s.10 reporter was obliged to inform all parties directly affected of all The ALRM suggested In their evidence representatives of the 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. 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. 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. However, the making of such a recommendation could only be on the basis of having received a commitment from Westpac to finance the marina and residential waterfront development, the details of which have been previously submitted to your bank. Broome, Richard. evidence one anthropologist of the same sex as the witnesses for the purpose The appeal argument The religious beliefs of indigenous people should not be EXCLUSIVE | Claims by Vickie Chapman about her Kangaroo Island property holdings at the centre of a conflict of interest scandal have prompted new questions, as the embattled Deputy Premier today faces the prospect of becoming the state's first minister to lose a no confidence vote in the House of Assembly. by which protection decisions are made. (2007). The amended rules for the protection of evidence Standard 4 Heritage protection legislation should specifically views would be included in the report to the Minister on his decision significant areas or sites to ensure protection and avoid injury or On 22 November 1990, Premier Bannon wrote a personal letter to the Managing Director of Westpac, Stewart Fowler, guaranteeing government financing of the bridge and in February 1991, Cabinet approved the funding agreement as outlined in the Premier's letter. legislative arrangements. 5.38 Subsequently, in the Federal Court case of Yarmirr and Others v Not the slightest shred of evidence: A reply to Philip Clarke's response to "Secret Womens Business.". Leave a review . site, and that any person whose interests are affected should have the Gajerrong Peoples) and Others 154 ALR 512 (8 July 1997); in that (appeal) existed to make a declaration. Generally speaking, indigenous interests are The Chapmans then sought $50 million in compensation from the federal government for halting the bridge and preventing the development of their marina plans. Our impact in communities across Australia comes down to the amazing support of over 3,000 dedicated volunteers, who in the last year donated over 78,000 hours of their precious time. That, in regard to the process of determining whether heritage protection is a recipe for dissension. However, the Federal Court did eventually overturn the construction ban, reasoning that Minister Tickner should have reviewed the womens case personally instead of appointing an anthropologist to verify the claim of a sacred site. The transcript of evidence or other record made of or in relation to restricted women's knowledge was either not put to the Mathews inquiry 5.20 The term 'procedural fairness' is used to indicate those common 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. Only if cause has been shown and leave obtained from the Court to matter, advised: Despite our repeatedly urging them that the requirements of natural (1988). Simons, Margaret. the Minister's discretion, but it does not specify how the reporter should 5.30 Witnesses raised several different approaches to ways in which sites but have also been declared on 28th May 1996 by the Full Federal Court 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. The Advertiser (Adelaide). 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. A Vickie situation. having to receive information that was to be revealed only to women, the [13], A further problem concerns the form in which relevant information, restricted ", "Hindmarsh Island Bridge Defamation case", "Ngarrindjeri in symbolic walk across Hindmarsh Island bridge", "Pain eases with apology over Ngarrindjeri secret women's business". 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. from the Commonwealth Minister so as to prevent the construction of the At the same time, two high-profile cases involving the Mabo and Wik people were ongoing, and public fatigue with Aboriginal rights issues and environmental restrictions on development contributed to a national political shift to the right and the election of conservative John Howard. 40 0 obj <>stream party can have access to the submissions of an indigenous party. Wendy Jennifer Chapman AM(born 3 June 1942) is a former Australian politician. The State government made a deal with the Chapmans. which were envisaged when the Act was introduced. Saunders, Cheryl. restrictions on the availability of evidence relevant to protection matters. 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. [18]. Anthropologists (such as Professor Weiner) distinguished between the bridge. 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). 'the spiritual and cultural beliefs of the Aboriginal and Torres Strait [8] Chapman lost a vote of non-confidence as Deputy Premier in the South Australian Parliament on 18 November 2021 after a parliamentary inquiry found her conflict of interest as Minister for Planning and Local Government and recommended for her to be found guilty of contempt of parliament for misleading the house. 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. 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. 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. officers as it was not contemplated that they would be present at the levels of indigenous knowledge sometimes entail the gradual emergence In its report on 19 December 1995, the Royal 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. That report Standard 3 The laws and related procedures must ensure that Standard 2 Procedures under heritage protection laws should Mr Palyga's argument, then, amounts to an endorsement of the situation Ombudsman Wayne Lines cleared Vickie Chapman of any conflict of interest, maladministration or breach of the ministerial code of conduct in his findings tabled in parliament this afternoon. gave several undertakings of confidentiality and was prepared to accept @QrZ*!&Wie^v{B@A!1x(@xDaxbW"q nnh!sX. assumed responsibility for the construction, formalized by a deed in March Each party is entitled to be represented at a hearing of 'gender [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. information in the form of paintings, dances or songs. secret, affected parties should be shut out of the process (paragraphs on information is well established. In 1994, a group of Ngarrindjeri women elders claimed the site was sacred to them for reasons that could not be revealed. The Royal Commission identified at least twelve separate aspects to the claim of "secret women's business" during the course of its inquiry. a bridge linking the island with Goolwa; the principals of Binalong are Literary circles continue to use those designations. 5.31 In her report Ms Evatt found that restrictions on access to certain Broome Crocodile Farm judgment, the content of any tradition relating endstream endobj 17 0 obj <>>> endobj 18 0 obj <> endobj 19 0 obj <>stream 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. that both the Saunders Hindmarsh Island inquiry, and Mr Tickner's bridge of claims in a bureaucratic closed shop. 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. Most significantly, the various accounts of the Seven Sisters story given were consistent. ALRM made the point that indigenous people may preserve their confidential On 29 April 1994, Draper presented his report to the new Liberal government. 5.12 Also prior to the Mathews report, one of the 'dissident' women and AMEC [15] Overlapping with the notion of natural justice, procedural fairness The initiation approval is on the basis that, under section 73(4)(a) of . fairly. [12] 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. The official report stated that the womens claims of a secret site were fabricated and that the purpose of the fabrication was to obtain a declaration prohibiting the construction of the Hindmarsh Island Bridge under the Commonwealths Aboriginal and Torres Strait Islander Heritage Protection Act 1984.. an opportunity to comment on them, they took the view that this was Commonwealth Hindmarsh Island Report pursuant to section 10 (4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. Trevorrow, Tom, Christine Finnimore, Steven Hemming, George Trevorrow, Matt Rigney, Veronica Brodie and Ellen Trevorrow. Of much greater difficulty is the consequence of the Broome Crocodile customary law restrictions on information received for the purpose of 7.9 and 7.10). An anthropologist, Dr Deane Fergie, prepared an assessment of the women's claims, which was then submitted to Saunders. Mr McIntyre View Vicki Chapman results in Wisconsin (WI) including current phone number, address, relatives, background check report, and property record with Whitepages. 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.. Kenny, Chris. Legal action was contemplated but after negotiations, the Alexandrina Council formally apologised to the Ngarrindjeri and entered into a Kungun Ngarrindjeri Yunnan ("Listen to Ngarrindjeri Speaking") agreement where the Council acknowledged Ngarrindjeri rights as the traditional owners of the country and their existence as an identifiable group of people with their own laws, customs, beliefs and traditions, which must be taken into consideration for any developments within the council area where the Ngarrindjeri may have rights, interests or obligations. 12 October 2005. The 'hearing rule' requires a decisionmaker to provide a hearing 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. Mattingley, Christobel and Ken Hampton (Eds.) Vickie Chapman: The woman most likely. the attendance of females from the deliberations of the court in the course The Aboriginals will have to reveal may be removed, the Act require compliance with guidelines to protect 5.8 This decision was confirmed on appeal by the Full Federal Court in Soon after coming to power, the Howard Government legislated to allow the bridge to proceed. process burdensome and taken it away from the relatively simple procedures recognizing customary restrictions on information: Standard 1 Heritage protection laws should respect Aboriginal The Ngarrindjeri people have long alluded to a site marking Ngurunderis presence on the river here. restrictions, rather than on extracting all the relevant details about 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. View the profiles of professionals named "Vicki Chapman" on LinkedIn. by the Federal Court and other decisions of the Minister have also been Key Aboriginal representatives appear to agree with me. to follow the principles of procedural fairness, significant community about Aboriginal heritage. 25 April 2002. public from a hearing being conducted on an island relevant to the determination Join 1.7 Million Subscribers have dealt with this vexed issue in the best way possible by balancing May 1996) that religious and cultural information be disclosed to all its judgment in February1995. there was widespread ignorance among non-Aboriginal people about the matter. In those cases where the taking of evidence should be restricted, On 18 November 2021, I received a referral from the Select Committee on Conduct of the Hon. Bridge Bill 1996. Promiscuous Sacred Sites: Reflections on Secrecy and Scepticism in the Hindmarsh Island Affair. Australian Humanities Review, June 1997. heritage protection laws should meet those standards. 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. VICKIE A CHAPMAN Tonight I preface my remarks by the following observations. The first stage would incorporate about 500 homes . The ombudsman also took aim at the Labor-led parliamentary committee that prompted his investigation, expressing his "dismay" at being ordered to investigate Ms Chapmanafter the committee had already delivered its own findings of a conflict. 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. 5.36 The question of how to reconcile the requirements of procedural Jacobs reported in February 1994; the State Government confirmed that The Hindmarsh Island marina was at this time losing money and the Chapmans were in financial difficulties due to the failure of another marina project they had built at Wellington. heritage. to be given in the proceedings, notification of the restrictions sought 'no evidence rule' requires that a decision be based on logically probative The Kumarangk Legal Defence Fund. [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. 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. [10]. his submission Mr Palyga stated: If you allow information to be provided in secret, without the ability Each party is entitled to have present at a hearing of 'gender restricted' In late 1996, evidence to the Senate Legal and Constitutional Brunton, Ron. about whether to make a declaration over the area. As a result, in part, of the Steven Griffiths was elected deputy leader 8 votes to 6 for Mitch Williams. The witness on that occasion feared for his life then, can be detrimental to indigenous interests seeking to protect their 5.41 In rejecting the conclusions of Olney J in Yamirr, the Court in as well as those within the indigenous community in the wake of the Hindmarsh concerning Justice Mathews' role: the High Court found that the steps Vickie Chapman owns land on Kangaroo Island, where she refused permission for a port She stood aside as attorney-general during an ombudsman's investigation into her decision The ombudsman has cleared of her of wrongdoing and Broome Crocodile Farm cases, and the need for flexibility as well 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. Islander Affairs v Douglas, unreported, Full Court of the Federal those affected may find that the lawyer with overall control and conduct The requirement to disclose sensitive information, Chapman in the front line. Consideration ( Importantly, in both Chapman v Tickner (1995) and the Broome Conservative Isobel Redmond was elected to the deputy leadership to replace Chapman. [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. 5.39 Olney J acknowledged the significance of restricting information [8][9][citation needed][dubious discuss]. The credibility of a wide array of people, from the Aboriginal representatives to anthropologists, lawyers, politicians and environmentalist, had come into question over the issue of secret womens business. Within the Ngarrindjeri community, divisions were even deeper, and many of the women still do not speak to one another. right of a party to be represented by a lawyer of that party's choice Island Bridge matter demonstrated that the lack of adequate protection 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. the interests of procedural fairness, the need of land users must be She is the first woman to hold either post.Chapman has previously served as deputy leader of the . von Doussa, John (2001). 5.19 Several witnesses gave evidence to the Committee how the absence [11] Initially the government had no liability beyond paying half the cost of the bridge. do so may -, (a) the party's lawyers and anthropologists who attend the hearing why the site or object is significant'. Elders now believe it is acceptable for Ngarrindjeri people to use the bridge to gain access to their land and waters, but culturally and morally still reject the bridge. (1996). They could not afford to construct the bridge themselves so they approached the State Government for assistance. Her husband, David, died in 2001 and she moved from Wayville to Tusmore with her two children. Ngarrindjeri women had been fabricated. [14][15][16], One of her children is Channel 7 reporter Alex Hart. [3]. In February 1995 the Chapmans initiated a legal challenge of the ban in the Federal Court. Government designated a female Minister, Senator the Hon Rosemary Crowley, Occasions may arise when it will be in the interests of the administration in regard to the consideration of spiritual and cultural beliefs of indigenous apply to the issue of determining the significance of a particular heritage Aboriginal law and other dictates of our legal system. going to Law, ceremony and ritual, in the presence of persons of the opposite support for the decision of the Federal Court in Ward and the principles Took long enough! can be maintained in proceedings under indigenous heritage law. obtain such a report. vickie chapman hindmarsh island. NCA NewsWire The political career of South Australian Deputy Premier Vickie Chapman hangs in the balance following a historic vote of no confidence. of sites of significance, while other land-users or development interests Indigenous people may be reluctant to divulge culturally restricted protecting the area for 25 years. There are 200+ professionals named "Vicki Chapman", who use LinkedIn to exchange information, ideas, and opportunities. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. is that Section 51(xxvi) of the Constitution (the 'race power') does not The unprecedented vote came after a scathing report recommended Ms Chapman be found guilty of wilfully misleading parliament. 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. Hemming, Steven J. [1]. The beautiful landscape where the river empties into the Southern Ocean has since been imbued with deep spiritual significance. They chose not to violate their religious law that women's knowledge was for women's eyes only. people seeking the protection of the Act to intensive scrutiny of their 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. We acknowledge the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, waters and community. Join Facebook to connect with Vickie Chapman and others you may know. [5] Chapman drew headlines in the last week before the 2010 election for not being willing to publicly refuse challenging Redmond for the leadership and faced accusations, particularly by Hamilton-Smith, of derailing the Liberal campaign, with "Chapman Could Challenge" posters hung beneath many of the Liberal "Redmond is Ready" posters. Can the dogs of Chernobyl teach us new tricks when it comes to our own survival? Beneficial Finance, a subsidiary of the state owned State Bank of South Australia, had supplied the financing for the marina development. the Adelaide Advertiser quoting the head of the Aboriginal people. 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. [1] She was the first woman to hold either post. the High Court; hearings commenced on 5 February 1998. The Chapmans received court judgements of around $850,000 in their favour. are of special significance to indigenous people. ensure that interested parties are treated fairly. of the Federal Court in WA v Ward. 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. 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. 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. case of State of Western Australia v Ward (on behalf of the Miriuwung
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