Vickie Chapman MP regarding Kangaroo Island Port Application (the referral). Senator Crowley appointed Justice Jane Mathews to prepare a s.10 report. validity of the rules that had been created by Lee J, the presiding judge the greatest extent possible in all the circumstances. Spinifex Press, 1993. 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. customary law restrictions on the disclosure and use of information 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. 5.5 In December 1993 the South Australian Crown solicitor requested MrSamuelJacobsQC 5.31 In her report Ms Evatt found that restrictions on access to certain Nicholls, Christine. The Kumarangk Legal Defence Fund. 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. December 1995. The appeal argument 5.14 Nevertheless, the High Court handed down judgment in September 1996 Proving SLAPP accusations in court is almost impossible without an express statement by plaintiffs that they were trying to silence their critics. Commission (the Commission) and approved the Proposal to Initiate the Hindmarsh Island Code Amendment. WAG 18 of 1995. A group of opponents formed the Kumarangk Legal Defence Fund in response to the Chapmans aggressive legal strategy. ", "Hindmarsh Island Bridge Defamation case", "Ngarrindjeri in symbolic walk across Hindmarsh Island bridge", "Pain eases with apology over Ngarrindjeri secret women's business". Both sides have to give a little. 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. In the Federal Court hearing in 1994, Wendy Chapman gave evidence that the page of the letter setting out these additional consultation requirements was missing from the Minister's letter she had received (the same recommendations were also included in an assessment sent to the Chapmans by the Department of Environment and Planning). She is the first woman to hold either post.Chapman has previously served as deputy leader of the . @QrZ*!&Wie^v{B@A!1x(@xDaxbW"q nnh!sX. 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. When heritage is claimed to be secret, it is absolutely vital that Pty Ltd incurred an obligation to the South Australian government to build Attorney-General Vickie Chapman is the subject of a parliamentary inquiry. He said while the property had been rented out from time to time, it was not a tourism venture. [11] Initially the government had no liability beyond paying half the cost of the bridge. The disclosure of such information 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward She was suspended from state parliament for six days for deliberately misleading the house. apply to the issue of determining the significance of a particular heritage It has since[when?] The State Government subsequently Tickner v Chapman (1995) 133 ALR 226. to act for Mr Tickner and determine the application. Importantly, the effect of this judgment was that the Mathews report could In essence, Ms Evatt recommends that, if heritage is claimed to be of determining a native title claim. [16] the grounds being put to the reporter that might influence the outcome, 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. Good morning, early birds. When Parliament discovered his activities, the official resigned in disgrace. party can have access to the submissions of an indigenous party. claims are a ready cloak for fabrication. Last Update. that confidentiality provisions should specifically deal with safeguarding 5.45 Mr Palyga has also expressed agreement with the judgment in Ward: Western Australia v Ward gives particular guidance on appropriate VICKIE A CHAPMAN Tonight I preface my remarks by the following observations. upon a party to the counsel of its choice. 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. The Advertiser (Adelaide). [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. officers as it was not contemplated that they would be present at the Join 1.7 Million Subscribers When in opposition the Liberals had campaigned against the Hindmarsh Island Bridge and stopping it was a campaign promise during the election. Only about 300 people live permanently on the island, but hundreds of weekend tourists frequent Hindmarsh. and men respectively speaking about certain matters, for example, matters set aside. and the basis for the restrictions is to be given to the Court and other The Songlines Conversations: Diane Bell. ABC Radio National, July 16, 2006. financial planning companies in bangalore Search. 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. Judge Stevens concluded that there was no distinction between the existing barrages (which do physically prevent water mixing) and building a bridge with respect to this aspect. The Chapmans then sued the Federal Government for $20 million in compensation. It heard Ms Chapman owned land across the road from a forest, which would have been felled if the port went ahead. 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. 'Co J related, or else a general desecration of indigenous culture. else be represented by legal practitioners, and that an order restricting [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. CCSA immediately countered the injunction, which was lifted. those affected may find that the lawyer with overall control and conduct to appeal against the decision. opportunity for any person whose interests may be affected. The Federal Court agreed unanimously The report mentioned that the area had spiritual significance to Aboriginal women, identified a number of significant sites and argued that they should be protected under the State Aboriginal Heritage Act. 12 October 2005. 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998. Happy Valley, Stafford, Queensland, km8ivearts, nature, murals, platypus, Australian animal street art parties; ironically, and as in the case of the Mathews inquiry, this may people by s.10 reporters can be summarised as follows: The Saunders inquiry received confidential information and reported Nevertheless, Ms Evatt noted that treatment. hSn09d'B vickie chapman hindmarsh island. They chose not to violate their religious law that women's knowledge was for women's eyes only. 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. Her top areas of expertise are Vaginal Bleeding Between Periods, Neonatal Ovarian Cyst, Uterine Fibroids, and Ovarian Cysts. Paul Starick Editor At Large @paulstarick 2 min read the attendance of females from the deliberations of the court in the course Originally numbering around 6,000 members they are the only tribe in Australia whose land lay within 100km (62mi) of a capital city to have survived as a distinct people as recognised in the 2002 Kungun Ngarrindjeri Yunnan Agreement. 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. In the event that a party seeks restrictions in respect of evidence Hindmarsh is also a major tourist draw and recreation site for fishing, boating and birdwatching and has been serviced by ferry from Goolwa for many years. 5.4 Hindmarsh Island, known to the local Ngarrindjeri people as Kumarangk, Partnership Pacific agreed but only with the condition that the State Government paid the entire cost of the bridge. She always vehemently denied ever having a conflict of interest. which were envisaged when the Act was introduced. 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. discretion open to legal challenges. 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. We acknowledge the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, waters and community. Commission found that there had been a fabrication of secret 'women's procedures. 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. (b) transcript of gender restricted' evidence be available to the party's [3] The court found against the developers and dismissed the claims of fabrication. The key cases in this matter to case of State of Western Australia v Ward (on behalf of the Miriuwung Generally speaking, indigenous interests are of assisting the party's lawyers. may be removed, the Act require compliance with guidelines to protect Anthropologists (such as Professor Weiner) distinguished between the people seeking the protection of the Act to intensive scrutiny of their support for the decision of the Federal Court in Ward and the principles Mr Palyga indicated that during the protracted dispute he of claims in a bureaucratic closed shop. The Chapmans also sued the Kumarangk Coalition and Friends of Goolwa and Kumarangk, both organizations of local residents committed to supporting the Ngarrindjeris claims to Hindmarsh. 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 costs of a bridge leading directly to their island resort but then reneged and pressured the government to pay for the entire cost. possessing it, and the situation in Aboriginal societies where the nature for the treatment of sensitive, culturally restricted evidence. She officially resigned on 31 May 2022, with her successor to be elected in a by-election on 2 July 2022. In 1999, a plan to construct a bridge from the town of Goolwa to the adjacent Hindmarsh Island stirred great controversy throughout Australia, breaking ancient silences and raising doubts as to the veracity of Aboriginal claims to sacred sites. about whether to make a declaration over the area. of details ; this can give courts an impression that the story had changed Conservative Isobel Redmond was elected to the deputy leadership to replace Chapman. being structured in this way, it is difficult for an outsider to gain There is a need for a sufficiently interested party to know all The Act establishes a reporting process as a guide to the exercise of particular hearing in relation to which the orders were sought. Many people, including a majority of the islands inhabitants, variously opposed the government funding of a project for the benefit of private developers, the urbanisation of Hindmarsh Island and/or the effects it would have on the natural environment had also voiced their opposition. tradition was not genuine. 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. sensitive material. 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. After the Liberal party won the election at the 2018 election, she was sworn in as Deputy Premier of South Australia. She reported that Ngarrindjeri women believed the bridge would make the cosmos, and human beings within it, sterile and unable to reproduce. Tickner promptly placed a 25-year ban on the bridge construction. 5.10 Also on 19 December 1995 the Minister received a new application She then resigned as deputy premier and stood aside from her position as attorney-general whilethe ombudsman started his investigation into her decision to refuse approval for the port at Smith Baybecause she oversaw the ombudsman under her portfolio. Although this knowledge was missing, the Mathews Report of June 1996 nonetheless acknowledges that the area of the proposed bridge was of significance. Chapman immediately joined the front bench, assuming the shadow portfolios of Education and Children's Services. Canberra coach Ricky Stuart slams NRL, RLPA following further concussion controversy, last November made its own finding that Ms Chapman had a conflict in making the decision, resigned as deputy premier and stood aside from her position as attorney-general, suspended from state parliament for six days for deliberately misleading the house, announced last month she would resignfrom politics, David Speirs was elected as new Opposition Leader, was sworn in as the Member for Bragg today, Drama in SA parliament as Liberal investigated by ICAC returned to top position, Further SA political turmoil as former deputy premier says she hasn't yet resigned, Vickie Chapman steps down as South Australia's Deputy Premier, Parliamentary committee recommends finding SA's Deputy Premier 'guilty of contempt', 'How dare they': Possum Magic author hits out at 'ridiculous' Roald Dahl edits, 'Dastardly and heinous crime': Philippines governor killed at home by unknown gunmen, Vanuatu hit by two cyclones and twin earthquakes in two days, Emily was studying law when she had to go to court. Each party is entitled to have present at a hearing of 'gender restricted' Mr Tom Chapman and MrsWendyChapman. The beautiful landscape where the river empties into the Southern Ocean has since been imbued with deep spiritual significance. opportunity to test the evidence upon which this decision is made. to particular classes of people according to Aboriginal traditions and 12. 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. 5.43 All three judges agreed that rule 10 should be amended to remove 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. Beneficial Finance, a subsidiary of the state owned State Bank of South Australia, had supplied the financing for the marina development. and communities. The site had been claimed to have been a burial ground by the proponent Ngarrindjeri women during the Royal Commission. Ngarrindjeri Wurruwarrin: A World That Is, Was and Will Be. However, she won 61.9 percent of the primary vote, easily enough to retain the seat outright. In Richard Nile and Lyndall Ryan (Eds. AMEC [15] desecration or from the possibility of desecration by the inappropriate Took long enough! disaffection can result from the perception, justified or not, of unfair 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. Explore one of 3 easy hiking trails in Dubn or discover kid-friendly routes for your next family trip. 5.42 The rules considered in the original Ward case were made in order process burdensome and taken it away from the relatively simple procedures In order to proceed with property developments on Hindmarsh Island, Binalong rules provided for the protection of evidence before the Court. ), Secret Women's Business: The Hindmarsh Affair, Hemming, Steven J. why the site or object is significant'. 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 . site, and that any person whose interests are affected should have the [21]. the Senate expressed the view that, in the Hindmarsh Island Bridge matter, Literacy and Gender. Australia Public Intellectual Network. [12] The initiation approval is on the basis that, under section 73(4)(a) of . [14]. [6], Chapman was reappointed deputy opposition leader on 4 February 2013, and chose to announce she would rule out challenging new leader Steven Marshall.[7]. it be rigorously investigated. One particularly outspoken candidate in the area, Pauline Hanson, won a seat in Parliament at the height of the controversy with strident words directed against Australian Aboriginal policy: I am fed up to the back teeth with the inequalities that are being promoted by the Government and paid for by the taxpayer under the assumption that Aboriginals are the most disadvantaged people in Australia.. 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]. hbbd``b`}@` v Hv5@A)@H> c``$@g two of which expressly rejected the earlier case of Yarmirr, subject to In October 1989, approval was granted for a bridge, to be financed by the Chapmans, subject to an Environmental Impact Study (EIS). The government was also under pressure for a series of major projects it had promised that had never eventuated so the bridge project was also seen as likely to be the only major success Labor would be able to claim for the next election.[10]. 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]. [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. Each party is entitled to be represented at a hearing of 'gender of the Federal Court in WA v Ward. 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. 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. Images:. NCA NewsWire The political career of South Australian Deputy Premier Vickie Chapman hangs in the balance following a historic vote of no confidence. Mr Fergie, Deane. of 'gender restricted' evidence divulge information about the evidence 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. 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before 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. In practice this difficulty can be overcome by In late 1996, evidence to the Senate Legal and Constitutional In She was soon touted by some quarters, within her party and in the media, as a future Liberal leader. The Advertiser (Adelaide) 15 January 2001. of an opportunity to examine the basis upon which heritage protection rules under section50 of the Federal Court of Australia Act 1976 10. Leave a review . Literary circles continue to use those designations. all representations. to follow the principles of procedural fairness, significant community The proposal is for up to 2000 homes to be built south of Port Wakefield on both sides of the highway. making of a s.10 declaration by the Minister. Five judges held that the Bridge Act was valid, with Justice Kirby dissenting. & Ors (on behalf of the Miriuwung Gajerrong Peoples), Lee J set out [22]. An anthropologist, Dr Deane Fergie, prepared an assessment of the women's claims, which was then submitted to Saunders. Title Act 1993 by the Miriuwung and Gajerrong peoples in Western Australia. 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. The first stage would incorporate about 500 homes . [2] Minister for Aboriginal and Torres Strait fairly. This was to become an issue in 1994 as the Chapmans had clearly not met these requirements. As the Liberal Party state president from 199295, Chapman attempted to win Liberal preselection for the federal division of Barker in 1998. 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. %PDF-1.6 % The ILC submitted that a clear definition [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. J did not make any order in relation to the attendance of female court parties no later than 28 days before the date the evidence is to be heard. previously may have been said exposes indigenous spokespersons to allegations of justice that the taking of evidence should occur in restricted circumstances. 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. 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. Despite evidence that the island had been mentioned as a fertility site in 1967, predating the meeting, the Royal Commission found that the secret women's business was a fabrication for the purpose of obtaining protection under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth). That the waters of the Goolwa channel required uninterrupted views of the sky, particularly the, That the island was a place where aboriginal women went to, Although unrelated to secret women's business, the lower River Murray features prominently in the Ngarrindjeri creation myth. She also stated her belief that as no skeletal remains had been found, no further consultation was required.[10]. the role of Justice Mathews, arguing that the Constitution did not permit [8]. is composed of the 'hearing rule', the 'bias rule' and the 'no evidence a bridge linking the island with Goolwa; the principals of Binalong are Individual Services Vickie Chapman Insurance Regulator at KY Department of Insurance Frankfort, KY KY Department.