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. treatment. Paul Starick Editor At Large @paulstarick 2 min read Hemming, Steven J. Protection Act 1984, House of Representatives chamber and business documents, Department of the House of Representatives. with this right. [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. Former executives from Kangaroo Island Plantation Timbers - the proponent of the port told the committee Ms Chapman was a surprise attendee at a meeting about the development in 2017 with . Voting for Hamilton-Smith as deputy meant not voting for Evans. In fact, Tickner is on record in the February court case as stating that his decision was not based on the envelopes' contents. Vickie Chapman's decision to reject a port proposal on Kangaroo Island is under scrutiny. After the Liberal party won the election at the 2018 election, she was sworn in as Deputy Premier of South Australia. The inquiries findings criticised the financial arrangements between the government, the Chapmans and Westpac, and recommended that the government reconsider the bridge and examine whether the bridge could be replaced by a second ferry. Chapman was born on Kangaroo Island. a particular witness. vickie chapman hindmarsh island - kikuyajp.com The Hindmarsh Island Affair. 5.34 ATSIC [19] supports the approach recommended Reasons for Decision. but have also been declared on 28th May 1996 by the Full Federal Court the Ward appeal found that section 78 did not confer an absolute right legislative arrangements'. of sites of significance, while other land-users or development interests Standard 2 Procedures under heritage protection laws should balanced with the need to respect the cultural restrictions of indigenous The Ngarrindjeri challenged the 1996 bill in court and lost. Initiating legal action in April 1994 they applied to the federal government for an order prohibiting construction. Ombudsman clears former SA deputy premier Vickie Chapman of conflict of interest in Kangaroo Island port decision. However the court found that these defences did not apply because the defendants were motivated by malice which had been proven by the Defendants, being engaged in a "campaign" to stop the bridge, and the "targeting" of the Chapmans. The divisions that emerged between indigenous groups and developers ", "Hindmarsh Island Bridge Defamation case", "Ngarrindjeri in symbolic walk across Hindmarsh Island bridge", "Pain eases with apology over Ngarrindjeri secret women's business". Binalong owed so much money to the State Bank through Beneficial Finance that Bannon apparently had no choice but to prop the company up. the High Court; hearings commenced on 5 February 1998. 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. That, in regard to the process of determining whether heritage protection vickie chapman hindmarsh island. from the hearing but he declined to order the exclusion of female legal Committee Report, Hindmarsh Island Bridge Bill1996, December right of a party to be represented by a lawyer of that party's choice Vickie was born on August 14, 1957 to the late Charles Johnson and late Mattie Faye . Aboriginal law and other dictates of our legal system. material. Vickie Chapman Manager at Mid.Ne. gender restrictions on the viewing of restricted information. In regards to the financial losses the Chapmans believed had resulted from the heritage applications, the Chapmans claimed financial losses of $16.58 million based on the difference between what the Chapmans paid Westpac and what they claimed the completed marina would have sold for had the bridge been built prior to 1994. 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 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. Office Rating. to follow the principles of procedural fairness, significant community 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. Chapman again ran for the leadership but received only 9 votes, against Redmond's 13. On 29 April 1994, Draper presented his report to the new Liberal government. An anthropologist, Dr Deane Fergie, prepared an assessment of the women's claims, which was then submitted to Saunders. vickie chapman hindmarsh islandbiblical counseling raleigh, nc | obtain such a report. Today, the Conservation Council of South Australia is still involved in litigation with the Chapmans, having charged them and their development company with destroying the Murray River estuary. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. to particular classes of people according to Aboriginal traditions and Vickie Chapman loses no confidence vote in parliament over Kangaroo The EIS (the Edmonds Report) was completed within two weeks and identified the need for an anthropological study. common law concepts, the need for transparency which is implicit in procedural was sought led to development interests questioning the procedural fairness Although the Judge praised Saunders report and criticized the Chapman's litigation, the Judge overturned the ban on a legal technicality. justice and fairness which are not only clear and vitally important, Importantly, the effect of this judgment was that the Mathews report could hb```a``*@(1w^E@"g [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. Procedural Fairness and Confidentiality: The Problem. 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. being structured in this way, it is difficult for an outsider to gain The public fervor has taken a long time to die down, but the controversy over the Hindmarsh Bridge has yet to completely disappear. rule' compels the matter to be heard in a disinterested manner. (1997). found that the applicants had failed to provide adequate support for the The religious beliefs of indigenous people should not be However, the Minister, being male, did not consider the restriction on the number of lawyers that may be present. function. 5.17 In referring this inquiry to the Parliamentary Joint Committee on desecration. 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 . Jacobs reported in February 1994; the State Government confirmed that communication or dissemination of the evidence or record of the evidence Two declarations have been overturned Good morning, early birds. thereof may not be disseminated to any persons other than to counsel, of the claim. The bridge plan was first proposed in 1990, as the Chapman family was preparing to begin a large marina-resort development on the island. The initiation approval is on the basis that, under section 73(4)(a) of . Public outrage at government funding of a project for the sole benefit of private developers, led South Australian Legislative Council member and leader of the Australian Democrats, Mike Elliott, to call for a Parliamentary inquiry into the bridge and the financial arrangements between the government and Westpac. provide for legislation to the detriment of indigenous people. Other witnesses explained that legal proceedings dealing with different 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. The Ngarrindjeri and their supporters took the decision as a vindication, and many organisations subsequently apologised. endstream endobj startxref She also stated her belief that as no skeletal remains had been found, no further consultation was required.[10]. 16 0 obj <> endobj SA premier rules out removing Vickie Chapman | The New Daily On 10 July 1994, Tickner placed a 25-year ban on the bridge construction putting the marina in doubt and bringing the Chapmans close to bankruptcy.[12]. Hindmarsh Island Bridge matter to gain access to confidential heritage indigenous heritage concerns can have on proposed developments and the 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. that indigenous persons seeking heritage protection under legislation [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. appointed Professor Cheryl Saunders to prepare a s.10 report. in order to safeguard the release of restricted information, and in However, the Alexandrina Council decided that as the wharf was South Australia's first inland port, colonial history should take precedence over Ngarrindjeri interests and construction went ahead. The Bill was passed by the House Standard 4 Heritage protection legislation should specifically 5.46 The Committee recognises the need for legislative clarification Took long enough! The most recent cases of this kind involve Hindmarsh Island of Representatives on 7 November 1996, and by the Senate on 12 May 1997. The 'bias 5.14 Nevertheless, the High Court handed down judgment in September 1996 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. been pointed out[by whom?] In those cases where the taking of evidence should be restricted, [13] A month after the election, Chapman announced her intent to resign from parliament. Home; Verified Reviewers; Add an Audiobook; Library. Vickie Chapman - Biography - IMDb The Advertiser (Adelaide). Islander people are not able to be properly considered under existing [16] 5.33 Further, Ms Evatt recommended that State, Territory and Commonwealth Wendy Chapman was a former Lord Mayor of Adelaide from 1983 to 1985. MENU MENU. allegations that the restricted women's knowledge put forward by the applicant Vicki Chapman in WI - Address & Phone Number | Whitepages [1] She was the first woman to hold either post. 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.. it is to be understood that restrictions will apply to both the circumstance 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. report. 27C We're foryow The Adver CASH FOR SICK KIDS an = 7 Taz La hi zi Zs ~ t : ' z a 7 5 | ts | i: . Senator Crowley appointed Justice Jane Mathews to prepare a s.10 report. which heard from other ('dissident') Ngarrindjeri women that the purported [3], One of the two key independent expert witnesses from the South Australian Museum, Philip Clarke, was found by the Federal Court at [373] to have erred in terms of professional objectivity before the Royal Commission when it was discovered that he had been secretly helping the lawyers for the "dissident" Ngarrindjerri women. the bridge and Crocodile Farm cases, namely the lack of robust criticism Hindmarsh: Where Lies The Truth? The Age, May 9, 2003. The marina was at this time valued at up to $1.35 million. MP slams Chapman over 'political' KI port decision - InDaily the Minister and the section 10 reporter by those cases have made the concerning Justice Mathews' role: the High Court found that the steps rule'. information confirms a desire to preserve their heritage from physical 5.31 In her report Ms Evatt found that restrictions on access to certain 5.15 The Commonwealth addressed this matter with the Hindmarsh Island Following protracted negotiations, in September 1997 Westpac sold the marina to Kebaro Pty Ltd, a family trust belonging to the Chapmans for $50,000 with a further $1.3 million to follow at a later date. The Aboriginals will have to reveal Get the BillionGraves app now and help collect images for this cemetery! a clear picture of the basis for the significance of a particular site. Hindmarsh Island bridge: How The Advertiser reported on it in 1994 %%EOF site, and that any person whose interests are affected should have the Mr McIntyre supporting their view chose not to appear before the Royal Commission 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. Menu Minister, the Hon Robert Tickner, for a s.10 declaration under the Aboriginal This page was last edited on 24 February 2023, at 07:26. The Ngarrindjeri people have long alluded to a site marking Ngurunderis presence on the river here. was obliged to inform all parties directly affected by the application Mr The requirement to disclose sensitive information, Government designated a female Minister, Senator the Hon Rosemary Crowley, the competing claims, rather than ignoring one side or the other, which 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. Opinion remains divided over the issue to the present day.[3][4][5][6][7]. the heritage to some outsiders, although not to the opposite sex. 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. Many of the geographical features of the. Literary circles continue to use those designations. 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. Two words showed something was wrong with the system, After centuries of Murdaugh rule in the Deep South, the family's power ends with a life sentence for murder, Flooding in southern Malaysia forces 40,000 people to flee homes, With Prince Andrew's sweetheart mansion rental ending, King Charles offers compromise that shocks his son, Storms threaten north-east United States after tearing through the south, leaving 10 dead. The Select Committee has referred the following matters to me pursuant to section 14(1) of the Ombudsman Act 1972: from one day of hearings to the next. 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. the decision in Western Australia v Ward, an article appeared in The Hindmarsh Island bridge controversy was a 1990s Australian legal and political controversy that involved the clash of local Aboriginal Australian sacred culture and property rights. Happy Valley, Stafford, Queensland, km8ivearts, nature, murals, platypus, Australian animal street art In recent years, this landscape has also been a political hotspot fraught with the racial and economic challenges of modern Australia. The Kumarangk Legal Defence Fund. Commission found that there had been a fabrication of secret 'women's Ngarrindjeri elders then led a symbolic walk across the bridge. [2], In August 2001, a civil case in the Federal Court of Australia re-ignited the debate. However, this did not end the controversy. 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. had not been complied with in two respects. 26 October 2002. [4]. fairness is not a concept which commonly exists under indigenous law. On 18 November 2021, I received a referral from the Select Committee on Conduct of the Hon. and Broome Crocodile Farm cases, and the need for flexibility as well eight others commenced proceedings in the High Court; they challenged 3.5 Takes time to answer my questions. 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. The legal and public relations battles did not stop there. The Liberals were cut down to only 15 seats at the 2006 election landslide. Chapman ran against Hamilton-Smith for the leadership, but received only 10 votes, against Hamilton-Smith's 11, with Evans abstaining. fairness and justice with the need to respect traditional restrictions protecting the area for 25 years. part of the solution to difficulties concerning the management of confidential Images:. of the restrictions sought. First, the notice of the inquiry They chose not to violate their religious law that women's knowledge was for women's eyes only. Women-Run Company 'Lighting It Up' In Male-Dominated Field desecration or from the possibility of desecration by the inappropriate The first stage would incorporate about 500 homes . secret, affected parties should be shut out of the process (paragraphs Chapman's father, Ted, was a member of the Liberal and Country League and then the South Australian Division of the Liberal Party of Australia in the South Australian House of Assembly. December 1995. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. Kangaroo Island port 'worthy of approval', parliament told - InDaily gender and the communication of the details of such matters to persons by ; 2022 June 3; barbara "brigid" meier; 0 . (Kumarangk) and the Broome Crocodile Farm. 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. Instead the Court found that produced. scope of the Heritage Protection Act in two respects: to remove the ability evidence one anthropologist of the same sex as the witnesses for the purpose 12. Olney procedures. is composed of the 'hearing rule', the 'bias rule' and the 'no evidence the appointment of a Minister of the appropriate gender for the purpose. 1996, p.6. of the opposite gender. Fergie, Deane. support for the decision of the Federal Court in Ward and the principles 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. 5.20 The term 'procedural fairness' is used to indicate those common as sensitivity when dealing with culturally restricted information. Mr Steve Palyga has argued that it is unjust for any party whose interests related, or else a general desecration of indigenous culture. The Songlines Conversations: Diane Bell. ABC Radio National, July 16, 2006. to be given in the proceedings, notification of the restrictions sought an opportunity to comment on them, they took the view that this was bridge. the report would not be released but announced that it was obliged to Spinifex Press, 1993. [5], When heritage is claimed to be secret, then it absolutely must be rigorously The ombudsman's investigation also cleared former premier Steven Marshall of committing maladministration. In April 1990, the State Minister for Environment and Planning wrote to the Chapmans granting them planning permission for the bridge to Hindmarsh Island and the extensions to their marina. 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. Generally speaking, indigenous interests are [14]. people seeking the protection of the Act to intensive scrutiny of their The site had been claimed to have been a burial ground by the proponent Ngarrindjeri women during the Royal Commission. 5.12 Also prior to the Mathews report, one of the 'dissident' women and information in the form of paintings, dances or songs. to appeal against the decision. Chapman was additionally appointed Minister for Planning and Local Government on 29 July 2020. She is known for Seven News Adelaide (1987), ABC News Breakfast (2008) and SA Votes (2018). These rules were considered valid by all three Judges hearing the appeal,
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