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. Respecting the womens wishes that only a woman could know of secret womens business, Tickner appointed a female anthropologist, Professor Cheryl Saunders, to investigate the claim. justice and fairness which are not only clear and vitally important, endstream
endobj
startxref
to consider evidence about a claimant application brought under the Native 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. Proving SLAPP accusations in court is almost impossible without an express statement by plaintiffs that they were trying to silence their critics. 5.4 Hindmarsh Island, known to the local Ngarrindjeri people as Kumarangk, The 'hearing rule' requires a decisionmaker to provide a hearing an area which included the land and water said to be required for the discretion open to legal challenges. Court delivered judgment in the Broome Crocodile Farm case. In its report on 19 December 1995, the Royal A Vickie situation. Ms Evatt's proposal would be to set at nought the rights of natural Support the Conservation Council of South Australia in its continued efforts to protect Hindmarsh Island against further development. Northern Territory of Australia and Others 143 ALR 687 (15 April 1997) [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. Ms Chapman advised the Premier Steven Marshall that she would resign from the front bench, days after a damning committee report found she deliberately misled parliament three times, and acted with a conflict of interest when she blocked the construction of a seaport on Kangaroo Island. Wendy Jennifer Chapman AM(born 3 June 1942) is a former Australian politician. parties; ironically, and as in the case of the Mathews inquiry, this may of this report; the Committee considers that registers are a necessary Unfortunately, the emergence of new information which conflicts with what Gulf Harbour Pty Ltd, a company controlled by the Chapman family - who were responsible for the Hindmarsh Island marina development in the 1990s - owns a 324ha site adjoining the main highway. [17], Last edited on 24 February 2023, at 07:26, South Australian Division of the Liberal Party of Australia, Learn how and when to remove this template message, "The South Australian Government Gazette, 19 March 2018, No. And the hSn09d'B This action seeks damages for losses allegedly suffered by Binalong from five respondents. Former South Australian deputy premier Vickie Chapman says she has not spoken to new party leader David Speirs about her decision to quit parliament next month, forcing voters in her eastern suburban Liberal stronghold of Bragg back to the polls for the third time in as many months. of Representatives on 7 November 1996, and by the Senate on 12 May 1997. Binalong would pay up front for the bridge to be built. 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 . The ALRM suggested Hindmarsh Island sits at the mouth of the Murray River, facing the Southern Ocean and with its back to the tiny coastal town of Goolwa, one hour south of Adelaide. She observed that the need to respect Aboriginal customary law restrictions of significance could be registered without compromising the confidentiality The Select Committee has referred the following matters to me pursuant to section 14(1) of the Ombudsman Act 1972: 1997 the State of Western Australia was refused leave by the High Court 5.20 The term 'procedural fairness' is used to indicate those common Bell, Diane. Only about 300 people live permanently on the island, but hundreds of weekend tourists frequent Hindmarsh. 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. 5.30 Witnesses raised several different approaches to ways in which sites Deputy Premier and Attorney-General Vickie Chapman's political future hangs by a thread after state parliament's lower house sensationally passed a no-confidence motion against her on Thursday . instructing solicitors and anthropologists as instructed by a party, such 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. In the Hindmarsh Island matter, the situation in regard to the consideration of spiritual and cultural beliefs of indigenous people by s.10 reporters can be summarised as follows: Saunders Inquiry The Saunders inquiry received confidential information and reported with the benefit of it. that gave rise to the Mathews report was considered by the Commonwealth Western concept of knowledge separate from the identity of the person Despite some public sympathy, the era of political correctness about Aboriginal culture waned. 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. administering heritage protection laws or received in related proceedings They also expose Aboriginal all representations. endstream
endobj
17 0 obj
<>>>
endobj
18 0 obj
<>
endobj
19 0 obj
<>stream
Her top areas of expertise are Vaginal Bleeding Between Periods, Neonatal Ovarian Cyst, Uterine Fibroids, and Ovarian Cysts. Initiating legal action in April 1994 they applied to the federal government for an order prohibiting construction. As the population of Australians of European descent has grown in South Australia, legal and social clashes with their Aboriginal neighbors have escalated. related, or else a general desecration of indigenous culture. [10]. Overlapping with the notion of natural justice, procedural fairness As the Liberal Party state president from 199295, Chapman attempted to win Liberal preselection for the federal division of Barker in 1998. two of which expressly rejected the earlier case of Yarmirr, subject to With the marina only partially completed, in 1988 the Chapmans applied for permission to increase the size of the project as the original project was found to be financially unviable. 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. Adelaide: South Australian Government Printer. and communities. For example, "Complete vindication, exposing the baseless political smear that it always was," the former Channel 7 reporter wrote. The State Bank collapsed not long after with debts of $3 billion. %PDF-1.6
%
function. 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998. The amended rules for the protection of evidence hbitov Dubn, Dubn, esk Budjovice District, South Bohemia, Czech Republic. 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before area is of significance to a particular group of indigenous people, usually The Aboriginals will have to reveal under such circumstances. secret, affected parties should be shut out of the process (paragraphs When Parliament discovered his activities, the official resigned in disgrace. [3]. in item 7. itself can amount to a desecration of indigenous culture; consequently, in regard to establishing that a site is. which were envisaged when the Act was introduced. Subsequently, the Howard Government passed the Hindmarsh Island Bridge Act (1997),[1] which allowed construction to go ahead. 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. 'no evidence rule' requires that a decision be based on logically probative other lawyers or anthropologists regardless of gender. Vickie Chapman Manager at Mid.Ne. The State Government subsequently The Ngarrindjeri people have long alluded to a site marking Ngurunderis presence on the river here. 5.7 The Chapman family made application to the Federal Court in July 5.43 All three judges agreed that rule 10 should be amended to remove eight others commenced proceedings in the High Court; they challenged persons being of the gender required by the aforesaid restriction unless von Doussa, John (2001). 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). 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. Based on North American legislation, the proposed Act would ensure that those engaged in non-violent public participation would be protected from threats or suits that infringe free speech. 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward to any evidence restricted on the basis of gender and information in respect In June 1995 the bridge and Crocodile Farm cases, namely the lack of robust criticism 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 Senate expressed the view that, in the Hindmarsh Island Bridge matter, They chose not to violate their religious law that women's knowledge was for women's eyes only. disaffection can result from the perception, justified or not, of unfair on information is well established. 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. [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. Anthropologists (such as Professor Weiner) distinguished between the 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
26 October 2002. South Australia's former Deputy Premier Vickie Chapman has been cleared of wrongdoing by the Ombudsman during her time as Planning Minister. consequently entail that such beliefs are not able to be properly considered but have also been declared on 28th May 1996 by the Full Federal Court with the indigenous groups involved. The initiation approval is on the basis that, under section 73(4)(a) of . Minister, the Hon Robert Tickner, for a s.10 declaration under the Aboriginal In rejecting claims for damages by the developers, Justice John von Doussa stated that he was not satisfied that the claims of "secret women's business" had been fabricated, although never explicitly stating them to be true. the interests of procedural fairness, the need of land users must be VICKIE A CHAPMAN Tonight I preface my remarks by the following observations. She was previously married to David Ernest Hart. [14]. The Chapmans received court judgements of around $850,000 in their favour. An anthropologist, Dr Deane Fergie, prepared an assessment of the women's claims, which was then submitted to Saunders. In September 1990 Beneficial Finance decided to withdraw funding and the Chapmans approached Partnership Pacific, a subsidiary of Westpac, to take over the financing. The procedures laid down for Soon after coming to power, the Howard Government legislated to allow the bridge to proceed. as provided by section 78 of the Commonwealth's Judiciary Act 1903. 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. even although this might involve the disclosure of culturally sensitive [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. Five judges held that the Bridge Act was valid, with Justice Kirby dissenting. The bridge was completed in March 2001. Good morning, early birds. ), Secret Women's Business: The Hindmarsh Affair, Hemming, Steven J. Only if cause has been shown and leave obtained from the Court to The heartbeat of OzHarvest. 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. Chapman ran against Hamilton-Smith for the leadership, but received only 10 votes, against Hamilton-Smith's 11, with Evans abstaining. (1988). She is the first woman to hold either post.Chapman has previously served as deputy leader of the . obtain such a report. of all the grounds being put by the reporter that might influence the 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. Chapman was elected as deputy Liberal leader, and hence Deputy Leader of the Opposition, in an unexpected joint ticket with factional rival Iain Evans. He found that such an order would interfere with the Simons, Margaret. Protection Act 1984, House of Representatives chamber and business documents, Department of the House of Representatives. thereof may not be disseminated to any persons other than to counsel, Cemetery page showing maps, records, and images of headstones in the hbitov Dubn, Dubn, esk Budjovice District, South Bohemia, Czech Republic | BillionGraves Cemetery and Images. provide for legislation to the detriment of indigenous people. Happy Valley, Stafford, Queensland, km8ivearts, nature, murals, platypus, Australian animal street art Justice Jacobs, unaware of Draper's survey, finished his report in early 1994, concluding there was no way out of building the bridge without significant financial liabilities. Explore one of 3 easy hiking trails in Dubn or discover kid-friendly routes for your next family trip. Enjoy hand-curated trail maps, along with reviews and photos from nature lovers like you. In a statement, MrSpeirs accused Labor of having "a total lack of understanding" about what a conflict of interest is. Steven Griffiths was elected deputy leader 8 votes to 6 for Mitch Williams. (1994). Work recommenced and a number of protestors were arrested. else be represented by legal practitioners, and that an order restricting 5.34 ATSIC [19] supports the approach recommended The Commission provoked significant and lasting controversy over its five month deliberation. of determining a native title claim. Standard 2 Procedures under heritage protection laws should Gelder, Ken and Jane M. Jacobs. She declined to comment today, but her son Alex Hart took to Twitter after the ombudsman's report was released. This page was last edited on 24 February 2023, at 07:26. containing all information relating to cultural heritage with restricted [4]. justice meant we had to know the 'women's business' claims, and be given is that Section 51(xxvi) of the Constitution (the 'race power') does not "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. 'Co J The State government made a deal with the Chapmans. of culturally restricted information would have to be compromised or else Broome Crocodile Farm judgment, the content of any tradition relating 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. in the original case Ben Ward & Ors (on behalf of the Miriuwung Gajerrong of sites of significance, while other land-users or development interests In 1994, a group of Ngarrindjeri women elders claimed the site was sacred to them for reasons that could not be revealed. We acknowledge the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, waters and community. had not been complied with in two respects. 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. that confidentiality provisions should specifically deal with safeguarding "[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. Jun 12, 2022 . rule'. 5.36 The question of how to reconcile the requirements of procedural We are all pioneers and proud to be. by the Federal Court and other decisions of the Minister have also been Commission (the Commission) and approved the Proposal to Initiate the Hindmarsh Island Code Amendment. of an opportunity to examine the basis upon which heritage protection The Chapmans then sought $50 million in compensation from the federal government for halting the bridge and preventing the development of their marina plans. 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. the decision in Western Australia v Ward, an article appeared in gender and the communication of the details of such matters to persons This time Senator Rosemary Crowley appointed a woman judge, Jane Mathews, to be the reporter and thus the proponent women would be able to include knowledge restricted to women without violating their cultural rules. Both sides have to give a little. Chapman has previously served as deputy leader of the Liberal Party from 2006 to 2009, and became deputy leader again in 2013. the stay being lifted on 24 July 1996. of assisting the party's lawyers. Beneficial Finance, a subsidiary of the state owned State Bank of South Australia, had supplied the financing for the marina development. Procedural Fairness and Confidentiality: The Problem. This has left the Minister's In other quarters, however, Chapman was seen as a continuation of the factional battles that have long plagued the SA Liberals. claims are a ready cloak for fabrication. of details ; this can give courts an impression that the story had changed Individual Services Harlan County, NE Mid.Ne. an opportunity to comment on them, they took the view that this was 2 Timothy 4:7. The transcript of evidence or other record made of or in relation evidence one anthropologist of the same sex as the witnesses for the purpose 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. There is a need for a sufficiently interested party to know all 5.33 Further, Ms Evatt recommended that State, Territory and Commonwealth desecration. Opinion remains divided over the issue to the present day.[3][4][5][6][7]. or was withdrawn once it became clear that its particular restrictions That ban was overturned on a technicality. Leave a review . Saunders, Cheryl. legislative arrangements'. [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. Aboriginal Australians: Black Responses to White Dominance, 1788-2001. of all female court officers, legal representatives and members of the In Broome, Richard. [16] by which protection decisions are made. scope of the Heritage Protection Act in two respects: to remove the ability by Ms Evatt. Island Bridge matter demonstrated that the lack of adequate protection 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. representatives. Each party is entitled to have present at a hearing of 'gender restricted' fabrication. It heard Ms Chapman owned land across the road from a forest, which would have been felled if the port went ahead. We pay our respects to the people, the cultures and the elders past, present and emerging. 5.42 The rules considered in the original Ward case were made in order provide that a claim for public interest immunity may be made for restricted Ron Brunton (4 April 1998) Unfinished Business. Records:. However, the Mathews Report was not able to run its full course. 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. Two declarations have been overturned 5.39 Olney J acknowledged the significance of restricting information Island Bridge matter may have been exacerbated by the perception that In the absence of this material, Justice Mathews Not the slightest shred of evidence: A reply to Philip Clarke's response to "Secret Womens Business.". financial planning companies in bangalore Search. to be 'live'. Mr Palyga indicated that during the protracted dispute he Attorney-General Vickie Chapman is the subject of a parliamentary inquiry. [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. process burdensome and taken it away from the relatively simple procedures 11. Doreen Kartinyeri and Neville Gollan, speaking on behalf of the Ngarrindjeri people, challenged the legislation in the High Court. [1]. 5.46 The Committee recognises the need for legislative clarification That, in regard to the process of determining whether heritage protection Kumarangk Legal Defence Fund. 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. of the restrictions sought. 5.12 Also prior to the Mathews report, one of the 'dissident' women and