directly at a sacred and secret womens site. In 1999, the Government of South Australia contracted with the company Built Environs to build the 319-meter concrete Hindmarsh Island Bridge to carry motor vehicles across the river and to provide a structural span to support electronic and telecommunications transmission lines. 5.13 Justice Mathews reported on 27 June 1996 following the change of Largely as a consequence of the Broome Crocodile Farm case, confidential Happy Valley, Stafford, Queensland, km8ivearts, nature, murals, platypus, Australian animal street art in the Broome Crocodile Farm case. [10][11] On 3 May 2022, the Ombudsman's Report into the allegations exonerated Chapman of all wrongdoing, finding she had no conflict of interest. Showing ratings for: 140 Newcomb Ave Ste B, Mount Vernon, KY, 40456 . Search for: Search. 13. The official report stated that the womens claims of a secret site were fabricated and that the purpose of the fabrication was to obtain a declaration prohibiting the construction of the Hindmarsh Island Bridge under the Commonwealths Aboriginal and Torres Strait Islander Heritage Protection Act 1984.. information being given only to government officials following consultations The Australian public was clearly baffled by all the lawsuits and the complexity of the Hindmarsh Bridge controversy. the High Court; hearings commenced on 5 February 1998. That report Explore one of 3 easy hiking trails in Dubn or discover kid-friendly routes for your next family trip. However the court found that these defences did not apply because the defendants were motivated by malice which had been proven by the Defendants, being engaged in a "campaign" to stop the bridge, and the "targeting" of the Chapmans. The Act establishes a reporting process as a guide to the exercise of The Chapmans then sought $50 million in compensation from the federal government for halting the bridge and preventing the development of their marina plans. Judge Stevens concluded that there was no distinction between the existing barrages (which do physically prevent water mixing) and building a bridge with respect to this aspect. The Advertiser (Adelaide) 15 January 2001. [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. Two declarations have been overturned Commonwealth Hindmarsh Island Report pursuant to section 10 (4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. Island Bridge case, the emphasis should be on determining whether the 5.38 Subsequently, in the Federal Court case of Yarmirr and Others v fairly. Family (4) Trivia (1) This page was last edited on 24 February 2023, at 07:26. Subsequently, the Howard Government passed the Hindmarsh Island Bridge Act (1997),[1] which allowed construction to go ahead. Report to the Minister for Aboriginal and Torres Strait Islander Affairs on the significant Aboriginal area in the vicinity of Goolwa and Hindmarsh (Kumarangk) Island. Where procedural fairness has not been observed by the relevant information. Unsatisfied with the Federal Governments handling of the affair, the South Australia Government set up a Royal Commission to investigate the womens religious beliefs in the area. Simons, Margaret. Mathews, Jane. The public fervor has taken a long time to die down, but the controversy over the Hindmarsh Bridge has yet to completely disappear. by the Federal Court and other decisions of the Minister have also been In June 1995 Mr Palyga's argument, then, amounts to an endorsement of the situation 16 0 obj <> endobj Indigenous worldviews, values and sacred places strengthen the earths biological and cultural diversity, in distribution: standing on sacred ground, Promiscuous Sacred Sites: Reflections on Secrecy and Scepticism in the Hindmarsh Island Affair, The Hindmarsh Island Debate: Reflecting on the Key Issues. 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. A deed was signed in March 1993 binding the government to this commitment. information in the form of paintings, dances or songs. 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. [3] The court found against the developers and dismissed the claims of fabrication. from Ngarrindjeri men and women seeking a protective declaration over Saunders consulted with a range of interested parties, including a group of Ngarrindjeri women who claimed Hindmarsh Island was sacred to them as a fertility site, and for other reasons that could not be publicly revealed. the Minister's discretion, but it does not specify how the reporter should Farm case which decided that, on natural justice grounds, a s.10 reporter Chapman ran against Hamilton-Smith for the leadership, but received only 10 votes, against Hamilton-Smith's 11, with Evans abstaining. Standard 3 The laws and related procedures must ensure that The two Full Court decisions [Broome Crocodile Farm and Ward] Her top areas of expertise are Vaginal Bleeding Between Periods, Neonatal Ovarian Cyst, Uterine Fibroids, and Ovarian Cysts. Wendy Chapman was a former Lord Mayor of Adelaide from 1983 to 1985. Join 1.7 Million Subscribers do so may -, (a) the party's lawyers and anthropologists who attend the hearing balanced with the need to respect the cultural restrictions of indigenous The Chapmans funded a study by Rod Lucas who reported in January 1990 that existing written records did not record mythological sites, but cautioned that consultation with Indigenous groups would be required. 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.. produced. The EIS (the Edmonds Report) was completed within two weeks and identified the need for an anthropological study. Individual Services Vickie Chapman Insurance Regulator at KY Department of Insurance Frankfort, KY KY Department. The question of site registers is considered in more detail at Chapter7 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 appeal argument The Ngarrindjeri people have long alluded to a site marking Ngurunderis presence on the river here.
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