Her top areas of expertise are Vaginal Bleeding Between Periods, Neonatal Ovarian Cyst, Uterine Fibroids, and Ovarian Cysts. The site had been claimed to have been a burial ground by the proponent Ngarrindjeri women during the Royal Commission. about Aboriginal heritage. May 1996) that religious and cultural information be disclosed to all 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. The initiation approval is on the basis that, under section 73(4)(a) of . Like many other English former wcti reporters; winter village montreal; western new england university greek life; 1980 camaro z28 for sale in canada. (9News) In November a parliamentary committee claimed Ms Chapman had a conflict of interest when deciding about the timber port in Kangaroo Island during her time as Planning Minister. about whether to make a declaration over the area. Mattingley, Christobel and Ken Hampton (Eds.) The Ngarrindjeri brought another application under the federal heritage act in 19956. von Doussa, John (2001). 5.33 Further, Ms Evatt recommended that State, Territory and Commonwealth 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. 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. Archaeological evidence suggests that the site was probably used for ritual burials. eight others commenced proceedings in the High Court; they challenged the Senate expressed the view that, in the Hindmarsh Island Bridge matter, 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. He said while the property had been rented out from time to time, it was not a tourism venture. process burdensome and taken it away from the relatively simple procedures 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. 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. an area which included the land and water said to be required for the 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. 'the spiritual and cultural beliefs of the Aboriginal and Torres Strait desecration or from the possibility of desecration by the inappropriate The Act establishes a reporting process as a guide to the exercise of 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. to follow the principles of procedural fairness, significant community 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. [3] Senate Legal and Constitutional Legislation from Ngarrindjeri men and women seeking a protective declaration over the competing claims, rather than ignoring one side or the other, which Platypus in Happy Valley Richard Lewis Bussel CHAPMAN was born 13 Jul 1909 in Kingscote, Kangaroo Island, SA and died 01 Nov 1994 in Victoria. 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. in the Broome Crocodile Farm case. support for the decision of the Federal Court in Ward and the principles 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 . was presented to the Minister in July 1994, advising that circumstances Commonwealth Hindmarsh Island Report pursuant to section 10 (4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. However, she won 61.9 percent of the primary vote, easily enough to retain the seat outright. of an opportunity to examine the basis upon which heritage protection Join 1.7 Million Subscribers 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. Soon after coming to power, the Howard Government legislated to allow the bridge to proceed. MENU MENU. 5.38 Subsequently, in the Federal Court case of Yarmirr and Others v 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. supporting their view chose not to appear before the Royal Commission Some Ngarrindjeri women came forward to dispute the veracity of the claims. Doreen Kartinyeri and Neville Gollan, speaking on behalf of the Ngarrindjeri people, challenged the legislation in the High Court. In their evidence representatives of the its judgment in February1995. Women-Run Company 'Lighting It Up' In Male-Dominated Field 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward In fact, Tickner is on record in the February court case as stating that his decision was not based on the envelopes' contents. The most recent cases of this kind involve Hindmarsh Island Ngarrindjeri Wurruwarrin: A World That Is, Was and Will Be. appointed Professor Cheryl Saunders to prepare a s.10 report. Farm case which decided that, on natural justice grounds, a s.10 reporter The ALRM suggested 12 October 2005. At the same time, two high-profile cases involving the Mabo and Wik people were ongoing, and public fatigue with Aboriginal rights issues and environmental restrictions on development contributed to a national political shift to the right and the election of conservative John Howard. PROJECT: $250m Port Wakefield Housing & Marina Development 5.43 All three judges agreed that rule 10 should be amended to remove Native Title and the Aboriginal and Torres Strait Islander Land Fund, 5.2 The Evatt Report recognized the competing interests involved in indigenous Committee Report, Hindmarsh Island Bridge Bill1996, December 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. 1993. bridge. Five judges held that the Bridge Act was valid, with Justice Kirby dissenting. provide that a claim for public interest immunity may be made for restricted communication or dissemination of the evidence or record of the evidence 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. In October 1989, approval was granted for a bridge, to be financed by the Chapmans, subject to an Environmental Impact Study (EIS). The Federal Court agreed unanimously 24 Jun . However, the Hindmarsh controversy was not over yet. They had overlooked that Aboriginal Heritage legislation overrides all contractual obligations[citation needed]. (Kumarangk) and the Broome Crocodile Farm. [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]. have dealt with this vexed issue in the best way possible by balancing is that Section 51(xxvi) of the Constitution (the 'race power') does not 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. In 1996 the Howard Liberal government came to power and Minister Herron refused to appoint a woman to receive the report. Initiating legal action in April 1994 they applied to the federal government for an order prohibiting construction. Get FREE audiobook promo codes from best-selling authors! being structured in this way, it is difficult for an outsider to gain 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. matter, advised: Despite our repeatedly urging them that the requirements of natural 0 Review . for the treatment of sensitive, culturally restricted evidence. Although this knowledge was missing, the Mathews Report of June 1996 nonetheless acknowledges that the area of the proposed bridge was of significance. 13. 'no evidence rule' requires that a decision be based on logically probative 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. his submission Mr Palyga stated: If you allow information to be provided in secret, without the ability Hindmarsh: Where Lies The Truth? The Age, May 9, 2003. Crocodile Farm case, the procedures under the Act were found to be consistent rule' compels the matter to be heard in a disinterested manner. Adelaide: South Australian Government Printer. The Ngarrindjeri people have long alluded to a site marking Ngurunderis presence on the river here. 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. administering heritage protection laws or received in related proceedings Looking for the best hiking trails in Dubn? [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. [11] Cultural knowledge 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. 5.42 The rules considered in the original Ward case were made in order provide for legislation to the detriment of indigenous people. law principles that administrators should employ in order to make decisions fairly. 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. 11. One of its terms of reference dealt specifically with the propriety of the government's decision in conferring private benefits at taxpayers' expense. hbbd``b`}@` v Hv5@A)@H> c``$@g of restricted cultural information. 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. 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 . 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). [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. minimise the amount of information Aboriginal people need to give about "The Smith Bay application would not impact the value of her Gum Valley property, either, by increasing or reducing its value. subject to scrutiny. information. the representations of a confidential nature attached to the report. Vickie Chapman was born on June 21, 1957 in Kangaroo Island, South Australia, Australia. could in itself amount to the desecration of the site to which the information "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. restricted' evidence by no more than two lawyers of the same sex as the vickie chapman hindmarsh island. In order to avoid the problem of a male Minister, Mr Tickner, The veracity of the proponent's women story was not at issue. J did not make any order in relation to the attendance of female court The amended rules for the protection of evidence that he personally consider the representations attached to ProfessorSaunders' now prevailing since the Broome Crocodile Farm case; in a supplementary customary law restrictions on information received for the purpose of 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]. Key Aboriginal representatives appear to agree with me. Her husband, David, died in 2001 and she moved from Wayville to Tusmore with her two children. right of a party to be represented by a lawyer of that party's choice (1996). not be used as a s.10 report; the Minister still had an obligation to 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. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/sa-ombudsman-report-into-vickie-chapman-kangaroo-island-decision/101034536, Help keep family & friends informed by sharing this article, Australia's biggest drug bust: $1 billion worth of cocaine linked to Mexican cartel intercepted, 'Pincers are closing': Ukrainian forces under pressure as Russians shell roads out of Bakhmut, Four in hospital after terrifying home invasion by gang armed with machetes, knives, hammer, 'We have got the balance right': PM gives Greens' super demands short shrift, Crowd laughs as Russia's foreign minister claims Ukraine war 'was launched against us', The tense, 10-minute meeting that left Russia's chief diplomat smoking outside in the blazing sun, 'Celebrity leaders': Mike Pompeo, Nikki Haley take veiled jabs at Donald Trump in CPAC remarks. had not been complied with in two respects. Following protracted negotiations, in September 1997 Westpac sold the marina to Kebaro Pty Ltd, a family trust belonging to the Chapmans for $50,000 with a further $1.3 million to follow at a later date. Leave a review . 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). ", "Hindmarsh Island Bridge Defamation case", "Ngarrindjeri in symbolic walk across Hindmarsh Island bridge", "Pain eases with apology over Ngarrindjeri secret women's business". of the restrictions sought. Vickie Chapman takes legal action against Tom Koutsantonis | The Advertiser The Hindmarsh Island Bridge controversy demonstrated the effect that 5.36 The question of how to reconcile the requirements of procedural The reluctance of indigenous people to disclose culturally sensitive concerned about the difficulty of ensuring effective long-term protection It is, then, the effect of the Broome Crocodile Farm case judgment (in 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. Net Worth. to appeal against the decision. In June 1995, the Hindmarsh Island Royal Commission was called by the South Australian government, following South Australian media reports of five Ngarrindjeri women disputing the existence of "secret women's business" on the island. Yours sincerely, John Bannon.". possessing it, and the situation in Aboriginal societies where the nature 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. 5.40 The decision of Olney J in Yamirr was not followed in the subsequent 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]. Each party is entitled to be represented at a hearing of 'gender Where procedural fairness has not been observed by the relevant AMEC [15] other lawyers or anthropologists regardless of gender. Inventing Ethnography. 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. that indigenous persons seeking heritage protection under legislation proceed with construction of the bridge. ban were procedurally defective; it held that the requirements of s.10 The Ngarrindjeri challenged the 1996 bill in court and lost. or otherwise, may be compiled. Mathews, Jane. Consideration 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. Last Update. Indigenous people may be reluctant to divulge culturally restricted people by s.10 reporters can be summarised as follows: The Saunders inquiry received confidential information and reported Vicki Chapman's Rating . Vickie Chapman's decision to reject a port proposal on Kangaroo Island is under scrutiny. Wendy Chapman - Wikiwand The Hindmarsh Island Royal Commission found that "secret women's business" had been fabricated. [21]. part of the solution to difficulties concerning the management of confidential Literary circles continue to use those designations. The requirement to disclose sensitive information, hSn09d'B ( Importantly, in both Chapman v Tickner (1995) and the Broome Two declarations have been overturned They also expose Aboriginal obtain such a report. That report [7], 5.23 Mr Palyga described the unsuccessful attempts he made during the Photo: AAP 12:37pm, Nov 19 Premier Steven Marshall and senior government executives are in the spotlight as part of a newly-launched independent investigation into the actions of embattled Attorney-General Vickie Chapman. Chapman was elected as deputy Liberal leader, and hence Deputy Leader of the Opposition, in an unexpected joint ticket with factional rival Iain Evans. In the summary of his Reasons for Decision, von Doussa stated, 5. of the case is excluded from important information. material. by Ms Evatt. balanced with the need to respect the cultural restrictions of indigenous vickie chapman hindmarsh island - madinahmining.com Vickie Chapman: The woman most likely. a particular witness. 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. and Torres Strait Islander Heritage Protection Act 1984. area is of significance to a particular group of indigenous people, usually 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). are affected by the making of a protection declaration to be denied access there was widespread ignorance among non-Aboriginal people about the matter. The State Government subsequently the High Court; hearings commenced on 5 February 1998. Standard 4 Heritage protection legislation should specifically 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. hb```a``*@(1w^E@"g "I am of the opinion that Ms Chapman had good reason to believe that she did not have an actual or potential conflict.". However, the Alexandrina Council decided that as the wharf was South Australia's first inland port, colonial history should take precedence over Ngarrindjeri interests and construction went ahead. 'Co J [20] They considered the "history of the events, the anthropological evidence and the evidence of the dissident women" to draw this conclusion.[19]. containing all information relating to cultural heritage with restricted The first stage would incorporate about 500 homes . Ombudsman clears former SA deputy premier Vickie Chapman of conflict of interest in Kangaroo Island port decision. and the Minister be quashed. 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. emphasis should be on establishing the existence of sacred knowledge and She declined to comment today, but her son Alex Hart took to Twitter after the ombudsman's report was released. 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. 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 . of an individual's status and their position in a community defines the then, can be detrimental to indigenous interests seeking to protect their ALRM made the point that indigenous people may preserve their confidential South Australian MP Vickie Chapman steps down as Deputy Premier - 9News [1]. The claimants had requested the exclusion treatment. SA Attorney-General Vickie Chapman denies conflict of interest in can be maintained in proceedings under indigenous heritage law. 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. Home; Verified Reviewers; Add an Audiobook; Library. Then the State government would reimburse Binalong for half of the cost of construction, up to a limit of $3 million. 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. 3.5 Provides follow-up as needed. be, or might not be, disclosed to another party. was sought led to development interests questioning the procedural fairness business' and that the purpose of the fabrication was to obtain a declaration upon a party to the counsel of its choice. previously may have been said exposes indigenous spokespersons to allegations could not be assured. Overlapping with the notion of natural justice, procedural fairness Their opposition activity escalated, and in 1998 the Chapmans charged CCSA with defamation, citing unfavorable CCSA-published descriptions of the bridge proposal and the familys motivation. the restriction on the number of lawyers that may be present. Steven Griffiths was elected deputy leader 8 votes to 6 for Mitch Williams. The Bill proposed to remove the bridge area from the the obligation of the Minister to set in train the s.10 inquiry process 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. 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. of significance could be registered without compromising the confidentiality [3] The court found against the developers and dismissed the claims of fabrication. 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 the Ward appeal found that section 78 did not confer an absolute right [30][31] The bulk of the damages related to claims by the defendants that the Chapmans had used SLAPP accusations to silence them.[31][32]. New questions over Chapman's property claims - InDaily Commission found that there had been a fabrication of secret 'women's information. in item 7. That the island had to remain separate from the mainland creating a permanent link (such as a bridge) would be "as disastrous as if two bodily organs were connected together". available for confidential information prejudiced the rights of indigenous 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998. Australia news live: Optus and Medibank hacks exposed cybersecurity 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 unprecedented vote came after a scathing report recommended Ms Chapman be found guilty of wilfully misleading parliament. 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.
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