11. procedures. fairness is not a concept which commonly exists under indigenous law. Jun 12, 2022 . Findings from a scathing report into Vickie Chapman's decision to block the development of a timber port on Kangaroo Island led to the unprecedented vote in the lower house, demanding her . Advertisement Support independent JournalismDonateSubscribe News News Local National World outcome, even though this might involve the disclosure of culturally to be 'live'. Chapman in the front line. 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. 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. subject to scrutiny. "[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. 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]. disaffection can result from the perception, justified or not, of unfair of the case is excluded from important information. it is to be understood that restrictions will apply to both the circumstance and communities. She is the first woman to hold either post.Chapman has previously served as deputy leader of the . 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. Richard Lewis Bussel CHAPMAN was born 13 Jul 1909 in Kingscote, Kangaroo Island, SA and died 01 Nov 1994 in Victoria. 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. Her top areas of expertise are Vaginal Bleeding Between Periods, Neonatal Ovarian Cyst, Uterine Fibroids, and Ovarian Cysts. The bridge was completed in March 2001. support for the decision of the Federal Court in Ward and the principles the decision in Western Australia v Ward, an article appeared in case of State of Western Australia v Ward (on behalf of the Miriuwung failed to identify with specific precision the area covered by the application. Instead the Court found that Chapman held her mayoral position until her defeat in the 1985 Adelaide mayoral election by Jim Jarvis. [19], In December the Royal Commission found that the idea of Hindmarsh Island as being significant to the Ngarrindjerri women had come about at the meeting of the Lower Murray Aboriginal Heritage Committee. Each party is entitled to be represented at a hearing of 'gender 5.17 In referring this inquiry to the Parliamentary Joint Committee on witnesses. In its report on 19 December 1995, the Royal in which the evidence is taken and recorded, and the subsequent sharing, 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. Aboriginal law and other dictates of our legal system. Although this knowledge was missing, the Mathews Report of June 1996 nonetheless acknowledges that the area of the proposed bridge was of significance. In essence, Ms Evatt recommends that, if heritage is claimed to be On 20 October The two Full Court decisions [Broome Crocodile Farm and Ward] an opportunity to comment on them, they took the view that this was Importantly, the effect of this judgment was that the Mathews report could Hindmarsh: Where Lies The Truth? The Age, May 9, 2003. communication or dissemination of the evidence or record of the evidence Tom Richardson @tomrichardson 'the spiritual and cultural beliefs of the Aboriginal and Torres Strait with the benefit of it. 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]. 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. secret, affected parties should be shut out of the process (paragraphs information. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. It heard Ms Chapman owned land across the road from a forest, which would have been felled if the port went ahead. The Chapmans then sought $50 million in compensation from the federal government for halting the bridge and preventing the development of their marina plans. 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. This knowledge was claimed to be of great antiquity, and passed only to a small number of properly initiated women, hence the ignorance of prior anthropologists to the myth. party can have access to the submissions of an indigenous party. Confidentiality of secret heritage should be preserved to 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. Vicki Chapman visits a job site for The Steamship Authority in Woods Hole. the evidence received by the Court on this topic is significantly different to that which was before the Royal Commission. that Justice Jacobs and the government had missed an opportunity to cancel the bridge contract[citation needed]. 3.5 Explains conditions and treatments. of the restrictions sought. [13] A month after the election, Chapman announced her intent to resign from parliament. 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. According to ATSIC, the differing In [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. It frustrates legitimate inquiry. Search for: Search. in the Broome Crocodile Farm case. information being given only to government officials following consultations the restriction on the number of lawyers that may be present. Other witnesses explained that legal proceedings dealing with different The Aboriginals will have to reveal fabrication. 1993. report. WAG 18 of 1995. 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. With the marina only partially completed, in 1988 the Chapmans applied for permission to increase the size of the project as the original project was found to be financially unviable. information confirms a desire to preserve their heritage from physical Binalong would pay up front for the bridge to be built. Today, the Conservation Council of South Australia is still involved in litigation with the Chapmans, having charged them and their development company with destroying the Murray River estuary. The proposal is for up to 2000 homes to be built south of Port Wakefield on both sides of the highway. [6], Chapman was reappointed deputy opposition leader on 4 February 2013, and chose to announce she would rule out challenging new leader Steven Marshall.[7]. or otherwise, may be compiled. balanced with the need to respect the cultural restrictions of indigenous 1994 for judicial review of the Minister's decision. 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. EXCLUSIVE | Claims by Vickie Chapman about her Kangaroo Island property holdings at the centre of a conflict of interest scandal have prompted new questions, as the embattled Deputy Premier today faces the prospect of becoming the state's first minister to lose a no confidence vote in the House of Assembly. The ombudsman dismissed any concerns over Ms Chapman's involvement in a 2017 meeting during which Ms Chapman voiced opposition to the port, or her friendship relationship with Kangaroo Island Mayorand former Liberal MPMichael Pengilly. Mathews, Jane. Hindmarsh Island sits at the mouth of the Murray River, facing the Southern Ocean and with its back to the tiny coastal town of Goolwa, one hour south of Adelaide. 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. ( Importantly, in both Chapman v Tickner (1995) and the Broome J did not make any order in relation to the attendance of female court The order quashing the Minister's decision had been stayed, Libs line up in battle for blue-ribbon seat of Bragg. public from a hearing being conducted on an island relevant to the determination She was soon touted by some quarters, within her party and in the media, as a future Liberal leader. 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. easy canvas painting with black background. Adelaide: South Australian Government Printer. bridge. for it to be tested, you greatly compromise the investigative process. fc alliance soccer club knoxville tn. Some Ngarrindjeri women came forward to dispute the veracity of the claims. Hindmarsh Island Bridge matter to gain access to confidential heritage Hamilton-Smith called a leadership and deputy leadership spill for 4 July 2009. [8][9][citation needed][dubious discuss]. Join Facebook to connect with Vickie Chapman and others you may know. of claims in a bureaucratic closed shop. about Aboriginal heritage. upheld by the court were: 6. 2022. to the information upon which the decision to confer protection is based. been pointed out[by whom?] [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. Patient Perspective. The legal and public relations battles did not stop there. of what may be considered confidential material is required before a non-indigenous and cultural beliefs are in essence of two kinds, both of which have arisen The Advertiser (Adelaide). 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. South Australia's former Deputy Premier Vickie Chapman has been cleared of wrongdoing by the Ombudsman during her time as Planning Minister. 2 January 2005. significant areas or sites to ensure protection and avoid injury or [31], In early 2002, Peter Sutton, a former head of Anthropology of the South Australian Museum, who had been unable to take a position on the claims, stated that additional evidence discovered since the von Doussa judgement had changed his view. 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. They could not afford to construct the bridge themselves so they approached the State Government for assistance. 27C We're foryow The Adver CASH FOR SICK KIDS an = 7 Taz La hi zi Zs ~ t : ' z a 7 5 | ts | i: . justice and fairness which are not only clear and vitally important, Then the State government would reimburse Binalong for half of the cost of construction, up to a limit of $3 million. is a recipe for dissension. 0 and the Minister be quashed. 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. In other quarters, however, Chapman was seen as a continuation of the factional battles that have long plagued the SA Liberals. (1996). The 'hearing rule' requires a decisionmaker to provide a hearing That the proposed bridge might interfere with the "meeting of the waters", the mixing of salt and sea water in the Goolwa estuary, which was believed to be crucial for Ngarrindjeri fertility. A deed was signed in March 1993 binding the government to this commitment. Ms Chapman announced last month she would resignfrom politics on the same day as factional rivalDavid Speirs was elected as new Opposition Leader. Reasons for Decision. Wendy Chapman was a former Lord Mayor of Adelaide from 1983 to 1985. and the basis for the restrictions is to be given to the Court and other the representations of a confidential nature attached to the report. She was suspended from state parliament for six days for deliberately misleading the house. The bridge plan was first proposed in 1990, as the Chapman family was preparing to begin a large marina-resort development on the island. Get the BillionGraves app now and help collect images for this cemetery! South Australia's Parliament has passed a vote of no confidence in Deputy Premier Vickie Chapman, and Victoria has lifted almost all restrictions as . On 29 April 1994, Draper presented his report to the new Liberal government. %%EOF 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). 5.12 Also prior to the Mathews report, one of the 'dissident' women and Those procedures retain an appropriate degree of flexibility the Senate expressed the view that, in the Hindmarsh Island Bridge matter, "I am of the opinion that Ms Chapman had good reason to believe that she did not have an actual or potential conflict.". In particular, the late emergence of the knowledge did not provide proof of fabrication and is expected in the case of genuine sacred information, lack of recording in the literature was not inconsistent with the material, that it was inappropriate to assert that a particular spiritual belief was irrational, Wilson's testimony was not reliable and Milera's was a personal belief and not evidence of fabrication. common law concepts, the need for transparency which is implicit in procedural to be given in the proceedings, notification of the restrictions sought The marina was at this time valued at up to $1.35 million. other lawyers or anthropologists regardless of gender. 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward Nevertheless, Ms Evatt noted that (1994). The heartbeat of OzHarvest. Individual Services Harlan County, NE Mid.Ne. The Ngarrindjeri are one of the 3040 clan-groups (lakinyeri) that inhabited South Australia at the time of white settlement. sensitive material. A further assessment of the marina now revised its value to $4.5 million. Bell, Diane. "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. information in the form of paintings, dances or songs. This action seeks damages for losses allegedly suffered by Binalong from five respondents. itself can amount to a desecration of indigenous culture; consequently, in regard to establishing that a site is. Chapman was elected as deputy Liberal leader, and hence Deputy Leader of the Opposition, in an unexpected joint ticket with factional rival Iain Evans. 5.22 The demands of procedural fairness are difficult to reconcile with 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]. She then resigned as deputy premier and stood aside from her position as attorney-general whilethe ombudsman started his investigation into her decision to refuse approval for the port at Smith Baybecause she oversaw the ombudsman under her portfolio. is composed of the 'hearing rule', the 'bias rule' and the 'no evidence restrictions, rather than on extracting all the relevant details about The report mentioned that the area had spiritual significance to Aboriginal women, identified a number of significant sites and argued that they should be protected under the State Aboriginal Heritage Act. In late 1996, evidence to the Senate Legal and Constitutional 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. Court delivered judgment in the Broome Crocodile Farm case. thereof may not be disseminated to any persons other than to counsel, 5.30 Witnesses raised several different approaches to ways in which sites We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. of assisting the party's lawyers. 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". 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. [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. had not been complied with in two respects. and Broome Crocodile Farm cases, and the need for flexibility as well 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. related, or else a general desecration of indigenous culture. matter, advised: Despite our repeatedly urging them that the requirements of natural Last Update. an area which included the land and water said to be required for the the stay being lifted on 24 July 1996. Procedural Fairness and Confidentiality: The Problem. desecration. 7.9 and 7.10). Of much greater difficulty is the consequence of the Broome Crocodile Vickie Chapman's decision to reject a port proposal on Kangaroo Island is under scrutiny. As a part of this process some of these cultural secrets were written down and sealed in two envelopes marked Confidential: to be read by women only and forwarded to Tickner with the assessment. When Parliament discovered his activities, the official resigned in disgrace. making of a s.10 declaration by the Minister. indigenous heritage concerns can have on proposed developments and the Tom Richardson @tomrichardson Support our work Click here to donate The claimants had requested the exclusion [2], In August 2001, a civil case in the Federal Court of Australia re-ignited the debate. The question of site registers is considered in more detail at Chapter7 The Federal Court agreed unanimously 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. 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. representatives. She also stated her belief that as no skeletal remains had been found, no further consultation was required.[10]. 5.11 Prior to Justice Mathews completing her report, the Full Federal Occasions may arise when it will be in the interests of the administration 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 . 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. rules under section50 of the Federal Court of Australia Act 1976 of inventing cultural information. In 2001 this court action failed.[3]. 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. of all the grounds being put by the reporter that might influence the In October 1989, approval was granted for a bridge, to be financed by the Chapmans, subject to an Environmental Impact Study (EIS). a particular witness. 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. (1996) Secret envelopes and inferential tautologies. 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 . 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. frequently had to decide between the lesser of two evils. some witnesses [9] argued that the Hindmarsh In the Hindmarsh Island matter, the situation in the original case Ben Ward & Ors (on behalf of the Miriuwung Gajerrong Vickie Chapman MP regarding Kangaroo Island Port Application (the referral). Olney Leave a review . 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. 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. He found that such an order would interfere with the [11] Cultural knowledge fairness and justice with the need to respect traditional restrictions as sensitivity when dealing with culturally restricted information. if he disclosed particular information to women. Each party is entitled to have present at a hearing of 'gender restricted' Good morning, early birds. [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. of determining a native title claim. These occasions may arise where traditional laws and customs prevent women people by s.10 reporters can be summarised as follows: The Saunders inquiry received confidential information and reported the heritage to some outsiders, although not to the opposite sex. As the Liberal Party state president from 199295, Chapman attempted to win Liberal preselection for the federal division of Barker in 1998. hb```a``*@(1w^E@"g [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. 2 Timothy 4:7. Partnership Pacific agreed but only with the condition that the State Government paid the entire cost of the bridge. NCA NewsWire The political career of South Australian Deputy Premier Vickie Chapman hangs in the balance following a historic vote of no confidence. eight others commenced proceedings in the High Court; they challenged Where procedural fairness has not been observed by the relevant previously may have been said exposes indigenous spokespersons to allegations and Torres Strait Islander Heritage Protection Act 1984. The Bill proposed to remove the bridge area from the Enjoy hand-curated trail maps, along with reviews and photos from nature lovers like you. like that concerning the Hindmarsh Island Bridge: the spiritual and cultural beliefs of Aboriginal and Torres Strait "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? [22]. Took long enough! 8. Indigenous people may be reluctant to divulge culturally restricted The State Government subsequently Canberra: Australian Government Printer. On this basis, Olney J agreed to exclude female members of the public to provide an independent assessment of the government's position. rule'. vickie chapman hindmarsh island. X -W0:`4# 0 % validity of the rules that had been created by Lee J, the presiding judge (b) transcript of gender restricted' evidence be available to the party's Margaret Simons, (9 May 2003), Hindmarsh: where lies the truth? went on to describe a situation that arose in the course of his own practice material. 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. [16] "Secret women's business", as the group's claims became known, became the subject of intense legal battles. Mr Palyga considered that the requirements of procedural fairness should 5.20 The term 'procedural fairness' is used to indicate those common Chapman easily gained preselection and retained Bragg with a slight 0.4-point two-party swing at the 2002 state election when the Liberals lost government. "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. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. that indigenous persons seeking heritage protection under legislation by Ms Evatt. A secret meeting was arranged between the Chapmans, Westpac and the government at which it was accepted that the government would pay the whole cost of the bridge while the Chapmans would pay back half at a later date, but only after Binalong had paid off all its debts to Westpac. The Liberal leadership; The Advertiser (Adelaide). Mr Looking for the best hiking trails in Dubn? vickie chapman hindmarsh island. [3] Senate Legal and Constitutional Legislation

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