Legal Service of Western Australia. Court, 28 May 1996, No. Mr Lines's report found the Smith Bay port proposal "would not impact her [Ms Chapman's] personal way of life as she does not live on Kangaroo Island". Get the BillionGraves app now and help collect images for this cemetery! The Chapmans received court judgements of around $850,000 in their favour. Archaeological evidence suggests that the site was probably used for ritual burials. particular hearing in relation to which the orders were sought. Although this knowledge was missing, the Mathews Report of June 1996 nonetheless acknowledges that the area of the proposed bridge was of significance. 27C We're foryow The Adver CASH FOR SICK KIDS an = 7 Taz La hi zi Zs ~ t : ' z a 7 5 | ts | i: . his submission Mr Palyga stated: If you allow information to be provided in secret, without the ability Nicholls, Christine. [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. endstream endobj 17 0 obj <>>> endobj 18 0 obj <> endobj 19 0 obj <>stream J did not make any order in relation to the attendance of female court some witnesses [9] argued that the Hindmarsh [16] A deed was signed in March 1993 binding the government to this commitment. upheld by the court were: 6. And the to provide an independent assessment of the government's position. 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. of the Minister to make declarations in respect of the area, and to remove hSn09d'B 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. Partnership Pacific agreed but only with the condition that the State Government paid the entire cost of the bridge. The veracity of the proponent's women story was not at issue. and communities. itself can amount to a desecration of indigenous culture; consequently, in regard to establishing that a site is. A Liberal moderate, Ted was a member of the Steele Hall-led Liberal Movement faction in the 1970s and Agriculture Minister in the David Tonkin government. It heard Ms Chapman owned land across the road from a forest, which would have been felled if the port went ahead. The envelope ended up at the wrong office, where an official in the opposition party photocopied the materials and passed them on to the Chapmans lawyers. 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. WEDNESDAY, APRIL 17, 2019 WEATHER FORECAST TODAY oP SHOWER OR TWO. to act for Mr Tickner and determine the application. The Chapmans appealed the ban in 1995 to the Federal Court. Island Bridge case, the emphasis should be on determining whether the 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. The EIS (the Edmonds Report) was completed within two weeks and identified the need for an anthropological study. Unfortunately, Premier Bannon's letter had created an unintended liability for the State government. CCSA immediately countered the injunction, which was lifted. submission, HA1(a), dated 4 March 1998, Mr Palyga confirmed: 5.25 A large number of indigenous witnesses before the Committee suggested minimise the amount of information Aboriginal people need to give about They also expose Aboriginal "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. Facebook gives people the power. discretion open to legal challenges. information in the form of paintings, dances or songs. Support the Conservation Council of South Australia in its continued efforts to protect Hindmarsh Island against further development. fairness and justice with the need to respect traditional restrictions The Australian public was clearly baffled by all the lawsuits and the complexity of the Hindmarsh Bridge controversy. The heartbeat of OzHarvest. This has left the Minister's 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. 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. It can be claimed to sideline 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. A further assessment of the marina now revised its value to $4.5 million. The Liberals were cut down to only 15 seats at the 2006 election landslide. Government designated a female Minister, Senator the Hon Rosemary Crowley, The Hindmarsh Island bridge controversy was a 1990s Australian legal and political controversy that involved the clash of local Aboriginal Australian sacred culture and property rights. went on to describe a situation that arose in the course of his own practice was sought led to development interests questioning the procedural fairness people seeking the protection of the Act to intensive scrutiny of their When in opposition the Liberals had campaigned against the Hindmarsh Island Bridge and stopping it was a campaign promise during the election. by Ms Evatt. should be given to the approach taken by the Federal Court in the Ward 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998. Vicki Chapman's Rating . Join Facebook to connect with Vickie Chapman and others you may know. The Select Committee has referred the following matters to me pursuant to section 14(1) of the Ombudsman Act 1972: Dr Vicki Gordon, a clinical and forensic psychologist who treated one of Leifer's alleged victims, told the court on Monday about the notes she had taken after an appointment in March 2008. In a statement, MrSpeirs accused Labor of having "a total lack of understanding" about what a conflict of interest is. support for the decision of the Federal Court in Ward and the principles a particular witness. The Hindmarsh Island Debate: Reflecting on the Key Issues. The Bennelong Society. 5.40 The decision of Olney J in Yamirr was not followed in the subsequent 5.7 The Chapman family made application to the Federal Court in July of confidential information: as the Hindmarsh Island Bridge Royal Commission demonstrates, secrecy "The Smith Bay application would not impact the value of her Gum Valley property, either, by increasing or reducing its value. Then the State government would reimburse Binalong for half of the cost of construction, up to a limit of $3 million. As a result, in part, of the These rules were considered valid by all three Judges hearing the appeal, the evidence received by the Court on this topic is significantly different to that which was before the Royal Commission. The judgement was of concern to environmental activists because any form of direct action such as non-violent picketing, boycotting, or attempts to coerce changes of policy or behaviour, while not illegal, could be imputed as "malice" in any resulting defamation claim. [2], In August 2001, a civil case in the Federal Court of Australia re-ignited the debate. The bridge plan was first proposed in 1990, as the Chapman family was preparing to begin a large marina-resort development on the island. Borschmann, Gregg. She always vehemently denied ever having a conflict of interest. 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. It can be used to hide a easy canvas painting with black background. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. desecration or from the possibility of desecration by the inappropriate The unprecedented vote came after a scathing report recommended Ms Chapman be found guilty of wilfully misleading parliament. Aboriginal and Torres Strait Islander people are advised that this website may contain images and voices of deceased people. December 1995. of sites of significance, while other land-users or development interests That the island had to remain separate from the mainland creating a permanent link (such as a bridge) would be "as disastrous as if two bodily organs were connected together". witnesses. Individual Services Vickie Chapman Insurance Regulator at KY Department of Insurance Frankfort, KY KY Department. [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. The Commission provoked significant and lasting controversy over its five month deliberation. [13], A further problem concerns the form in which relevant information, restricted Vickie Chapman's decision to reject a port proposal on Kangaroo Island is under scrutiny. about whether to make a declaration over the area. containing all information relating to cultural heritage with restricted the critical facts. Happy Valley, Stafford, Queensland, km8ivearts, nature, murals, platypus, Australian animal street art 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. Took long enough! Shortly before the 1993 elections the Labor government had instructed archaeologist, Dr Neil Draper, to survey Hindmarsh Island and the mainland foreshore for Aboriginal sites[citation needed]. 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. That, in regard to the process of determining whether heritage protection proceed with construction of the bridge. common law concepts, the need for transparency which is implicit in procedural the South Australian Government appointed a Royal Commission to examine Gajerrong Peoples) and Others 154 ALR 512 (8 July 1997); in that (appeal) to that party's other lawyers or anthropologists engaged in the proceedings Hindmarsh: Where Lies The Truth? The Age, May 9, 2003. In the event that a party seeks restrictions in respect of evidence Judgments regarding the ambit of section 51(xxvi) noted that the actual wording of the amended section did not limit Parliament to the enactment of only beneficial laws. 2022. And [18]. 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before Two words showed something was wrong with the system, After centuries of Murdaugh rule in the Deep South, the family's power ends with a life sentence for murder, Flooding in southern Malaysia forces 40,000 people to flee homes, With Prince Andrew's sweetheart mansion rental ending, King Charles offers compromise that shocks his son, Storms threaten north-east United States after tearing through the south, leaving 10 dead. Tom Richardson @tomrichardson Support our work Click here to donate 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. Vickie was born on August 14, 1957 to the late Charles Johnson and late Mattie Faye . 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. Olney J considered a request made by the native title claimants to restrict recognizing customary restrictions on information: Standard 1 Heritage protection laws should respect Aboriginal 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 Looking for the best hiking trails in Dubn? the Senate expressed the view that, in the Hindmarsh Island Bridge matter, The amended rules for the protection of evidence %PDF-1.6 % Instead the Court found that von Doussa, John (2001). [35][36], John Bannon Letter: "Dear Mr Fowler, I am willing to put a recommendation to my Cabinet that the government commit immediately to fund the construction of a bridge between Goolwa and Hindmarsh Island on terms previously outlined, including a contribution from Chapman payable subsequent to the repayment of Westpac advances. Mr Palyga indicated that during the protracted dispute he the Adelaide Advertiser quoting the head of the Aboriginal it be rigorously investigated. 'no evidence rule' requires that a decision be based on logically probative making of a s.10 declaration by the Minister. Northern Territory of Australia and Others 143 ALR 687 (15 April 1997) 'the spiritual and cultural beliefs of the Aboriginal and Torres Strait (2007). In June 1995 the bridge and Crocodile Farm cases, namely the lack of robust criticism (1988). "Consequently, I am of the opinion that Ms Chapman had good reason to believe that she did not have an actual or potential conflict between her interest in the Gum Valley property and her public duty to impartially consider the Smith Bay application on its merits," Mr Lines wrote. Hindmarsh Island Bridge matter to gain access to confidential heritage (b) transcript of gender restricted' evidence be available to the party's The "dissident women" were diverse in age and cultural traditions or awareness, and were considered by the Commissioner to be 'credible' and their testimony was corroborated by support from two anthropologists from the South Australian Museum. could in itself amount to the desecration of the site to which the information 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. The site had been claimed to have been a burial ground by the proponent Ngarrindjeri women during the Royal Commission. Leave a review . customary law along such lines as 'men's business' or 'women's business'. 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. and Broome Crocodile Farm cases, and the need for flexibility as well Leave a review . Island Bridge matter demonstrated that the lack of adequate protection They could not afford to construct the bridge themselves so they approached the State Government for assistance. Picture Mark Brake A map Labor says appears to show property owned by Vickie Chapman on Kangaroo Island land across the road from land affected by a $40 million development that she rejected. Allen & Unwin, 2002. This was to become an issue in 1994 as the Chapmans had clearly not met these requirements. 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. The claimants had requested the exclusion evidence one anthropologist of the same sex as the witnesses for the purpose Gelder, Ken and Jane M. Jacobs. opportunity for any person whose interests may be affected. The State Government subsequently It is, then, the effect of the Broome Crocodile Farm case judgment (in apply to the issue of determining the significance of a particular heritage Office Rating. Committee Report, Hindmarsh Island Bridge Bill1996, December 1996, p.6. rule'. In those cases where the taking of evidence should be restricted, The applicant women and those [31], In early 2002, Peter Sutton, a former head of Anthropology of the South Australian Museum, who had been unable to take a position on the claims, stated that additional evidence discovered since the von Doussa judgement had changed his view. The legal and public relations battles did not stop there. Mr Palyga considered that the requirements of procedural fairness should 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.
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