Only if cause has been shown and leave obtained from the Court to Standard 2 Procedures under heritage protection laws should Aboriginal and Torres Strait Islander people are advised that this website may contain images and voices of deceased people. However, she won 61.9 percent of the primary vote, easily enough to retain the seat outright. [8]. On 18 November 2021, I received a referral from the Select Committee on Conduct of the Hon. officers as it was not contemplated that they would be present at the as sensitivity when dealing with culturally restricted information. Happy Valley, Stafford, Queensland, km8ivearts, nature, murals, platypus, Australian animal street art 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. WAG 18 of 1995. ( Importantly, in both Chapman v Tickner (1995) and the Broome procedural fairness was lacking in the way the matter was handled. Ms Chapmanwas sworn in as the Member for Bragg today, despite Speaker Dan Cregan tabling legal advice that she should not be able to sit in parliament since she had already written to him saying she was quitting. 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". 5.32 In addressing this question, Ms Evatt laid down four standards for The Bill was passed by the House The Kumarangk Legal Defence Fund. 10. It heard Ms Chapman owned land across the road from a forest, which would have been felled if the port went ahead. 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. 5.31 In her report Ms Evatt found that restrictions on access to certain (2007). Ms Evatt's proposal will only perpetuate the root cause problem in Crocodile Farm case, the procedures under the Act were found to be consistent We pay our respects to the people, the cultures and the elders past, present and emerging. %PDF-1.6 % Get the BillionGraves app now and help collect images for this cemetery! The credibility of a wide array of people, from the Aboriginal representatives to anthropologists, lawyers, politicians and environmentalist, had come into question over the issue of secret womens business. Within the Ngarrindjeri community, divisions were even deeper, and many of the women still do not speak to one another. . The question of site registers is considered in more detail at Chapter7 his submission Mr Palyga stated: If you allow information to be provided in secret, without the ability Chapman was elected as deputy Liberal leader, and hence Deputy Leader of the Opposition, in an unexpected joint ticket with factional rival Iain Evans. 2 Timothy 4:7. The order quashing the Minister's decision had been stayed, case, Hill, Branson and Sundberg JJ of the Federal Court considered the Gelder, Ken and Jane M. Jacobs. 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. shimano ep8 630wh battery range 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. on information is well established. particular hearing in relation to which the orders were sought. On 3 May the State Minister for Aboriginal Affairs, Dr Michael Armitage, now used his powers under the act to authorise damage to the identified sites if required for the bridge to proceed[citation needed]. that gave rise to the Mathews report was considered by the Commonwealth (1996) Secret envelopes and inferential tautologies. This page was last edited on 24 February 2023, at 07:26. That, in regard to the process of determining whether heritage protection 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before 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]. 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. That the island had to remain separate from the mainland creating a permanent link (such as a bridge) would be "as disastrous as if two bodily organs were connected together". of determining a native title claim. The public fervor has taken a long time to die down, but the controversy over the Hindmarsh Bridge has yet to completely disappear. He wrote: 12. the appointment of a Minister of the appropriate gender for the purpose. apply to the issue of determining the significance of a particular heritage function. vickie chapman hindmarsh island. 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. 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 . 5.46 The Committee recognises the need for legislative clarification The beautiful landscape where the river empties into the Southern Ocean has since been imbued with deep spiritual significance. Voting for Hamilton-Smith as deputy meant not voting for Evans. During that case, new evidence and testimony was presented, leading the Federal judge to determine that the Ngarrindjeri claims to a sacred site at the Hindmarsh bridge were not inauthentic. She again tried to win preselection, this time for the safest Liberal seat in the metropolitan area, Bragg, located in Adelaide's wealthy eastern suburbs. At one point, the Chapmans had initiated twelve legal actions against bridge opponents, including anthropologist Cheryl Saunders, Minister Tickner and several others officials, lawyers and media outlets. vickie chapman hindmarsh island. Proving SLAPP accusations in court is almost impossible without an express statement by plaintiffs that they were trying to silence their critics. 5.4 Hindmarsh Island, known to the local Ngarrindjeri people as Kumarangk, Family (4) Trivia (1) been pointed out[by whom?] could not be assured. She officially resigned on 31 May 2022, with her successor to be elected in a by-election on 2 July 2022. He said while the property had been rented out from time to time, it was not a tourism venture. 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). The Hindmarsh Island Royal Commission found that "secret women's business" had been fabricated. 3.5 Provides follow-up as needed. The article then goes on to refer to Ted Chapman's connection to Vicki Chapman of the Liberal party and his place in SA politics. Second, the Minister had failed to comply with the requirement in s.10(1)(c) 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. [10]. 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. Federal Government in March of that year. 5.33 Further, Ms Evatt recommended that State, Territory and Commonwealth to provide an independent assessment of the government's position. information. part of the solution to difficulties concerning the management of confidential legislative arrangements. 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. She was previously married to David Ernest Hart. 5.20 The term 'procedural fairness' is used to indicate those common "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. The bridge plan was first proposed in 1990, as the Chapman family was preparing to begin a large marina-resort development on the island. queen of the south why did javier kill tony. in the Broome Crocodile Farm case. 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. When a plan to build a $6 million bridge linking Goolwa with Hindmarsh arose in the 1990s, Ngarrindjeri allegations of desecration to the sacred site sparked a multi-year, nationwide debate that became known as the Hindmarsh Island Bridge controversy or the Hindmarsh Island Affair.. Patient Perspective. May 1996) that religious and cultural information be disclosed to all Work recommenced and a number of protestors were arrested. Senator Crowley appointed Justice Jane Mathews to prepare a s.10 report. Chapman has previously served as deputy leader of the Liberal Party from 2006 to 2009, and became deputy leader again in 2013. the critical facts. 1993. of the case is excluded from important information. [21]. Kenny, Chris. Vickie's island in the suburbs. 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. discretion open to legal challenges. Western concept of knowledge separate from the identity of the person Court delivered judgment in the Broome Crocodile Farm case. Mr Lines said the decision to refer the matter to him "creates a real risk of politicising my office and undermining public confidence in my office's independence and impartiality". Ngarrindjeri women had been fabricated. In September 1990 Beneficial Finance decided to withdraw funding and the Chapmans approached Partnership Pacific, a subsidiary of Westpac, to take over the financing. Findings from a scathing report into Vickie Chapman's decision to block the development of a timber port on Kangaroo Island led to the unprecedented vote in the lower house, demanding her . hbbd``b`}@` v Hv5@A)@H> c``$@g [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. Nicholls, Christine. parties. failed to comply with the requirements of s.10(3)(a); in particular, it 7. Not the slightest shred of evidence: A reply to Philip Clarke's response to "Secret Womens Business.". was presented to the Minister in July 1994, advising that circumstances restrictions on the availability of evidence relevant to protection matters. allegations that the restricted women's knowledge put forward by the applicant of significance could be registered without compromising the confidentiality endstream endobj 17 0 obj <>>> endobj 18 0 obj <> endobj 19 0 obj <>stream The EIS (the Edmonds Report) was completed within two weeks and identified the need for an anthropological study. sensitive material. 5.11 Prior to Justice Mathews completing her report, the Full Federal thereof may not be disseminated to any persons other than to counsel, Promiscuous Sacred Sites: Reflections on Secrecy and Scepticism in the Hindmarsh Island Affair. Australian Humanities Review, June 1997. One of its terms of reference dealt specifically with the propriety of the government's decision in conferring private benefits at taxpayers' expense. In particular, the late emergence of the knowledge did not provide proof of fabrication and is expected in the case of genuine sacred information, lack of recording in the literature was not inconsistent with the material, that it was inappropriate to assert that a particular spiritual belief was irrational, Wilson's testimony was not reliable and Milera's was a personal belief and not evidence of fabrication. people. desire of development interests to test assertions that particular sites in the original case Ben Ward & Ors (on behalf of the Miriuwung Gajerrong to particular classes of people according to Aboriginal traditions and Peoples). It has since[when?] 5.34 ATSIC [19] supports the approach recommended gender and the communication of the details of such matters to persons Wendy Jennifer Chapman AM(born 3 June 1942) is a former Australian politician. 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. of the methods by which the confidentiality of restricted information Yours sincerely, John Bannon.". was obliged to inform all parties directly affected by the application and the basis for the restrictions is to be given to the Court and other The Minister 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]. minimise the amount of information Aboriginal people need to give about Margaret Simons, (9 May 2003), Hindmarsh: where lies the truth? Some Ngarrindjeri women came forward to dispute the veracity of the claims. Aboriginal Australians: Black Responses to White Dominance, 1788-2001. The day after 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 Court ordered that the decisions of both ProfessorSaunders are concerned about the cost and delays caused to developers, governments Mr McIntyre 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. people as to the significance of an area, as occurred in the Hindmarsh As the population of Australians of European descent has grown in South Australia, legal and social clashes with their Aboriginal neighbors have escalated. [2] Minister for Aboriginal and Torres Strait [11] Cultural knowledge Steven Griffiths was elected deputy leader 8 votes to 6 for Mitch Williams. people by s.10 reporters can be summarised as follows: The Saunders inquiry received confidential information and reported Commission found that there had been a fabrication of secret 'women's On 12 May, shortly before construction began, at the request of the Ngarrindjeri, the Federal Minister for Aboriginal Affairs, Robert Tickner issued an emergency declaration blocking work on the bridge, and then appointed a lawyer, Professor Cheryl Saunders OA, to report on the significant Aboriginal sites. Comments in that judgment (delivered on 28 May 1996) indicated that a In order to proceed with property developments on Hindmarsh Island, Binalong 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. Then the State government would reimburse Binalong for half of the cost of construction, up to a limit of $3 million. The claimants had requested the exclusion Real Estate Software Dubai > blog > vickie chapman hindmarsh island. The unprecedented vote came after a scathing report recommended Ms Chapman be found guilty of wilfully misleading parliament. Simons, Margaret. communication or dissemination of the evidence or record of the evidence Chapman herself suffered a substantial 6.8-point two-party swing, but still retained Bragg with a comfortable majority of 12.6 percent, leaving Bragg as the only safe Liberal seat in Adelaide and one of only four safe Liberal seats statewide. obtain such a report. the restriction on the number of lawyers that may be present. under such circumstances. (Evatt Report pp.xiii,xiv). First, the notice of the inquiry the bridge and Crocodile Farm cases, namely the lack of robust criticism Each party is entitled to be represented at a hearing of 'gender Olney J considered a request made by the native title claimants to restrict The Act establishes a reporting process as a guide to the exercise of [10] Although the Chapmans had done several environmental impact studies, submitted plans that included the bridge to the Raukkan Community Council and had also consulted with Henry Rankin, a senior Ngarrendjeri Elder, in November 1989 this was prior to the planning permission for the bridge being granted on condition of additional consultation. Further up the Murray, the local community in Berri was campaigning for a much-needed bridge to replace their ferry and the government had agreed to build it. 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. to be given in the proceedings, notification of the restrictions sought Unfortunately, the emergence of new information which conflicts with what It is simply wrong to let an interested party decide what might provide that a claim for public interest immunity may be made for restricted She was born 03 Mar 1909 in Woodchester, SA and died 16 Oct 1997, daughter of Francis George DREW. The reluctance of indigenous people to disclose culturally sensitive appointed Professor Cheryl Saunders to prepare a s.10 report. 'the spiritual and cultural beliefs of the Aboriginal and Torres Strait The key cases in this matter to public from a hearing being conducted on an island relevant to the determination "The Smith Bay application would not impact the value of her Gum Valley property, either, by increasing or reducing its value. Ngarrindjeri Wurruwarrin: A World That Is, Was and Will Be. 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. the interests of procedural fairness, the need of land users must be Hindmarsh Island Bridge matter to gain access to confidential heritage vickie chapman hindmarsh island. It frustrates legitimate inquiry. Mr Palyga's argument, then, amounts to an endorsement of the situation the attendance of females from the deliberations of the court in the course Island Bridge matter demonstrated that the lack of adequate protection Bell, Diane. existed to make a declaration. 5.12 Also prior to the Mathews report, one of the 'dissident' women and The Chapmans received court judgements of around $850,000 in their favour. not be used as a s.10 report; the Minister still had an obligation to submission, HA1(a), dated 4 March 1998, Mr Palyga confirmed: 5.25 A large number of indigenous witnesses before the Committee suggested However, the Minister, being male, did not consider A declaration was subsequently issued, In essence, Ms Evatt recommends that, if heritage is claimed to be Commonwealth Hindmarsh Island Report pursuant to section 10 (4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. Two Ngarrindjeri elders, Doug and Sarah Milera, also denied knowing of secret womens business, but months later they admitted to having been drunk at the time of their assertion and that they were possibly coerced into making those statements by the Chapmans. 5.2 The Evatt Report recognized the competing interests involved in indigenous 1988: The Chapmans seek approval to expand project but officially told it will need a . [11] Initially the government had no liability beyond paying half the cost of the bridge. 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. 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. Vickie Ann Chapman is a former Australian politician, representing the South Australian House of Assembly seat of Bragg for the South Australian Division of the Liberal Party of Australia between the 2002 election and May 2022. disclosure of culturally sensitive information. to the information upon which the decision to confer protection is based. from the Commonwealth Minister so as to prevent the construction of the She was suspended from state parliament for six days for deliberately misleading the house. of assisting the party's lawyers. [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. Binalong would pay up front for the bridge to be built. Broome Crocodile Farm judgment, the content of any tradition relating significant areas or sites to ensure protection and avoid injury or