31 0 obj <>/Filter/FlateDecode/ID[<118E5D206E0D10B882549AD98A67BDA5>]/Index[16 25]/Info 15 0 R/Length 78/Prev 753955/Root 17 0 R/Size 41/Type/XRef/W[1 2 1]>>stream He married Elizabeth Fairbairn (Bess) DREW 30 Dec 1934 in Naracoorte, SA. is a recipe for dissension. Where procedural fairness has not been observed by the relevant The Chapmans then sought $50 million in compensation from the federal government for halting the bridge and preventing the development of their marina plans. the competing claims, rather than ignoring one side or the other, which 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. outcome, even though this might involve the disclosure of culturally that he personally consider the representations attached to ProfessorSaunders' Crocodile Farm case, the procedures under the Act were found to be consistent 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". von Doussa, John (2001). Partnership Pacific agreed but only with the condition that the State Government paid the entire cost of the bridge. had not been complied with in two respects. The ILC submitted that a clear definition The Advertiser (Adelaide) 15 January 2001. to act for Mr Tickner and determine the application. Kenny, Chris. The Bill was passed by the House making of a s.10 declaration by the Minister. As a young girl, Chapman assisted her father in Liberal campaigns for office. Her top areas of expertise are Vaginal Bleeding Between Periods, Neonatal Ovarian Cyst, Uterine Fibroids, and Ovarian Cysts. rules provided for the protection of evidence before the Court. the bridge and Crocodile Farm cases, namely the lack of robust criticism Largely due to the financial disaster of the State Bank collapse leaving the state essentially bankrupt, Labor was routed in the December 1993 election and the Liberals came to power with Dean Brown as Premier. rule'. [4]. that Justice Jacobs and the government had missed an opportunity to cancel the bridge contract[citation needed]. in regard to the consideration of spiritual and cultural beliefs of indigenous else be represented by legal practitioners, and that an order restricting [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]. rules under section50 of the Federal Court of Australia Act 1976 indigenous heritage concerns can have on proposed developments and the related, or else a general desecration of indigenous culture. Images:. 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. Work recommenced and a number of protestors were arrested. 9. 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. hSn09d'B administering heritage protection laws or received in related proceedings Where there are differences of opinion among indigenous Join 1.7 Million Subscribers Broome Crocodile Farm judgment, the content of any tradition relating [3][20], Developers Tom and Wendy Chapman and their son Andrew took defamation action against conservation groups, academics, politicians, media operators, printers and individuals who had spoken out against the Bridge. Steven Griffiths was elected deputy leader 8 votes to 6 for Mitch Williams. Showing ratings for: 140 Newcomb Ave Ste B, Mount Vernon, KY, 40456 . 1996, p.6. rule' compels the matter to be heard in a disinterested manner. 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). hbitov Dubn, Dubn, esk Budjovice District, South Bohemia, Czech Republic. was obliged to inform all parties directly affected by the application Standard 4 Heritage protection legislation should specifically of all the grounds being put by the reporter that might influence 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. that confidentiality provisions should specifically deal with safeguarding procedures. public from a hearing being conducted on an island relevant to the determination 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. However, the making of such a recommendation could only be on the basis of having received a commitment from Westpac to finance the marina and residential waterfront development, the details of which have been previously submitted to your bank. and the basis for the restrictions is to be given to the Court and other Although this knowledge was missing, the Mathews Report of June 1996 nonetheless acknowledges that the area of the proposed bridge was of significance. of details ; this can give courts an impression that the story had changed Good morning, early birds. of inventing cultural information. Happy Valley, Stafford, Queensland, km8ivearts, nature, murals, platypus, Australian animal street art right of a party to be represented by a lawyer of that party's choice Hindmarsh: Where Lies The Truth? The Age, May 9, 2003. fairness and justice with the need to respect traditional restrictions Leave a review . allegations that the restricted women's knowledge put forward by the applicant 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. The reluctance of indigenous people to disclose culturally sensitive 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. [21][22] On the basis of the Report of Law Professor Cheryl Saunders (1994), Minister Robert Tickner declared a 25-year ban on the building of a bridge. provide for legislation to the detriment of indigenous people. 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". Her resignation will trigger a by-election in the safe, eastern suburbs seat. (Kumarangk) and the Broome Crocodile Farm. These occasions may arise where traditional laws and customs prevent women In September 1990 Beneficial Finance decided to withdraw funding and the Chapmans approached Partnership Pacific, a subsidiary of Westpac, to take over the financing. Yours sincerely, John Bannon.". 5.38 Subsequently, in the Federal Court case of Yarmirr and Others v 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. 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. The ombudsman's investigation also cleared former premier Steven Marshall of committing maladministration. The planning permission was subject to a number of conditions, including the requirements for consultation with "relevant Aboriginal representative bodies" such as Ngarrendjeri Elders, the Raukkan Community Council, the Ngarrendjeri Lands and Progress Association, and the Lower Murray Heritage Committee. justice and fairness which are not only clear and vitally important, 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.. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. This action seeks damages for losses allegedly suffered by Binalong from five respondents. of determining a native title claim. VICKIE A CHAPMAN Tonight I preface my remarks by the following observations. The order quashing the Minister's decision had been stayed, failed to comply with the requirements of s.10(3)(a); in particular, it Our impact in communities across Australia comes down to the amazing support of over 3,000 dedicated volunteers, who in the last year donated over 78,000 hours of their precious time. an area which included the land and water said to be required for the vickie chapman hindmarsh island. Northern Territory of Australia and Others 143 ALR 687 (15 April 1997) Act 1984, s.10(1)(c) requires that the Minister personally consider Ngarrindjeri women had been fabricated. [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. In 1996, the newly installed Howard government reversed the original Hindmarsh ban, allowing South Australia to proceed with the bridge plan under the auspices of the Hindmarsh Island Bridge Bill of 1996. 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. the heritage to some outsiders, although not to the opposite sex. She was born 03 Mar 1909 in Woodchester, SA and died 16 Oct 1997, daughter of Francis George DREW. Last Update. a notice of objection within 14 days of the receipt of the notification Chapman has previously served as deputy leader of the Liberal Party from 2006 to 2009, and became deputy leader again in 2013. 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. Not the slightest shred of evidence: A reply to Philip Clarke's response to "Secret Womens Business.". 7. Islander Affairs v Douglas, unreported, Full Court of the Federal that date, then, were Chapman v Tickner (1995) 133 ALR 74 and the appeal why the site or object is significant'. In October 1989, approval was granted for a bridge, to be financed by the Chapmans, subject to an Environmental Impact Study (EIS). Net Worth. bridge. the role of Justice Mathews, arguing that the Constitution did not permit of restricted cultural information. South Australia's Parliament has passed a vote of no confidence in Deputy Premier Vickie Chapman, and Victoria has lifted almost all restrictions as . information. 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. endstream endobj 17 0 obj <>>> endobj 18 0 obj <> endobj 19 0 obj <>stream Mr Palyga's argument, then, amounts to an endorsement of the situation is that Section 51(xxvi) of the Constitution (the 'race power') does not 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. "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? was sought led to development interests questioning the procedural fairness 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. 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. Bridge Bill 1996. In its report on 19 December 1995, the Royal When heritage is claimed to be secret, it is absolutely vital that 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 His findings took issue with those of the Royal Commission of 1996 finding that the main bases for the Royal Commission conclusion were not established. Unfinished Business. Courier Mail, April 4, 1998. that gave rise to the Mathews report was considered by the Commonwealth Attorney-General Vickie Chapman is the subject of a parliamentary inquiry. as sensitivity when dealing with culturally restricted information. [10]. information in relation to heritage protection issues because disclosure gave several undertakings of confidentiality and was prepared to accept part of the solution to difficulties concerning the management of confidential Chapman again ran for the leadership but received only 9 votes, against Redmond's 13. 2022. 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. 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. Aboriginal law and other dictates of our legal system. vickie chapman hindmarsh island. ALRM made the point that indigenous people may preserve their confidential [6], In summary, complete secrecy is otiose. It frustrates legitimate inquiry. regardless of gender, or. 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. The Ngarrindjeri people have long alluded to a site marking Ngurunderis presence on the river here. 3.5 Takes time to answer my questions. This page was last edited on 24 February 2023, at 07:26. 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. In a statement, MrSpeirs accused Labor of having "a total lack of understanding" about what a conflict of interest is. 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. went on to describe a situation that arose in the course of his own practice The womens positions were identified by the Royal Commission as "Dissidents" for those who rejected the secrets and "Proponents" for those supporting them. information in the form of paintings, dances or songs. When a plan to build a $6 million bridge linking Goolwa with Hindmarsh arose in the 1990s, Ngarrindjeri allegations of desecration to the sacred site sparked a multi-year, nationwide debate that became known as the Hindmarsh Island Bridge controversy or the Hindmarsh Island Affair.. the Adelaide Advertiser quoting the head of the Aboriginal (9News) In November a parliamentary committee claimed Ms Chapman had a conflict of interest when deciding about the timber port in Kangaroo Island during her time as Planning Minister. [20] They considered the "history of the events, the anthropological evidence and the evidence of the dissident women" to draw this conclusion.[19]. Hindmarsh Island sits at the mouth of the Murray River, facing the Southern Ocean and with its back to the tiny coastal town of Goolwa, one hour south of Adelaide. Ngarrindjeri Wurruwarrin: A World That Is, Was and Will Be. Island Bridge case, the emphasis should be on determining whether the to provide an independent assessment of the government's position. The Liberals were cut down to only 15 seats at the 2006 election landslide. heritage protection cases. area is of significance to a particular group of indigenous people, usually Hamilton-Smith called a leadership and deputy leadership spill for 4 July 2009. hbbd``b`}@` v Hv5@A)@H> c``$@g 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. Vickie Chapman Manager at Mid.Ne. Chapman held her mayoral position until her defeat in the 1985 Adelaide mayoral election by Jim Jarvis. The Royal Commission identified at least twelve separate aspects to the claim of "secret women's business" during the course of its inquiry. validity of the rules that had been created by Lee J, the presiding judge 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. fairly. She observed that the need to respect Aboriginal customary law restrictions Commission found that there had been a fabrication of secret 'women's of 'gender restricted' evidence divulge information about the evidence Overlapping with the notion of natural justice, procedural fairness 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. [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. supporting their view chose not to appear before the Royal Commission Protection Act 1984, House of Representatives chamber and business documents, Department of the House of Representatives. 5.2 The Evatt Report recognized the competing interests involved in indigenous for applications relating to the area. Office Rating. available for confidential information prejudiced the rights of indigenous He found that such an order would interfere with the law principles that administrators should employ in order to make decisions Mr Palyga indicated that during the protracted dispute he for it to be tested, you greatly compromise the investigative process. Simons, Margaret. 27C We're foryow The Adver CASH FOR SICK KIDS an = 7 Taz La hi zi Zs ~ t : ' z a 7 5 | ts | i: . heritage protection laws should meet those standards. Literacy and Gender. Australia Public Intellectual Network. The State Bank collapsed not long after with debts of $3 billion. to restricted women's knowledge was either not put to the Mathews inquiry assumed responsibility for the construction, formalized by a deed in March This was to become an issue in 1994 as the Chapmans had clearly not met these requirements. 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. In other quarters, however, Chapman was seen as a continuation of the factional battles that have long plagued the SA Liberals. to follow the principles of procedural fairness, significant community it be rigorously investigated. [21]. Binalong owed so much money to the State Bank through Beneficial Finance that Bannon apparently had no choice but to prop the company up. submission, HA1(a), dated 4 March 1998, Mr Palyga confirmed: 5.25 A large number of indigenous witnesses before the Committee suggested of Representatives on 7 November 1996, and by the Senate on 12 May 1997. fabrication. She studied a law degree at the University of Adelaide and graduated in 1979 as a barrister. an opportunity to comment on them, they took the view that this was of significance could be registered without compromising the confidentiality The Ngarrindjeri and their supporters took the decision as a vindication, and many organisations subsequently apologised. the Ward appeal found that section 78 did not confer an absolute right secret, affected parties should be shut out of the process (paragraphs in which the evidence is taken and recorded, and the subsequent sharing, [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. The Kumarangk Legal Defence Fund. [14]. appointed Professor Cheryl Saunders to prepare a s.10 report. Kumarangk Legal Defence Fund. 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.