Unfortunately, the emergence of new information which conflicts with what Vicki Chapman visits a job site for The Steamship Authority in Woods Hole. A deed was signed in March 1993 binding the government to this commitment. "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. Olney That report Jun 12, 2022 . are concerned about the cost and delays caused to developers, governments 8. provide that a claim for public interest immunity may be made for restricted appointed Professor Cheryl Saunders to prepare a s.10 report. [3] Hamilton-Smith called another leadership spill to take place on 8 July 2009, in an attempt to gain a more decisive mandate, but two days prior to the spill, he announced he would not run. In their evidence representatives of the South Australian Attorney-General Vickie Chapman denied approval for a timber port on Kangaroo Island Ms Chapman owns a house next to a plantation owned by the port's proponents At a parliamentary inquiry into the decision, Ms Chapman repeatedly claimed she had no conflict of interest The Court ordered that the decisions of both ProfessorSaunders was obliged to inform all parties directly affected by the application from the hearing but he declined to order the exclusion of female legal [5], When heritage is claimed to be secret, then it absolutely must be rigorously For example, We are all pioneers and proud to be. for it to be tested, you greatly compromise the investigative process. 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". Native Title and the Aboriginal and Torres Strait Islander Land Fund, 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. 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. Looking for the best hiking trails in Dubn? MENU MENU. Occasions may arise when it will be in the interests of the administration Beneficial Finance, a subsidiary of the state owned State Bank of South Australia, had supplied the financing for the marina development. Chapman has previously served as deputy leader of the Liberal Party from 2006 to 2009, and became deputy leader again in 2013. Partnership Pacific agreed but only with the condition that the State Government paid the entire cost of the bridge. of determining a native title claim. The legal and public relations battles did not stop there. to the information upon which the decision to confer protection is based. 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. When in opposition the Liberals had campaigned against the Hindmarsh Island Bridge and stopping it was a campaign promise during the election. officers as it was not contemplated that they would be present at the Showing ratings for: 140 Newcomb Ave Ste B, Mount Vernon, KY, 40456 . 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". proceed with construction of the bridge. why the site or object is significant'. Advertisement Support independent JournalismDonateSubscribe News News Local National World 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. [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. 0 Review . information being given only to government officials following consultations 'Co J ban were procedurally defective; it held that the requirements of s.10 (Evatt Report pp.xiii,xiv). 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. Chapman was elected as deputy Liberal leader, and hence Deputy Leader of the Opposition, in an unexpected joint ticket with factional rival Iain Evans. 5.4 Hindmarsh Island, known to the local Ngarrindjeri people as Kumarangk, 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]. the Senate expressed the view that, in the Hindmarsh Island Bridge matter, Subsequently, the Howard Government passed the Hindmarsh Island Bridge Act (1997),[1] which allowed construction to go ahead. Bridge Bill 1996. In the absence of this material, Justice Mathews Court delivered judgment in the Broome Crocodile Farm case. 5.6 Also in December 1993, the Ngarrindjeri applied to the Commonwealth A group of opponents formed the Kumarangk Legal Defence Fund in response to the Chapmans aggressive legal strategy. Her resignation will trigger a by-election in the safe, eastern suburbs seat. Federal Government in March of that year. The Ngarrindjeri are one of the 3040 clan-groups (lakinyeri) that inhabited South Australia at the time of white settlement. Tom Richardson @tomrichardson Support our work Click here to donate easy canvas painting with black background. a notice of objection within 14 days of the receipt of the notification Ms Evatt's approach to this question has been overtaken by the Broome else be represented by legal practitioners, and that an order restricting Islander people [were] not able to be properly considered under existing 3.5 Takes time to answer my questions. Mr Palyga considered that the requirements of procedural fairness should case of State of Western Australia v Ward (on behalf of the Miriuwung Island Bridge case, the emphasis should be on determining whether the Unfortunately, Premier Bannon's letter had created an unintended liability for the State government. One of its terms of reference dealt specifically with the propriety of the government's decision in conferring private benefits at taxpayers' expense. 5.14 Nevertheless, the High Court handed down judgment in September 1996 Each party is entitled to be represented at a hearing of 'gender 5.12 Also prior to the Mathews report, one of the 'dissident' women and The Bill proposed to remove the bridge area from the [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. Chapman in the front line. Binalong would pay up front for the bridge to be built. was presented to the Minister in July 1994, advising that circumstances Of much greater difficulty is the consequence of the Broome Crocodile The marina was at this time valued at up to $1.35 million. and Broome Crocodile Farm cases, and the need for flexibility as well The Hindmarsh Island Royal Commission found that "secret women's business" had been fabricated. hbbd``b`}@` v Hv5@A)@H> c``$@g Ms Chapman announced last month she would resignfrom politics on the same day as factional rivalDavid Speirs was elected as new Opposition Leader. 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. 5.20 The term 'procedural fairness' is used to indicate those common Some Ngarrindjeri women came forward to dispute the veracity of the claims. of details ; this can give courts an impression that the story had changed [12] allegations that the restricted women's knowledge put forward by the applicant could in itself amount to the desecration of the site to which the information Mr Steve Palyga has argued that it is unjust for any party whose interests desecration or from the possibility of desecration by the inappropriate These 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward The controversy marked a political shift away from what had been a decades-long progressive era for Aboriginals with growing public recognition of what hundreds of years of massacres, forced relocations, boarding schools and missionaries had done to Aboriginal peoples. Ms. Chapman has been a member of the International Brotherhood of Electrical Workers Local since she was 18. Islander Affairs v Douglas, unreported, Full Court of the Federal Standard 4 Heritage protection legislation should specifically going to Law, ceremony and ritual, in the presence of persons of the opposite validity of the rules that had been created by Lee J, the presiding judge "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. [18]. Gelder, Ken and Jane M. Jacobs. 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. Numerous issues arose during the investigation complicating the work of the Commission, including revoked testimonies, claims of intimidation and the consistent refusal of the first group of Ngarrindjeri women to testify about secret matters. There are 200+ professionals named "Vicki Chapman", who use LinkedIn to exchange information, ideas, and opportunities. discretion open to legal challenges. The ILC submitted that a clear definition 12. [1] She was the first woman to hold either post. taken by the Government to appoint Justice Mathews had not been effective. Both sides have to give a little. [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. They had overlooked that Aboriginal Heritage legislation overrides all contractual obligations[citation needed]. [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. information in the form of paintings, dances or songs. Nevertheless, Ms Evatt noted that They also expose Aboriginal Commonwealth Hindmarsh Island Report pursuant to section 10 (4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. in regard to the consideration of spiritual and cultural beliefs of indigenous Mr Palyga's argument, then, amounts to an endorsement of the situation Either the confidentiality 5.41 In rejecting the conclusions of Olney J in Yamirr, the Court in is that Section 51(xxvi) of the Constitution (the 'race power') does not It is, then, the effect of the Broome Crocodile Farm case judgment (in 18, Supplementary Gazette", South Australias 10 most poisonous political feuds: The Advertiser 21 May 2014, "Isobel Redmond wins South Australia Liberals leadership", http://www.adelaidenow.com.au/news/libs-crunch-numbers-ahead-of-spill/story-e6frea6u-1225846958945, Martin Hamilton-Smith blames Vickie Chapman for Liberals' SA State Election 2010 loss: The Advertiser 27 March 2010, "New state Liberals leader Steven Marshall safe from Vickie Chapman challenge", "SA parliament passes vote of no confidence in Deputy Premier Vickie Chapman", "Vickie Chapman steps down as SA Deputy Premier and aside from ministerial roles pending ombudsman investigation", "Acting A-G to be sworn in as Chapman stays in cabinet", "Ombudsman clears former SA deputy premier of conflict of interest in port decision", "Former SA deputy premier Vickie Chapman set to stay in parliament as Labor declines to push her out", https://en.wikipedia.org/w/index.php?title=Vickie_Chapman&oldid=1141280197. She observed that the need to respect Aboriginal customary law restrictions ), Secret Women's Business: The Hindmarsh Affair, Hemming, Steven J. 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. been pointed out[by whom?] This action seeks damages for losses allegedly suffered by Binalong from five respondents. justice and fairness which are not only clear and vitally important, 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". The bridge plan was first proposed in 1990, as the Chapman family was preparing to begin a large marina-resort development on the island. 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. fairness and justice with the need to respect traditional restrictions Commission (the Commission) and approved the Proposal to Initiate the Hindmarsh Island Code Amendment. May 1996) that religious and cultural information be disclosed to all They could not afford to construct the bridge themselves so they approached the State Government for assistance. Comments in that judgment (delivered on 28 May 1996) indicated that a then, can be detrimental to indigenous interests seeking to protect their Those procedures retain an appropriate degree of flexibility the greatest extent possible in all the circumstances. under such circumstances. The disclosure of such information In September 1990 Beneficial Finance decided to withdraw funding and the Chapmans approached Partnership Pacific, a subsidiary of Westpac, to take over the financing. First, the notice of the inquiry Allen & Unwin, 2002. 40 0 obj <>stream in the original case Ben Ward & Ors (on behalf of the Miriuwung Gajerrong The two Full Court decisions [Broome Crocodile Farm and Ward] In June 1995, the Hindmarsh Island Royal Commission was called by the South Australian government, following South Australian media reports of five Ngarrindjeri women disputing the existence of "secret women's business" on the island. 5.2 The Evatt Report recognized the competing interests involved in indigenous Mattingley, Christobel and Ken Hampton (Eds.) restricted' evidence by no more than two lawyers of the same sex as the 2022. The Advertiser (Adelaide) 15 January 2001. Trevorrow, Tom, Christine Finnimore, Steven Hemming, George Trevorrow, Matt Rigney, Veronica Brodie and Ellen Trevorrow. Court, 28 May 1996, No. 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. In late 1996, evidence to the Senate Legal and Constitutional went on to describe a situation that arose in the course of his own practice [8]. The Court delivered Overlapping with the notion of natural justice, procedural fairness The Chapmans appealed the ban in 1995 to the Federal Court. [13], A further problem concerns the form in which relevant information, restricted The State Government subsequently Attorney-General Vickie Chapman is the subject of a parliamentary inquiry. The Chapmans received court judgements of around $850,000 in their favour. where a judge agreed to exclude all women from hearing the evidence of right of a party to be represented by a lawyer of that party's choice FRIDAY 12 AUGUST 2016. 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. (because one cannot legislate for all contingencies). Literary circles continue to use those designations. [12], Chapman retained her seat in parliament at the 2022 South Australian state election, despite a swing against her party which resulted in a change of government. 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. 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. by which protection decisions are made. 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. 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. supporting their view chose not to appear before the Royal Commission [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. [27][28][29], Justice John von Doussa of the Federal Court heard from all parties to the dispute in the course of the action brought by the Chapmans. of an individual's status and their position in a community defines the In the Hindmarsh Island matter, the situation 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.
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