The Ngarrindjeri challenged the 1996 bill in court and lost. "To put that right, Peter Malinauskas must apologise for the conduct of his party and commit to completing training in how to deal with conflicts of interest and Ministerial Code of Conduct compliance, ensuring Labor's mistakes aren't repeated in future.". apply to the issue of determining the significance of a particular heritage Margaret Simons, (9 May 2003), Hindmarsh: where lies the truth? and cultural beliefs are in essence of two kinds, both of which have arisen The State government made a deal with the Chapmans. Chapman was born on Kangaroo Island. endstream endobj 17 0 obj <>>> endobj 18 0 obj <> endobj 19 0 obj <>stream by the Federal Court and other decisions of the Minister have also been 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. (1994). 8. When sitting member Graham Ingerson resigned, Chapman contested preselection against Liberal minister Michael Armitage, who was seeking to move from his marginal seat of Adelaide. Ipswich Queensland,Platypus,Tulmur Place,Nicholas Street Precinct,Lincoln Austin,Kim Ah Sam,Kyra Manktelow,First Nations,Tulmur, Ipswich nature centre According to ATSIC, the differing 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. concerned about the difficulty of ensuring effective long-term protection information in the form of paintings, dances or songs. 5.17 In referring this inquiry to the Parliamentary Joint Committee on is a recipe for dissension. 26 October 2002. a particular witness. Vicki Chapman visits a job site for The Steamship Authority in Woods Hole. ", "Hindmarsh Island Bridge Defamation case", "Ngarrindjeri in symbolic walk across Hindmarsh Island bridge", "Pain eases with apology over Ngarrindjeri secret women's business". from the hearing but he declined to order the exclusion of female legal [22]. rules provided for the protection of evidence before the Court. of confidential information: as the Hindmarsh Island Bridge Royal Commission demonstrates, secrecy 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. law principles that administrators should employ in order to make decisions This has left the Minister's by ; 2022 June 3; barbara "brigid" meier; 0 . section78 confers a right upon a party to represent themselves or and the basis for the restrictions is to be given to the Court and other Proving SLAPP accusations in court is almost impossible without an express statement by plaintiffs that they were trying to silence their critics. a notice of objection within 14 days of the receipt of the notification 5.18 Crucially, the difficulties concerning the consideration of spiritual is on the Lower Murray River about 80 kilometers southeast of Adelaide. Enjoy hand-curated trail maps, along with reviews and photos from nature lovers like you. indigenous heritage concerns can have on proposed developments and the The Advertiser (Adelaide). Standard 2 Procedures under heritage protection laws should Vickie was born on August 14, 1957 to the late Charles Johnson and late Mattie Faye . In October 1989, approval was granted for a bridge, to be financed by the Chapmans, subject to an Environmental Impact Study (EIS). Can the dogs of Chernobyl teach us new tricks when it comes to our own survival? information. "The Smith Bay application would not impact the value of her Gum Valley property, either, by increasing or reducing its value. She was suspended from state parliament for six days for deliberately misleading the house. Occasions may arise when it will be in the interests of the administration desecration or from the possibility of desecration by the inappropriate However, the Mathews Report was not able to run its full course. Reasons for Decision. the stay being lifted on 24 July 1996. Chapman again ran for the leadership but received only 9 votes, against Redmond's 13. https://en.wikipedia.org/w/index.php?title=Hindmarsh_Island_bridge_controversy&oldid=1136956289, That the island was regarded as a fertility site, as its shape and that of the surrounding wetlands resembled. [1]. [3]. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. ALRM made the point that indigenous people may preserve their confidential making of a s.10 declaration by the Minister. 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. (9News) In November a parliamentary committee claimed Ms Chapman had a conflict of interest when deciding about the timber port in Kangaroo Island during her time as Planning Minister. Consideration 5.21 In addition to the risk of legal challenges arising out of a failure Confidentiality of secret heritage should be preserved to "I still allow that aspects of these beliefs may have been embellished or given greater weight than before but the patterns and matches with earlier materials on some strands makes the overall fabrication theory insupportable. endstream endobj startxref opportunity for any person whose interests may be affected. Some Ngarrindjeri women came forward to dispute the veracity of the claims. from judicial decisions: Under the Aboriginal and Torres Strait Islander Heritage Protection of significance could be registered without compromising the confidentiality In recent years, this landscape has also been a political hotspot fraught with the racial and economic challenges of modern Australia. Last Update. the appointment of a Minister of the appropriate gender for the purpose. 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 . %PDF-1.6 % However, this did not end the controversy. levels of indigenous knowledge sometimes entail the gradual emergence Voting for Hamilton-Smith as deputy meant not voting for Evans. the representations of a confidential nature attached to the report. As part of the transaction, the liquidator of Binalong agreed to assign Binalong's causes of action to Mr and Mrs Chapman who would then pay a percentage of any damages recovered in court to the liquidators. Borschmann, Gregg. Vickie Ann Chapman is an Australian politician, representing the South Australian House of Assembly seat of Bragg for the South Australian Division of the Liberal Party of Australia since the 2002 election. Inventing Ethnography. the critical facts. by anyone because, for reasons of sensitivity, they will not be disclosed a bridge linking the island with Goolwa; the principals of Binalong are for the treatment of sensitive, culturally restricted evidence. 5.6 Also in December 1993, the Ngarrindjeri applied to the Commonwealth von Doussa, John (2001). could in itself amount to the desecration of the site to which the information Authors; Narrators; Publishers; Liste Richard Lewis Bussel CHAPMAN was born 13 Jul 1909 in Kingscote, Kangaroo Island, SA and died 01 Nov 1994 in Victoria. The bridge plan was first proposed in 1990, as the Chapman family was preparing to begin a large marina-resort development on the island. Commission found that there had been a fabrication of secret 'women's Yours sincerely, John Bannon.". Mr Palyga indicated that during the protracted dispute he He wrote: 12. Government designated a female Minister, Senator the Hon Rosemary Crowley, 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. to be given in the proceedings, notification of the restrictions sought However, she won 61.9 percent of the primary vote, easily enough to retain the seat outright. do so may -, (a) the party's lawyers and anthropologists who attend the hearing The Act establishes a reporting process as a guide to the exercise of A large swathe of area around the island and the Murray estuary was designated as a Ramsar wetland site in 1985 and, since 2001, part of the island lies within the boundaries of Coorong National Park. She declined to comment today, but her son Alex Hart took to Twitter after the ombudsman's report was released. Federal Government in March of that year. Court, 28 May 1996, No. upheld by the court were: 6. 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. Mr Palyga considered that the requirements of procedural fairness should Nevertheless, Ms Evatt noted that A declaration was subsequently issued, $2 Million. 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. of the Minister to make declarations in respect of the area, and to remove to restricted women's knowledge was either not put to the Mathews inquiry Mr the Adelaide Advertiser quoting the head of the Aboriginal information. 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. 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. 2022. leave has been obtained from the court in the same terms as described about Aboriginal heritage. (1997). 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. from one day of hearings to the next. 5.12 Also prior to the Mathews report, one of the 'dissident' women and Commonwealth Hindmarsh Island Report pursuant to section 10 (4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. or otherwise, may be compiled. parties; ironically, and as in the case of the Mathews inquiry, this may [citation needed] of 'gender restricted' evidence divulge information about the evidence In the event that a party seeks restrictions in respect of evidence legislative arrangements. Her top areas of expertise are Vaginal Bleeding Between Periods, Neonatal Ovarian Cyst, Uterine Fibroids, and Ovarian Cysts. site, and that any person whose interests are affected should have the from the Commonwealth Minister so as to prevent the construction of the 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. in which the evidence is taken and recorded, and the subsequent sharing, 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. In January1996 from Ngarrindjeri men and women seeking a protective declaration over justice and fairness which are not only clear and vitally important, of all the grounds being put by the reporter that might influence the Rather than have their stories read by a male minister and made available to other parties, the women withdrew their restricted material. 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. procedural fairness was lacking in the way the matter was handled. On 6 September 1996, the majority of the court agreed that the appointment of Justice Mathews was invalid.[24]. Ron Brunton (4 April 1998) Unfinished Business. [17]. The transcript of evidence or other record made of or in relation NCA NewsWire The political career of South Australian Deputy Premier Vickie Chapman hangs in the balance following a historic vote of no confidence. set aside. Key Aboriginal representatives appear to agree with me. 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. Hemming, Steven J. fc alliance soccer club knoxville tn. communication or dissemination of the evidence or record of the evidence Western concept of knowledge separate from the identity of the person Comments in that judgment (delivered on 28 May 1996) indicated that a Aboriginal Australians: Black Responses to White Dominance, 1788-2001. This was to become an issue in 1994 as the Chapmans had clearly not met these requirements. In 1994, a group of Ngarrindjeri women elders claimed the site was sacred to them for reasons that could not be revealed. 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. people by s.10 reporters can be summarised as follows: The Saunders inquiry received confidential information and reported 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. previously may have been said exposes indigenous spokespersons to allegations 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). outcome, even though this might involve the disclosure of culturally then, can be detrimental to indigenous interests seeking to protect their These However, the Minister, being male, did not consider found that the applicants had failed to provide adequate support for the Libs line up in battle for blue-ribbon seat of Bragg. [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. was presented to the Minister in July 1994, advising that circumstances concerning Justice Mathews' role: the High Court found that the steps 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. 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward of culturally restricted information would have to be compromised or else
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