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Unfortunately, Premier Bannon's letter had created an unintended liability for the State government. 5.7 The Chapman family made application to the Federal Court in July A deed was signed in March 1993 binding the government to this commitment. consequently entail that such beliefs are not able to be properly considered 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 Ms Chapman announced last month she would resignfrom politics on the same day as factional rivalDavid Speirs was elected as new Opposition Leader. not be used as a s.10 report; the Minister still had an obligation to The Hindmarsh Island marina was at this time losing money and the Chapmans were in financial difficulties due to the failure of another marina project they had built at Wellington. Justice Jacobs, unaware of Draper's survey, finished his report in early 1994, concluding there was no way out of building the bridge without significant financial liabilities. She was also the Shadow Attorney-General and Shadow Minister for State Development, having gained the extra portfolio of State Development in a cabinet reshuffle on 13 January 2016. frequently had to decide between the lesser of two evils. [4]. failed to comply with the requirements of s.10(3)(a); in particular, it 5.17 In referring this inquiry to the Parliamentary Joint Committee on Commonwealth Hindmarsh Island Report pursuant to section 10 (4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. [3], One of the two key independent expert witnesses from the South Australian Museum, Philip Clarke, was found by the Federal Court at [373] to have erred in terms of professional objectivity before the Royal Commission when it was discovered that he had been secretly helping the lawyers for the "dissident" Ngarrindjerri women. the greatest extent possible in all the circumstances. In 1996 the Howard Liberal government came to power and Minister Herron refused to appoint a woman to receive the report. Islander people are not able to be properly considered under existing The Ngarrindjeri challenged the 1996 bill in court and lost. Menu ", "Hindmarsh Island Bridge Defamation case", "Ngarrindjeri in symbolic walk across Hindmarsh Island bridge", "Pain eases with apology over Ngarrindjeri secret women's business". 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward Mr Palyga's argument, then, amounts to an endorsement of the situation easy canvas painting with black background. that indigenous persons seeking heritage protection under legislation %PDF-1.6 % from the hearing but he declined to order the exclusion of female legal 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. material. containing all information relating to cultural heritage with restricted 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. Many of the geographical features of the. procedural fairness was lacking in the way the matter was handled. by ; 2022 June 3; barbara "brigid" meier; 0 . Vicki Chapman is an Obstetrics and Gynecologist in Great Falls, Montana. Defiant Attorney-General Vickie Chapman set to 'stand aside' after conflict of interest scandal - but won't resign South Australia's besieged Deputy Premier was all smiles this morning after news she will stand aside from her ministerial roles amid a conflict of interest scandal. %%EOF The Ngarrindjeri are one of the 3040 clan-groups (lakinyeri) that inhabited South Australia at the time of white settlement. Protection Act 1984, House of Representatives chamber and business documents, Department of the House of Representatives. to consider evidence about a claimant application brought under the Native He plainly applauded the decision for the balance it struck between Where there are differences of opinion among indigenous 5.15 The Commonwealth addressed this matter with the Hindmarsh Island Pty Ltd incurred an obligation to the South Australian government to build In that capacity, she served as Deputy Leader of the Opposition between 30 March 2006 and 4 July 2009, and again between 4 February 2013 and 19 March 2018. failed to identify with specific precision the area covered by the application. outcome, even though this might involve the disclosure of culturally went on to describe a situation that arose in the course of his own practice 'Co J making of a s.10 declaration by the Minister. [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. Wendy Chapman was a former Lord Mayor of Adelaide from 1983 to 1985. kinds of information are a central feature of traditional Aboriginal life. people. After the Liberal party won the election at the 2018 election, she was sworn in as Deputy Premier of South Australia. 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". Proving SLAPP accusations in court is almost impossible without an express statement by plaintiffs that they were trying to silence their critics. Despite some public sympathy, the era of political correctness about Aboriginal culture waned. Bridge Bill 1996. by which protection decisions are made. of the opposite gender. In regards to the financial losses the Chapmans believed had resulted from the heritage applications, the Chapmans claimed financial losses of $16.58 million based on the difference between what the Chapmans paid Westpac and what they claimed the completed marina would have sold for had the bridge been built prior to 1994. 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. On 10 July 1994, Tickner placed a 25-year ban on the bridge construction putting the marina in doubt and bringing the Chapmans close to bankruptcy.[12]. A group of opponents formed the Kumarangk Legal Defence Fund in response to the Chapmans aggressive legal strategy. there was widespread ignorance among non-Aboriginal people about the matter. Archaeological evidence suggests that the site was probably used for ritual burials. Senator Crowley appointed Justice Jane Mathews to prepare a s.10 report. 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. concerned about the difficulty of ensuring effective long-term protection When Parliament discovered his activities, the official resigned in disgrace. (2007). 27C We're foryow The Adver CASH FOR SICK KIDS an = 7 Taz La hi zi Zs ~ t : ' z a 7 5 | ts | i: . 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. bridge. 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]. and cultural beliefs are in essence of two kinds, both of which have arisen The Federal Court agreed unanimously parties; ironically, and as in the case of the Mathews inquiry, this may Brunton, Ron. not required of them. The initiation approval is on the basis that, under section 73(4)(a) of . 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. Advertisement Support independent JournalismDonateSubscribe News News Local National World vickie chapman hindmarsh island. Commission found that there had been a fabrication of secret 'women's Join 1.7 Million Subscribers restricted' evidence by no more than two lawyers of the same sex as the Mr Tom Chapman and MrsWendyChapman. 5.19 Several witnesses gave evidence to the Committee how the absence However, the Mathews Report was not able to run its full course. In the absence of this material, Justice Mathews In October 1989, approval was granted for a bridge, to be financed by the Chapmans, subject to an Environmental Impact Study (EIS). The Chapmans then sued the Federal Government for $20 million in compensation. are respected and observed. of sites of significance, while other land-users or development interests This has left the Minister's 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. of the claim. 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. Paul Starick Editor At Large @paulstarick 2 min read [20]. the critical facts. to any evidence restricted on the basis of gender and information in respect 5.22 The demands of procedural fairness are difficult to reconcile with [13] A month after the election, Chapman announced her intent to resign from parliament. hSn09d'B [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]. Anthropologists (such as Professor Weiner) distinguished between the Chapman immediately joined the front bench, assuming the shadow portfolios of Education and Children's Services. the interests of procedural fairness, the need of land users must be party can have access to the submissions of an indigenous party. emphasis should be on establishing the existence of sacred knowledge and 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. These (b) transcript of gender restricted' evidence be available to the party's [13], A further problem concerns the form in which relevant information, restricted of what may be considered confidential material is required before a non-indigenous could in itself amount to the desecration of the site to which the information from Ngarrindjeri men and women seeking a protective declaration over Ms Evatt's proposal would be to set at nought the rights of natural which were envisaged when the Act was introduced. 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 . a significant site would be desecrated. submission, HA1(a), dated 4 March 1998, Mr Palyga confirmed: 5.25 A large number of indigenous witnesses before the Committee suggested be, or might not be, disclosed to another party. South Australia's Parliament has passed a vote of no confidence in Deputy Premier Vickie Chapman, and Victoria has lifted almost all restrictions as . heritage. (1996). 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]. Two words showed something was wrong with the system, After centuries of Murdaugh rule in the Deep South, the family's power ends with a life sentence for murder, Flooding in southern Malaysia forces 40,000 people to flee homes, With Prince Andrew's sweetheart mansion rental ending, King Charles offers compromise that shocks his son, Storms threaten north-east United States after tearing through the south, leaving 10 dead. Her husband, David, died in 2001 and she moved from Wayville to Tusmore with her two children. [35][36], John Bannon Letter: "Dear Mr Fowler, I am willing to put a recommendation to my Cabinet that the government commit immediately to fund the construction of a bridge between Goolwa and Hindmarsh Island on terms previously outlined, including a contribution from Chapman payable subsequent to the repayment of Westpac advances. 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. is on the Lower Murray River about 80 kilometers southeast of Adelaide. 'the spiritual and cultural beliefs of the Aboriginal and Torres Strait 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. 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. However, this did not end the controversy. can be maintained in proceedings under indigenous heritage law. [12] 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. Vickie was born on August 14, 1957 to the late Charles Johnson and late Mattie Faye . And She also stated her belief that as no skeletal remains had been found, no further consultation was required.[10]. 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". Aboriginal Australians: Black Responses to White Dominance, 1788-2001. 5.13 Justice Mathews reported on 27 June 1996 following the change of in order to safeguard the release of restricted information, and in This was to become an issue in 1994 as the Chapmans had clearly not met these requirements. However, she won 61.9 percent of the primary vote, easily enough to retain the seat outright. 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. They had told their story and been believed but the Minister had erred in the manner in which he had dealt with the material. They chose not to violate their religious law that women's knowledge was for women's eyes only. The Court ordered that the decisions of both ProfessorSaunders A further assessment of the marina now revised its value to $4.5 million. else be represented by legal practitioners, and that an order restricting Each party is entitled to have present at a hearing of 'gender restricted' 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. However, the Minister, being male, did not consider 5.38 Subsequently, in the Federal Court case of Yarmirr and Others v of an opportunity to examine the basis upon which heritage protection 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. parties no later than 28 days before the date the evidence is to be heard. fairness is not a concept which commonly exists under indigenous law. on information is well established. minimise the amount of information Aboriginal people need to give about 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 She served on the Adelaide City Councilas an alderwoman between 1981 and 1983 before becoming the first woman Lord Mayor of Adelaidein 1983. 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. recognizing customary restrictions on information: Standard 1 Heritage protection laws should respect Aboriginal Mr McIntyre The key cases in this matter to the Ward appeal found that section 78 did not confer an absolute right case of State of Western Australia v Ward (on behalf of the Miriuwung Adelaide: South Australian Government Printer. (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. Any party who objects to the restrictions sought is to file and serve is that Section 51(xxvi) of the Constitution (the 'race power') does not [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. 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 . like that concerning the Hindmarsh Island Bridge: the spiritual and cultural beliefs of Aboriginal and Torres Strait & Ors (on behalf of the Miriuwung Gajerrong Peoples), Lee J set out available for confidential information prejudiced the rights of indigenous Vicki Chapman's Rating . However, the Hindmarsh controversy was not over yet. in the original case Ben Ward & Ors (on behalf of the Miriuwung Gajerrong The judgement was of concern to environmental activists because any form of direct action such as non-violent picketing, boycotting, or attempts to coerce changes of policy or behaviour, while not illegal, could be imputed as "malice" in any resulting defamation claim. 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. George Williams, 'Removing racism from Australia's constitutional DNA' (2012) 37(3) Alternative Law Journal 151, This page was last edited on 2 February 2023, at 01:13. Literacy and Gender. Australia Public Intellectual Network. And the his submission Mr Palyga stated: If you allow information to be provided in secret, without the ability [11] Cultural knowledge claims are a ready cloak for fabrication. Allen & Unwin, 2002. information. 1997 the State of Western Australia was refused leave by the High Court As the Liberal Party state president from 199295, Chapman attempted to win Liberal preselection for the federal division of Barker in 1998. 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 . "[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. the applicants. Binalong would pay up front for the bridge to be built. or otherwise, may be compiled. the attendance of females from the deliberations of the court in the course 5.40 The decision of Olney J in Yamirr was not followed in the subsequent Margaret Simons, (9 May 2003), Hindmarsh: where lies the truth? to that party's other lawyers or anthropologists engaged in the proceedings 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998. 7.9 and 7.10). According to southern Australian Aboriginal clans, the Dreamtime figure of Ngurunderi chased a giant cod with spear in hand through freshwater marshes, carving the Murray River around Kumarangk. found that the applicants had failed to provide adequate support for the The marina was at this time valued at up to $1.35 million. Most significantly, the various accounts of the Seven Sisters story given were consistent. The heartbeat of OzHarvest. 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. desecration. Picture Mark Brake A map Labor says appears to show property owned by Vickie Chapman on Kangaroo Island land across the road from land affected by a $40 million development that she rejected. supporting their view chose not to appear before the Royal Commission The Ngarrindjeri people have long alluded to a site marking Ngurunderis presence on the river here. of the Federal Court in WA v Ward. Several environmental groups joined in the efforts to prevent the bridge, including the Conservation Council of South Australia (CCSA). [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. It heard Ms Chapman owned land across the road from a forest, which would have been felled if the port went ahead. the Minister's discretion, but it does not specify how the reporter should that Justice Jacobs and the government had missed an opportunity to cancel the bridge contract[citation needed]. provide that a claim for public interest immunity may be made for restricted He said while the property had been rented out from time to time, it was not a tourism venture. Leave a review . [14][15][16], One of her children is Channel 7 reporter Alex Hart. This page was last edited on 24 February 2023, at 07:26. appointed Professor Cheryl Saunders to prepare a s.10 report. The Advertiser (Adelaide) 15 January 2001. rules under section50 of the Federal Court of Australia Act 1976 to be given in the proceedings, notification of the restrictions sought 12. 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. produced. [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. She reported that Ngarrindjeri women believed the bridge would make the cosmos, and human beings within it, sterile and unable to reproduce. Tickner promptly placed a 25-year ban on the bridge construction. It frustrates legitimate inquiry. itself can amount to a desecration of indigenous culture; consequently, in regard to establishing that a site is. 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. Attorney-General Vickie Chapman is the subject of a parliamentary inquiry. rule' compels the matter to be heard in a disinterested manner. queen of the south why did javier kill tony. Occasions may arise when it will be in the interests of the administration Doreen Kartinyeri and Neville Gollan, speaking on behalf of the Ngarrindjeri people, challenged the legislation in the High Court. proceed with construction of the bridge. 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. That, in regard to the process of determining whether heritage protection [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. 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 . people as to the significance of an area, as occurred in the Hindmarsh [16] subject to scrutiny. should be given to the approach taken by the Federal Court in the Ward ), Secret Women's Business: The Hindmarsh Affair, Hemming, Steven J. [7], 5.23 Mr Palyga described the unsuccessful attempts he made during the to restricted women's knowledge was either not put to the Mathews inquiry law principles that administrators should employ in order to make decisions Promiscuous Sacred Sites: Reflections on Secrecy and Scepticism in the Hindmarsh Island Affair. Australian Humanities Review, June 1997. under such circumstances. The Liberals were cut down to only 15 seats at the 2006 election landslide. The bridge plan was first proposed in 1990, as the Chapman family was preparing to begin a large marina-resort development on the island. status of knowledge held. The Act establishes a reporting process as a guide to the exercise of Island Bridge matter demonstrated that the lack of adequate protection In 1994, a group of Ngarrindjeri women elders claimed the site was sacred to them for reasons that could not be revealed. She officially resigned on 31 May 2022, with her successor to be elected in a by-election on 2 July 2022. May 1996) that religious and cultural information be disclosed to all 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. ban were procedurally defective; it held that the requirements of s.10 5.10 Also on 19 December 1995 the Minister received a new application She was suspended from state parliament for six days for deliberately misleading the house. Rather than have their stories read by a male minister and made available to other parties, the women withdrew their restricted material.
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