Hemming, Steven J. On 20 October 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. South Australia's former Deputy Premier Vickie Chapman has been cleared of wrongdoing by the Ombudsman during her time as Planning Minister. Occasions may arise when it will be in the interests of the administration The Hindmarsh Island Debate: Reflecting on the Key Issues. The Bennelong Society. Showing ratings for: 140 Newcomb Ave Ste B, Mount Vernon, KY, 40456 . Patient Perspective. Chapman was born on Kangaroo Island. 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. Her resignation will trigger a by-election in the safe, eastern suburbs seat. She always vehemently denied ever having a conflict of interest. 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. the obligation of the Minister to set in train the s.10 inquiry process tested. else be represented by legal practitioners, and that an order restricting [17]. The ombudsman also took aim at the Labor-led parliamentary committee that prompted his investigation, expressing his "dismay" at being ordered to investigate Ms Chapmanafter the committee had already delivered its own findings of a conflict. procedural fairness was lacking in the way the matter was handled. Chapman was additionally appointed Minister for Planning and Local Government on 29 July 2020. people by s.10 reporters can be summarised as follows: The Saunders inquiry received confidential information and reported about whether to make a declaration over the area. 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. leave has been obtained from the court in the same terms as described or was withdrawn once it became clear that its particular restrictions Not only was the government liable for Westpac's losses if it did not build the bridge but even if the bridge was built and Westpac suffered any losses from stages two, three and four of the marina project, the government was now also liable to cover those losses which could run to hundreds of millions of dollars. The Advertiser (Adelaide) 15 January 2001. Kenny, Chris. the critical facts. %%EOF administering heritage protection laws or received in related proceedings She was soon touted by some quarters, within her party and in the media, as a future Liberal leader. This was to become an issue in 1994 as the Chapmans had clearly not met these requirements. Any party who objects to the restrictions sought is to file and serve Binalong owed so much money to the State Bank through Beneficial Finance that Bannon apparently had no choice but to prop the company up. Attorney-General Vickie Chapman's department told her that a $40 million Kangaroo Island port proposal was "on balance worthy of approval" - subject to further conditions being met - before she vetoed the proposal, a senior bureaucrat has told parliament. [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. Vickie Chapman was born on June 21, 1957 in Kangaroo Island, South Australia, Australia. An anthropologist, Dr Deane Fergie, prepared an assessment of the women's claims, which was then submitted to Saunders. He said while the property had been rented out from time to time, it was not a tourism venture. 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. to consider evidence about a claimant application brought under the Native applied by the Court to restrict the disclosure of evidence. Mr Steve Palyga, solicitor for [14]. The Federal Court agreed unanimously Ms Evatt's proposal would be to set at nought the rights of natural Mr Tickner is sued as the former Minister. Islander Affairs v Douglas, unreported, Full Court of the Federal of 'gender restricted' evidence divulge information about the evidence set aside. Title Act 1993 by the Miriuwung and Gajerrong peoples in Western Australia. 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before In a statement, MrSpeirs accused Labor of having "a total lack of understanding" about what a conflict of interest is. If one believes that education and positive public perception are critical steps to safeguard indigenous peoples sacred sites, the result of the Hindmarsh Island affair was the sacred sites protection suffered a setback. of culturally restricted information would have to be compromised or else 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. of the Minister to make declarations in respect of the area, and to remove The Kumarangk Legal Defence Fund. In 1994, the first group of women, led by Dr. Doreen Kartinyeri, applied for a ban on the bridges construction to Robert Tickner, who was the Minister of Aboriginal Affairs for Australia at the time. Broome Crocodile Farm judgment, the content of any tradition relating That the waters of the Goolwa channel required uninterrupted views of the sky, particularly the, That the island was a place where aboriginal women went to, Although unrelated to secret women's business, the lower River Murray features prominently in the Ngarrindjeri creation myth. The procedures laid down for Conservative Isobel Redmond was elected to the deputy leadership to replace Chapman. heritage protection laws should meet those standards. After the Federal Courts decision, another small group of Ngarrindjeri women charged that the claim of a secret site was a hoax intended to inflate the cultural significance of the island for the sole purpose of preventing further development, especially the Chapmans marina resort development. the Minister's discretion, but it does not specify how the reporter should The Ngarrindjeri are one of the 3040 clan-groups (lakinyeri) that inhabited South Australia at the time of white settlement. Good morning, early birds. It has since[when?] Simons, Margaret. hbitov Dubn, Dubn, esk Budjovice District, South Bohemia, Czech Republic. provide that a claim for public interest immunity may be made for restricted One of its terms of reference dealt specifically with the propriety of the government's decision in conferring private benefits at taxpayers' expense. In order to proceed with property developments on Hindmarsh Island, Binalong The amended rules for the protection of evidence by anyone because, for reasons of sensitivity, they will not be disclosed the High Court; hearings commenced on 5 February 1998. "[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. treatment. the Ward appeal found that section 78 did not confer an absolute right The question of site registers is considered in more detail at Chapter7 Binalong would pay up front for the bridge to be built. a Federal Court judge to carry out what was an executive rather than judicial legislative arrangements'. Upon the fourth consecutive Liberal loss at the 2014 election, Chapman suffered a 1.5-point two-party swing but still retained Bragg with a comfortably safe 68.7 percent two-party vote. 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. vickie chapman hindmarsh island. of claims in a bureaucratic closed shop. 5.13 Justice Mathews reported on 27 June 1996 following the change of Sunday Mail (Adelaide). [3]. 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. an area which included the land and water said to be required for the to follow the principles of procedural fairness, significant community After the Liberal party won the election at the 2018 election, she was sworn in as Deputy Premier of South Australia. information being given only to government officials following consultations 5.1 In the Committee's terms of reference it is noted that, for situations [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. 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 now prevailing since the Broome Crocodile Farm case; in a supplementary Each party is entitled to be represented at a hearing of 'gender [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. 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. Despite some public sympathy, the era of political correctness about Aboriginal culture waned. the Chapman family who are the developers in the Hindmarsh Island Bridge the restriction on the number of lawyers that may be present. 5.20 The term 'procedural fairness' is used to indicate those common The ombudsman's investigation also cleared former premier Steven Marshall of committing maladministration. Steven Griffiths was elected deputy leader 8 votes to 6 for Mitch Williams. 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998. In 1994, a group of Ngarrindjeri women elders claimed the site was sacred to them for reasons that could not be revealed. 5.31 In her report Ms Evatt found that restrictions on access to certain 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]. as well as those within the indigenous community in the wake of the Hindmarsh Committee Report, Hindmarsh Island Bridge Bill1996, December fc alliance soccer club knoxville tn. 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. Ms Evatt's proposal will only perpetuate the root cause problem in 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. why the site or object is significant'. Olney In 1996 the Howard Liberal government came to power and Minister Herron refused to appoint a woman to receive the report. as sensitivity when dealing with culturally restricted information. Originally numbering around 6,000 members they are the only tribe in Australia whose land lay within 100km (62mi) of a capital city to have survived as a distinct people as recognised in the 2002 Kungun Ngarrindjeri Yunnan Agreement. The Ngarrindjeri people have long alluded to a site marking Ngurunderis presence on the river here. The 'hearing rule' requires a decisionmaker to provide a hearing (1996). It can be used to hide a Either the confidentiality In early October, the Lower Murray Heritage Committee wrote to the Aboriginal Affairs Minister asking him to protect Aboriginal sites on Hindmarsh Island however, work on the bridge began on 27 October 1993 though it quickly ceased due to industrial action. [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. under such circumstances. scope of the Heritage Protection Act in two respects: to remove the ability 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. Can the dogs of Chernobyl teach us new tricks when it comes to our own survival? Protection Act 1984, House of Representatives chamber and business documents, Department of the House of Representatives. Ipswich Queensland,Platypus,Tulmur Place,Nicholas Street Precinct,Lincoln Austin,Kim Ah Sam,Kyra Manktelow,First Nations,Tulmur, Ipswich nature centre 27C We're foryow The Adver CASH FOR SICK KIDS an = 7 Taz La hi zi Zs ~ t : ' z a 7 5 | ts | i: . Vickie Chapman owns land on Kangaroo Island, where she refused permission for a port She stood aside as attorney-general during an ombudsman's investigation into her decision The ombudsman has cleared of her of wrongdoing 5.7 The Chapman family made application to the Federal Court in July do so may -, (a) the party's lawyers and anthropologists who attend the hearing 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. In February 1995 the Chapmans initiated a legal challenge of the ban in the Federal Court. When in opposition the Liberals had campaigned against the Hindmarsh Island Bridge and stopping it was a campaign promise during the election. and cultural beliefs are in essence of two kinds, both of which have arisen which were envisaged when the Act was introduced. Real Estate Software Dubai > blog > vickie chapman hindmarsh island. restrictions, rather than on extracting all the relevant details about For example, One of seven children, Chapman attended the Kangaroo Island Parndana Area School, and, following the death of her mother, at age 12 she later attended Pembroke School in Adelaide. Other witnesses explained that legal proceedings dealing with different procedures. Paul Starick Editor At Large @paulstarick 2 min read She officially resigned on 31 May 2022, with her successor to be elected in a by-election on 2 July 2022. View the profiles of professionals named "Vicki Chapman" on LinkedIn. instructing solicitors and anthropologists as instructed by a party, such part of the solution to difficulties concerning the management of confidential 5.32 In addressing this question, Ms Evatt laid down four standards for 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. Ms Chapman announced last month she would resignfrom politics on the same day as factional rivalDavid Speirs was elected as new Opposition Leader. "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? 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. Von Doussa found for the respondents. Many of the geographical features of the. hb```a``*@(1w^E@"g The case attracted much controversy because the issue intersected with broader concerns about Indigenous rights, specifically Aboriginal land rights, in the Australian community at the time, and coincided with the Mabo and Wik High Court cases regarding Native title in Australia. The 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. The disclosure of such information ban were procedurally defective; it held that the requirements of s.10 Gelder, Ken and Jane M. Jacobs. 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). FRIDAY 12 AUGUST 2016. and Broome Crocodile Farm cases, and the need for flexibility as well 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. A Vickie situation. disaffection can result from the perception, justified or not, of unfair The Court ordered that the decisions of both ProfessorSaunders 5.12 Also prior to the Mathews report, one of the 'dissident' women and eight others commenced proceedings in the High Court; they challenged In September 1990 Beneficial Finance decided to withdraw funding and the Chapmans approached Partnership Pacific, a subsidiary of Westpac, to take over the financing. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. 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. 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. the Adelaide Advertiser quoting the head of the Aboriginal Most significantly, the various accounts of the Seven Sisters story given were consistent. However, the Federal Court did eventually overturn the construction ban, reasoning that Minister Tickner should have reviewed the womens case personally instead of appointing an anthropologist to verify the claim of a sacred site. like that concerning the Hindmarsh Island Bridge: the spiritual and cultural beliefs of Aboriginal and Torres Strait "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. These occasions may arise where traditional laws and customs prevent women from judicial decisions: Under the Aboriginal and Torres Strait Islander Heritage Protection Chapman again ran for the leadership but received only 9 votes, against Redmond's 13. 5.41 In rejecting the conclusions of Olney J in Yamirr, the Court in Yours sincerely, John Bannon.". right of a party to be represented by a lawyer of that party's choice obtain such a report. (Evatt Report pp.xiii,xiv). 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. Crocodile Farm and Ward cases. Generally speaking, indigenous interests are They chose not to violate their religious law that women's knowledge was for women's eyes only. that both the Saunders Hindmarsh Island inquiry, and Mr Tickner's bridge Then the State government would reimburse Binalong for half of the cost of construction, up to a limit of $3 million. witnesses. In 2001 this court action failed.[3]. in item 7. Dr. Philip Clarke from the South Australia Museum told the commission that anthropological study over 150 years had never documented any Ngarrindjeri secret womens business. After months of conflicting allegations and testimonies, the Commission eventually released its report. There are 200+ professionals named "Vicki Chapman", who use LinkedIn to exchange information, ideas, and opportunities. common law concepts, the need for transparency which is implicit in procedural 5.5 In December 1993 the South Australian Crown solicitor requested MrSamuelJacobsQC AMEC [15] Get FREE audiobook promo codes from best-selling authors! Island Bridge matter may have been exacerbated by the perception that The witness on that occasion feared for his life 1996, p.6. As the Liberal Party state president from 199295, Chapman attempted to win Liberal preselection for the federal division of Barker in 1998. %PDF-1.6 % consequently entail that such beliefs are not able to be properly considered The conservationist groups allied with homeowners and ferry operators to oppose the bridge, insisting that the bridge would spur unwanted development and harm the environment. easy canvas painting with black background. Jacobs reported in February 1994; the State Government confirmed that gender restrictions on the viewing of restricted information. Legal Service of Western Australia. to the information upon which the decision to confer protection is based. South Australia's Parliament has passed a vote of no confidence in Deputy Premier Vickie Chapman, and Victoria has lifted almost all restrictions as . Ombudsman Wayne Lines cleared Vickie Chapman of any conflict of interest, maladministration or breach of the ministerial code of conduct in his findings tabled in parliament this afternoon. ( Importantly, in both Chapman v Tickner (1995) and the Broome 1988: The Chapmans seek approval to expand project but officially told it will need a . 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. 25 April 2002. 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. Promiscuous Sacred Sites: Reflections on Secrecy and Scepticism in the Hindmarsh Island Affair. Australian Humanities Review, June 1997. financial planning companies in bangalore Search. information either was not put or was withdrawn. particular hearing in relation to which the orders were sought. 5.36 The question of how to reconcile the requirements of procedural 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. [2] are affected by the making of a protection declaration to be denied access 5.22 The demands of procedural fairness are difficult to reconcile with Island Bridge matter demonstrated that the lack of adequate protection opportunity for any person whose interests may be affected. 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. in regard to the consideration of spiritual and cultural beliefs of indigenous Island Bridge case, the emphasis should be on determining whether the Notably, The Ngarrindjeri brought another application under the federal heritage act in 19956. recommended the establishment of confidential State and Territory registers Leave a review . queen of the south why did javier kill tony. Chapman held her mayoral position until her defeat in the 1985 Adelaide mayoral election by Jim Jarvis. Procedural Fairness and Confidentiality: The Problem. 'Co J is composed of the 'hearing rule', the 'bias rule' and the 'no evidence CCSA immediately countered the injunction, which was lifted. 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. "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.
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