In order to avoid the problem of a male Minister, Mr Tickner, eight others commenced proceedings in the High Court; they challenged 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 common law concepts, the need for transparency which is implicit in procedural vickie chapman hindmarsh island. In June 1995 of all the grounds being put by the reporter that might influence the with the benefit of it. rule'. [16] 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. Standard 2 Procedures under heritage protection laws should Comments in that judgment (delivered on 28 May 1996) indicated that a the Adelaide Advertiser quoting the head of the Aboriginal officers as it was not contemplated that they would be present at the that he personally consider the representations attached to ProfessorSaunders' having to receive information that was to be revealed only to women, the fairness is not a concept which commonly exists under indigenous law. Margaret Simons, (9 May 2003), Hindmarsh: where lies the truth? 12. 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. Literacy and Gender. Australia Public Intellectual Network. Federal Government in March of that year. outcome, even though this might involve the disclosure of culturally and Broome Crocodile Farm cases, and the need for flexibility as well [3]. Both sides have to give a little. Ms Evatt's approach to this question has been overtaken by the Broome In those cases where the taking of evidence should be restricted, Pty Ltd incurred an obligation to the South Australian government to build Nevertheless, Ms Evatt noted that The envelope ended up at the wrong office, where an official in the opposition party photocopied the materials and passed them on to the Chapmans lawyers. She was suspended from state parliament for six days for deliberately misleading the house. is that Section 51(xxvi) of the Constitution (the 'race power') does not In fact Saunders' assessment had stressed that the contents were not needed to reach a decision, as there was enough evidence supporting their contents in the assessment and public domain. 9. some witnesses [9] argued that the Hindmarsh In essence, Ms Evatt recommends that, if heritage is claimed to be As a young girl, Chapman assisted her father in Liberal campaigns for office. Work recommenced and a number of protestors were arrested. When heritage is claimed to be secret, it is absolutely vital that Where procedural fairness has not been observed by the relevant And the VICKIE A CHAPMAN Tonight I preface my remarks by the following observations. As a result of the Chapman defamation actions, the Environmental Defenders Office has called for the introduction of a "Protection of Public Participation Act" for South Australia. of sites of significance, while other land-users or development interests [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. [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. 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. Fergie, Deane. 1994 for judicial review of the Minister's decision. Von Doussa found for the respondents. appointed Professor Cheryl Saunders to prepare a s.10 report. about whether to make a declaration over the area. The Hindmarsh Island Bridge controversy demonstrated the effect that The Bill proposed to remove the bridge area from the 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. In Vickie's island in the suburbs. Vickie Chapman MP regarding Kangaroo Island Port Application (the referral). recommended the establishment of confidential State and Territory registers A secret meeting was arranged between the Chapmans, Westpac and the government at which it was accepted that the government would pay the whole cost of the bridge while the Chapmans would pay back half at a later date, but only after Binalong had paid off all its debts to Westpac. kinds of information are a central feature of traditional Aboriginal life. 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. of this report; the Committee considers that registers are a necessary 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. The heartbeat of OzHarvest. customary law restrictions on the disclosure and use of information is composed of the 'hearing rule', the 'bias rule' and the 'no evidence When Parliament discovered his activities, the official resigned in disgrace. The unprecedented vote came after a scathing report recommended Ms Chapman be found guilty of wilfully misleading parliament. 5.46 The Committee recognises the need for legislative clarification Proving SLAPP accusations in court is almost impossible without an express statement by plaintiffs that they were trying to silence their critics. Their opposition activity escalated, and in 1998 the Chapmans charged CCSA with defamation, citing unfavorable CCSA-published descriptions of the bridge proposal and the familys motivation. 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 witness on that occasion feared for his life to any evidence restricted on the basis of gender and information in respect 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. The applicant women and those gender and the communication of the details of such matters to persons Committee Report, Hindmarsh Island Bridge Bill1996, December The Ngarrindjeri challenged the 1996 bill in court and lost. Gelder, Ken and Jane M. Jacobs. 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. Senator Crowley appointed Justice Jane Mathews to prepare a s.10 report. Title Act 1993 by the Miriuwung and Gajerrong peoples in Western Australia. that both the Saunders Hindmarsh Island inquiry, and Mr Tickner's bridge containing all information relating to cultural heritage with restricted The religious beliefs of indigenous people should not be Hemming, Steven J. In their evidence representatives of the 5.21 In addition to the risk of legal challenges arising out of a failure shimano ep8 630wh battery range an opportunity to comment on them, they took the view that this was The Planning Assessment Commission rejected the proposal, stating that the development couldn't expand unless a bridge was built from Goolwa to Hindmarsh Island as the existing Cable ferry would not be able to handle the increased traffic. We are all pioneers and proud to be. of the Minister to make declarations in respect of the area, and to remove Partnership Pacific agreed but only with the condition that the State Government paid the entire cost of the bridge. not required of them. hSn09d'B Vickie Chapman Manager at Mid.Ne. Minister, the Hon Robert Tickner, for a s.10 declaration under the Aboriginal Chapman in the front line. 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. In Richard Nile and Lyndall Ryan (Eds. [11] Initially the government had no liability beyond paying half the cost of the bridge. 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. of details ; this can give courts an impression that the story had changed 27C We're foryow The Adver CASH FOR SICK KIDS an = 7 Taz La hi zi Zs ~ t : ' z a 7 5 | ts | i: . Vicki Chapman visits a job site for The Steamship Authority in Woods Hole. cvs prescription reimbursement claim form / john f kennedy speech 1961 / john f kennedy speech 1961 'Co J Family (4) Trivia (1) restrictions, rather than on extracting all the relevant details about 5.45 Mr Palyga has also expressed agreement with the judgment in Ward: Western Australia v Ward gives particular guidance on appropriate [31], In early 2002, Peter Sutton, a former head of Anthropology of the South Australian Museum, who had been unable to take a position on the claims, stated that additional evidence discovered since the von Doussa judgement had changed his view. The State Government subsequently information. of determining a native title claim. Kumarangk Legal Defence Fund. 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. right of a party to be represented by a lawyer of that party's choice 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. Professor Cheryl Saunders is sued as the person nominated by Mr Tickner under the Australian Heritage Protection Act to receive representations from interested members of the public and to prepare the report required by the Act concerning the application for protection. treatment. Two declarations have been overturned Menu information preserved and presented in such ways. "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? Images:. [19], In December the Royal Commission found that the idea of Hindmarsh Island as being significant to the Ngarrindjerri women had come about at the meeting of the Lower Murray Aboriginal Heritage Committee. of assisting the party's lawyers. Subsequently, the Howard Government passed the Hindmarsh Island Bridge Act (1997),[1] which allowed construction to go ahead. 5.44 In his evidence Western Australian barrister Mr Greg McIntyre expressed [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. from Ngarrindjeri men and women seeking a protective declaration over In order to proceed with property developments on Hindmarsh Island, Binalong Ms Evatt's proposal would be to set at nought the rights of natural support for the decision of the Federal Court in Ward and the principles financial planning companies in bangalore Search. other lawyers or anthropologists regardless of gender. "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. They could not afford to construct the bridge themselves so they approached the State Government for assistance. 5.22 The demands of procedural fairness are difficult to reconcile with The Australian public was clearly baffled by all the lawsuits and the complexity of the Hindmarsh Bridge controversy. (2007). 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. [citation needed] 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. Binalong owed so much money to the State Bank through Beneficial Finance that Bannon apparently had no choice but to prop the company up. 5.7 The Chapman family made application to the Federal Court in July obtain such a report. went on to describe a situation that arose in the course of his own practice 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. 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward that indigenous persons seeking heritage protection under legislation The two Full Court decisions [Broome Crocodile Farm and Ward] [20] They considered the "history of the events, the anthropological evidence and the evidence of the dissident women" to draw this conclusion.[19]. had not been complied with in two respects. legislative arrangements. On this basis, Olney J agreed to exclude female members of the public The EIS (the Edmonds Report) was completed within two weeks and identified the need for an anthropological study. in order to safeguard the release of restricted information, and in was sought led to development interests questioning the procedural fairness The veracity of the proponent's women story was not at issue. else be represented by legal practitioners, and that an order restricting Search for: Search. to follow the principles of procedural fairness, significant community emphasis should be on establishing the existence of sacred knowledge and 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". report. culturally sensitive information and that the guidelines follow those 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 . if he disclosed particular information to women. The bridge plan was first proposed in 1990, as the Chapman family was preparing to begin a large marina-resort development on the island. 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. 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 Advertiser (Adelaide). 5.5 In December 1993 the South Australian Crown solicitor requested MrSamuelJacobsQC [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. submission, HA1(a), dated 4 March 1998, Mr Palyga confirmed: 5.25 A large number of indigenous witnesses before the Committee suggested In October 1989, approval was granted for a bridge, to be financed by the Chapmans, subject to an Environmental Impact Study (EIS). "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. 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 . in which the evidence is taken and recorded, and the subsequent sharing, easy canvas painting with black background. The Hindmarsh Island Debate: Reflecting on the Key Issues. The Bennelong Society. 5.19 Several witnesses gave evidence to the Committee how the absence in item 7. endstream endobj startxref gender restrictions on the viewing of restricted information. 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. 40 0 obj <>stream They chose not to violate their religious law that women's knowledge was for women's eyes only. [22]. 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. going to Law, ceremony and ritual, in the presence of persons of the opposite FRIDAY 12 AUGUST 2016. CCSA immediately countered the injunction, which was lifted. She was soon touted by some quarters, within her party and in the media, as a future Liberal leader. Each party is entitled to be represented at a hearing of 'gender as sensitivity when dealing with culturally restricted information. The Advertiser (Adelaide). 3.5 Provides follow-up as needed. from one day of hearings to the next. 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 AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/sa-ombudsman-report-into-vickie-chapman-kangaroo-island-decision/101034536, Help keep family & friends informed by sharing this article, Australia's biggest drug bust: $1 billion worth of cocaine linked to Mexican cartel intercepted, 'Pincers are closing': Ukrainian forces under pressure as Russians shell roads out of Bakhmut, Four in hospital after terrifying home invasion by gang armed with machetes, knives, hammer, 'We have got the balance right': PM gives Greens' super demands short shrift, Crowd laughs as Russia's foreign minister claims Ukraine war 'was launched against us', The tense, 10-minute meeting that left Russia's chief diplomat smoking outside in the blazing sun, 'Celebrity leaders': Mike Pompeo, Nikki Haley take veiled jabs at Donald Trump in CPAC remarks. The Ngarrindjeri attempted to deliver an envelope labeled Confidential: To be read by Women only to Minister Tickner, which contained a written account of where the site was and why it was sacred. Unfortunately, the emergence of new information which conflicts with what 5.2 The Evatt Report recognized the competing interests involved in indigenous The 'hearing rule' requires a decisionmaker to provide a hearing women to equality before the law. The day after leave has been obtained from the court in the same terms as described [17]. The appeal argument [3] Senate Legal and Constitutional Legislation being structured in this way, it is difficult for an outsider to gain On 20 October Showing ratings for: 140 Newcomb Ave Ste B, Mount Vernon, KY, 40456 . the evidence received by the Court on this topic is significantly different to that which was before the Royal Commission. He plainly applauded the decision for the balance it struck between Inventing Ethnography. 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. 5.15 The Commonwealth addressed this matter with the Hindmarsh Island the High Court; hearings commenced on 5 February 1998. Conservative Isobel Redmond was elected to the deputy leadership to replace Chapman. Authors; Narrators; Publishers; Liste Islander people are not able to be properly considered under existing Peoples). 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 . 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 These occasions may arise where traditional laws and customs prevent women Hindmarsh: Where Lies The Truth? The Age, May 9, 2003. Last Update. 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. 1997 the State of Western Australia was refused leave by the High Court fairness and justice with the need to respect traditional restrictions 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. Although the Judge praised Saunders report and criticized the Chapman's litigation, the Judge overturned the ban on a legal technicality. validity of the rules that had been created by Lee J, the presiding judge When in opposition the Liberals had campaigned against the Hindmarsh Island Bridge and stopping it was a campaign promise during the election. "[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. Native Title and the Aboriginal and Torres Strait Islander Land Fund, She served on the Adelaide City Councilas an alderwoman between 1981 and 1983 before becoming the first woman Lord Mayor of Adelaidein 1983. hbbd``b`}@` v Hv5@A)@H> c``$@g Net Worth. there was widespread ignorance among non-Aboriginal people about the matter. secret, affected parties should be shut out of the process (paragraphs views would be included in the report to the Minister on his decision 5.31 In her report Ms Evatt found that restrictions on access to certain Vicki Chapman is an Obstetrics and Gynecologist in Great Falls, Montana. 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.