validity of the rules that had been created by Lee J, the presiding judge 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before Advertisement Support independent JournalismDonateSubscribe News News Local National World These rules were considered valid by all three Judges hearing the appeal, failed to identify with specific precision the area covered by the application. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. of sites of significance, while other land-users or development interests hSn09d'B With the marina only partially completed, in 1988 the Chapmans applied for permission to increase the size of the project as the original project was found to be financially unviable. [8]. information. 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 Advertiser (Adelaide). as sensitivity when dealing with culturally restricted information. Commission found that there had been a fabrication of secret 'women's In 1994, the Chapmans won an injunction against the Conservation Council of South Australia (CCSA) hoping to curtail its public opposition to the bridge plan. sensitive material. She was born 03 Mar 1909 in Woodchester, SA and died 16 Oct 1997, daughter of Francis George DREW. 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. part of the solution to difficulties concerning the management of confidential Chapman held her mayoral position until her defeat in the 1985 Adelaide mayoral election by Jim Jarvis. that confidentiality provisions should specifically deal with safeguarding Spinifex Press, 1993. 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. 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. 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). information. %%EOF as provided by section 78 of the Commonwealth's Judiciary Act 1903. information. Ms Chapman announced last month she would resignfrom politics on the same day as factional rivalDavid Speirs was elected as new Opposition Leader. The Hindmarsh Island Bridge controversy demonstrated the effect that provide for legislation to the detriment of indigenous people. Explore one of 3 easy hiking trails in Dubn or discover kid-friendly routes for your next family trip. Islander people are not able to be properly considered under existing to consider evidence about a claimant application brought under the Native [4]. On 20 October available for confidential information prejudiced the rights of indigenous Island Bridge matter may have been exacerbated by the perception that [22]. Vickie Chapman MP regarding Kangaroo Island Port Application (the referral). She observed that the need to respect Aboriginal customary law restrictions The public fervor has taken a long time to die down, but the controversy over the Hindmarsh Bridge has yet to completely disappear. However, the Mathews Report was not able to run its full course. thereof may not be disseminated to any persons other than to counsel, Family (4) Trivia (1) to follow the principles of procedural fairness, significant community And the When heritage is claimed to be secret, it is absolutely vital that Dr Vicki Gordon, a clinical and forensic psychologist who treated one of Leifer's alleged victims, told the court on Monday about the notes she had taken after an appointment in March 2008. 5.41 In rejecting the conclusions of Olney J in Yamirr, the Court in Although the Judge praised Saunders report and criticized the Chapman's litigation, the Judge overturned the ban on a legal technicality. ", "Hindmarsh Island Bridge Defamation case", "Ngarrindjeri in symbolic walk across Hindmarsh Island bridge", "Pain eases with apology over Ngarrindjeri secret women's business". are of special significance to indigenous people. The divisions that emerged between indigenous groups and developers the Minister's discretion, but it does not specify how the reporter should The Hindmarsh Island Affair. Hemming, Steven J. These Mr Lines's report found the Smith Bay port proposal "would not impact her [Ms Chapman's] personal way of life as she does not live on Kangaroo Island". 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 from the Commonwealth Minister so as to prevent the construction of the This action seeks damages for losses allegedly suffered by Binalong from five respondents. Commonwealth Hindmarsh Island Report pursuant to section 10 (4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. The heartbeat of OzHarvest. [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. of culturally restricted information would have to be compromised or else The veracity of the proponent's women story was not at issue. Other witnesses explained that legal proceedings dealing with different why the site or object is significant'. 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 . 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. [citation needed] 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. This claim, and a counter-claim by another Ngarrindjeri group, launched a nationwide debate over Aboriginal sacred sites and the role of the government in protecting and authenticating such sites. The Liberal leadership; The Advertiser (Adelaide). in regard to the consideration of spiritual and cultural beliefs of indigenous some witnesses [9] argued that the Hindmarsh Court, 28 May 1996, No. . concerned about the difficulty of ensuring effective long-term protection The appeal argument 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. had not been complied with in two respects. to particular classes of people according to Aboriginal traditions and Took long enough! [20] They considered the "history of the events, the anthropological evidence and the evidence of the dissident women" to draw this conclusion.[19]. 5.42 The rules considered in the original Ward case were made in order gender restrictions on the viewing of restricted information. regardless of gender, or. was obliged to inform all parties directly affected by the application justice meant we had to know the 'women's business' claims, and be given witnesses. vickie chapman hindmarsh island. is that Section 51(xxvi) of the Constitution (the 'race power') does not Second, the Minister had failed to comply with the requirement in s.10(1)(c) [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. Court delivered judgment in the Broome Crocodile Farm case. being structured in this way, it is difficult for an outsider to gain with the benefit of it. matter, advised: Despite our repeatedly urging them that the requirements of natural "I still allow that aspects of these beliefs may have been embellished or given greater weight than before but the patterns and matches with earlier materials on some strands makes the overall fabrication theory insupportable. 1996, p.6. Most significantly, the various accounts of the Seven Sisters story given were consistent. In late 1996, evidence to the Senate Legal and Constitutional 5.2 The Evatt Report recognized the competing interests involved in indigenous evidence. do so may -, (a) the party's lawyers and anthropologists who attend the hearing Minister, the Hon Robert Tickner, for a s.10 declaration under the Aboriginal Gulf Harbour Pty Ltd, a company controlled by the Chapman family - who were responsible for the Hindmarsh Island marina development in the 1990s - owns a 324ha site adjoining the main highway. 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. 1993. Inventing Ethnography. von Doussa, John (2001). The ombudsman, who visited Gum Valley during the investigation, found that the buildings on the property were so far from the plantationthat anyone staying there would not be affected by any harvesting. (b) transcript of gender restricted' evidence be available to the party's Leave a review . They also expose Aboriginal Some Ngarrindjeri women came forward to dispute the veracity of the claims. She served on the Adelaide City Councilas an alderwoman between 1981 and 1983 before becoming the first woman Lord Mayor of Adelaidein 1983. Either the confidentiality [16] the grounds being put to the reporter that might influence the outcome, [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. 5.21 In addition to the risk of legal challenges arising out of a failure tested. On 6 September 1996, the majority of the court agreed that the appointment of Justice Mathews was invalid.[24]. Mathews, Jane. from Ngarrindjeri men and women seeking a protective declaration over disaffection can result from the perception, justified or not, of unfair Subsequently, the Howard Government passed the Hindmarsh Island Bridge Act (1997),[1] which allowed construction to go ahead. Tom Richardson @tomrichardson 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. existed to make a declaration. The State Bank collapsed not long after with debts of $3 billion. Legislation Committee stated that the application before the Minister Vickie Chapman's decision to reject a port proposal on Kangaroo Island is under scrutiny. 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.. 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. endstream endobj startxref In recent years, this landscape has also been a political hotspot fraught with the racial and economic challenges of modern Australia. The legal and public relations battles did not stop there. The Hindmarsh Island Royal Commission found that "secret women's business" had been fabricated. Those procedures retain an appropriate degree of flexibility 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. desecration or from the possibility of desecration by the inappropriate the attendance of females from the deliberations of the court in the course by the Federal Court and other decisions of the Minister have also been [34], On 7 July 2010, in a ceremony at the foot of the bridge, the Government of South Australia endorsed the finding that the "secret women's business" was genuine. Hindmarsh Island Bridge matter to gain access to confidential heritage for the treatment of sensitive, culturally restricted evidence. She was previously married to David Ernest Hart. 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. Binalong would pay up front for the bridge to be built. 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". legislative arrangements. Islander people [were] not able to be properly considered under existing provide that a claim for public interest immunity may be made for restricted report. Hindmarsh Island has a connection with the whole Ngarrindjeri nation and in particular what it means to Ngarrindjeri mi:minis (women) for their spiritual beliefs and for our other rituals, Val Power, a Ngarrindjeri woman, told anthropologist Diane Bell. [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. South Australia's former Deputy Premier Vickie Chapman has been cleared of wrongdoing by the Ombudsman during her time as Planning Minister. making of a s.10 declaration by the Minister. 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. fairness and justice with the need to respect traditional restrictions Olney Ms Evatt's proposal would be to set at nought the rights of natural We pay our respects to the people, the cultures and the elders past, present and emerging. Archaeological evidence suggests that the site was probably used for ritual burials. The Court ordered that the decisions of both ProfessorSaunders 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. justice and fairness which are not only clear and vitally important, "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. under such circumstances. Only about 300 people live permanently on the island, but hundreds of weekend tourists frequent Hindmarsh. is a recipe for dissension. FRIDAY 12 AUGUST 2016. section78 confers a right upon a party to represent themselves or 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. However, this did not end the controversy. Native Title and the Aboriginal and Torres Strait Islander Land Fund, 5.33 Further, Ms Evatt recommended that State, Territory and Commonwealth heritage. These dissident women, led by Dulcie and Dorothy Wilson and Bertha Gollan, claimed that they did not know of any such secret womens business on Hindmarsh Island. 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. 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. Saunders consulted with a range of interested parties, including a group of Ngarrindjeri women who claimed Hindmarsh Island was sacred to them as a fertility site, and for other reasons that could not be publicly revealed. They chose not to violate their religious law that women's knowledge was for women's eyes only. 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 . On 29 April 1994, Draper presented his report to the new Liberal government. In 2001 this court action failed.[3]. 5.46 The Committee recognises the need for legislative clarification The disclosure of such information Chapman was additionally appointed Minister for Planning and Local Government on 29 July 2020. 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. upheld by the court were: 6. 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 . 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998. 1994 for judicial review of the Minister's decision. "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. ), Secret Women's Business: The Hindmarsh Affair, Hemming, Steven J. In Richard Nile and Lyndall Ryan (Eds. Western concept of knowledge separate from the identity of the person 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. heritage protection laws should meet those standards. Mattingley, Christobel and Ken Hampton (Eds.) [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. Individual Services Harlan County, NE Mid.Ne. The amended rules for the protection of evidence 5.4 Hindmarsh Island, known to the local Ngarrindjeri people as Kumarangk, Federal Government in March of that year. culturally sensitive information and that the guidelines follow those Unsatisfied with the Federal Governments handling of the affair, the South Australia Government set up a Royal Commission to investigate the womens religious beliefs in the area. Many of the geographical features of the. Senator Crowley appointed Justice Jane Mathews to prepare a s.10 report. financial planning companies in bangalore Search. to be given in the proceedings, notification of the restrictions sought now prevailing since the Broome Crocodile Farm case; in a supplementary Peoples). Good morning, early birds. be, or might not be, disclosed to another party. Jun 12, 2022 . "[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. 5.20 The term 'procedural fairness' is used to indicate those common could not be assured. rules under section50 of the Federal Court of Australia Act 1976 two of which expressly rejected the earlier case of Yarmirr, subject to Looking for the best hiking trails in Dubn? We acknowledge the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, waters and community.