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. then, can be detrimental to indigenous interests seeking to protect their & Ors (on behalf of the Miriuwung Gajerrong Peoples), Lee J set out parties. In that capacity, she served as Deputy Leader of the Opposition between 30 March 2006 and 4 July 2009, and again between 4 February 2013 and 19 March 2018. of Representatives on 7 November 1996, and by the Senate on 12 May 1997. as well as those within the indigenous community in the wake of the Hindmarsh Inventing Ethnography. those affected may find that the lawyer with overall control and conduct persons being of the gender required by the aforesaid restriction unless Court delivered judgment in the Broome Crocodile Farm case. instructing solicitors and anthropologists as instructed by a party, such Olney He said while the property had been rented out from time to time, it was not a tourism venture. 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. The first stage would incorporate about 500 homes . 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 could in itself amount to the desecration of the site to which the information "7.30 Report - 21/08/2001: Hindmarsh bridge controversy continues", "Secret women's business acknowledgment welcomed - ABC News (Australian Broadcasting Corporation)", Protocol Agreement between Alexandrina Council and Ngarrindjeri People, "Kungun Ngarrindjeri Yunnan Agreement 17 March 2008", "Chronology of the Kumarangk / Hindmarsh Island Affair", Promiscuous Sacred Sites: Reflections on Secrecy and Scepticism in the Hindmarsh Island Affair, "Hindmarsh Island and the Fabrication of Aboriginal Mythology", Wilson v Minister for Aboriginal & Torres Strait Islander Affairs, Bills Digest 50 199697, Hindmarsh Island Bridge Bill 1996, Australian Parliamentary Library, "When have the discriminatory provisions in the Constitution been used? under such circumstances. This page was last edited on 24 February 2023, at 07:26. hbitov Dubn, Dubn, esk Budjovice District, South Bohemia, Czech Republic. apply to the issue of determining the significance of a particular heritage (1994). The Chapmans then sued the Federal Government for $20 million in compensation. 5.40 The decision of Olney J in Yamirr was not followed in the subsequent However, this did not end the controversy. allegations that the restricted women's knowledge put forward by the applicant which heard from other ('dissident') Ngarrindjeri women that the purported 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. FRIDAY 12 AUGUST 2016. of the restrictions sought. endstream endobj 17 0 obj <>>> endobj 18 0 obj <> endobj 19 0 obj <>stream Indigenous worldviews, values and sacred places strengthen the earths biological and cultural diversity, in distribution: standing on sacred ground, Promiscuous Sacred Sites: Reflections on Secrecy and Scepticism in the Hindmarsh Island Affair, The Hindmarsh Island Debate: Reflecting on the Key Issues. Allen & Unwin, 2002. opportunity to test the evidence upon which this decision is made. are affected by the making of a protection declaration to be denied access [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. can be maintained in proceedings under indigenous heritage law. Happy Valley, Stafford, Queensland, km8ivearts, nature, murals, platypus, Australian animal street art View the profiles of people named Vickie Chapman. Crocodile Farm case, the procedures under the Act were found to be consistent 5.8 This decision was confirmed on appeal by the Full Federal Court in 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. Search for: Search. of the Minister to make declarations in respect of the area, and to remove failed to comply with the requirements of s.10(3)(a); in particular, it 5.35 Mr Palyga has responded to Ms Evatt's position concerning the protection information. hb```a``*@(1w^E@"g We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. not required of them. Brunton, Ron. a bridge linking the island with Goolwa; the principals of Binalong are It is, then, the effect of the Broome Crocodile Farm case judgment (in site, and that any person whose interests are affected should have the Gelder, Ken and Jane M. Jacobs. Kenny, Chris. A Vickie situation. Northern Territory of Australia and Others 143 ALR 687 (15 April 1997) Her top areas of expertise are Vaginal Bleeding Between Periods, Neonatal Ovarian Cyst, Uterine Fibroids, and Ovarian Cysts. religious beliefs. that gave rise to the Mathews report was considered by the Commonwealth The initiation approval is on the basis that, under section 73(4)(a) of . for the treatment of sensitive, culturally restricted evidence. 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. being structured in this way, it is difficult for an outsider to gain common law concepts, the need for transparency which is implicit in procedural that Justice Jacobs and the government had missed an opportunity to cancel the bridge contract[citation needed]. Only if cause has been shown and leave obtained from the Court to 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. Broome, Richard. the decision in Western Australia v Ward, an article appeared in should be given to the approach taken by the Federal Court in the Ward 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. itself can amount to a desecration of indigenous culture; consequently, in regard to establishing that a site is. information either was not put or was withdrawn. 25 April 2002. 5.11 Prior to Justice Mathews completing her report, the Full Federal and the basis for the restrictions is to be given to the Court and other 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. 5.20 The term 'procedural fairness' is used to indicate those common [30][31] The bulk of the damages related to claims by the defendants that the Chapmans had used SLAPP accusations to silence them.[31][32]. Pty Ltd incurred an obligation to the South Australian government to build 5.9 Two further inquiries into this matter should be noted. May 1996) that religious and cultural information be disclosed to all He married Elizabeth Fairbairn (Bess) DREW 30 Dec 1934 in Naracoorte, SA. justice and fairness which are not only clear and vitally important, 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]. 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. [13] A month after the election, Chapman announced her intent to resign from parliament. Title Act 1993 by the Miriuwung and Gajerrong peoples in Western Australia. Then the State government would reimburse Binalong for half of the cost of construction, up to a limit of $3 million. 1996, p.6. 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. %%EOF customary law along such lines as 'men's business' or 'women's business'. Yours sincerely, John Bannon.". of details ; this can give courts an impression that the story had changed 10. December 1995. [citation needed] 13. 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. Consideration by which protection decisions are made. Saunders, Cheryl. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. Unfortunately, Premier Bannon's letter had created an unintended liability for the State government. A deed was signed in March 1993 binding the government to this commitment. 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 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]. 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. 5.22 The demands of procedural fairness are difficult to reconcile with The Court delivered Government designated a female Minister, Senator the Hon Rosemary Crowley, 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998. Each party is entitled to be represented at a hearing of 'gender 5.5 In December 1993 the South Australian Crown solicitor requested MrSamuelJacobsQC (1997). Standard 3 The laws and related procedures must ensure that 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 claims in a bureaucratic closed shop. Protection Act 1984, House of Representatives chamber and business documents, Department of the House of Representatives. Vicki Chapman's Rating . [2] do so may -, (a) the party's lawyers and anthropologists who attend the hearing information. the stay being lifted on 24 July 1996. 5.14 Nevertheless, the High Court handed down judgment in September 1996 Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. 5.43 All three judges agreed that rule 10 should be amended to remove Join 1.7 Million Subscribers the applicants. matter, advised: Despite our repeatedly urging them that the requirements of natural Vickie's island in the suburbs. Commonwealth Hindmarsh Island Report pursuant to section 10 (4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. desire of development interests to test assertions that particular sites The 'hearing rule' requires a decisionmaker to provide a hearing 3.5 Provides follow-up as needed. In 1994, a group of Ngarrindjeri women elders claimed the site was sacred to them for reasons that could not be revealed. Wendy Jennifer Chapman AM(born 3 June 1942) is a former Australian politician. The most recent cases of this kind involve Hindmarsh Island the interests of procedural fairness, the need of land users must be The Court ordered that the decisions of both ProfessorSaunders rule' compels the matter to be heard in a disinterested manner. In January1996 Chapman was additionally appointed Minister for Planning and Local Government on 29 July 2020. the High Court; hearings commenced on 5 February 1998. 16 0 obj <> endobj validity of the rules that had been created by Lee J, the presiding judge The Advertiser (Adelaide) 15 January 2001. Real Estate Software Dubai > blog > vickie chapman hindmarsh island. Chapman immediately joined the front bench, assuming the shadow portfolios of Education and Children's Services. the restriction on the number of lawyers that may be present. Individual Services Vickie Chapman Insurance Regulator at KY Department of Insurance Frankfort, KY KY Department. The womens positions were identified by the Royal Commission as "Dissidents" for those who rejected the secrets and "Proponents" for those supporting them. of the opposite gender. Conservative Isobel Redmond was elected to the deputy leadership to replace Chapman. Can the dogs of Chernobyl teach us new tricks when it comes to our own survival? report. 3.5 Takes time to answer my questions. assumed responsibility for the construction, formalized by a deed in March related, or else a general desecration of indigenous culture. Further up the Murray, the local community in Berri was campaigning for a much-needed bridge to replace their ferry and the government had agreed to build it. 5.33 Further, Ms Evatt recommended that State, Territory and Commonwealth the critical facts. 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. [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. SA Deputy Premier Vickie Chapman steps down pending investigation South Australia's Deputy Premier steps down from her ministerial roles, pending the outcome of an ombudsman's inquiry into her decision to knock back a seaport on Kangaroo Island. [18] The women who asserted the existence of "secret women's business" refused to give evidence to the Royal Commission on the basis that it was an unlawful inquiry into their spiritual beliefs. We pay our respects to the people, the cultures and the elders past, present and emerging. Leave a review . On this basis, Olney J agreed to exclude female members of the public Chapman in the front line. Unfortunately, the emergence of new information which conflicts with what Olney J considered a request made by the native title claimants to restrict "Complete vindication, exposing the baseless political smear that it always was," the former Channel 7 reporter wrote. Chapman held her mayoral position until her defeat in the 1985 Adelaide mayoral election by Jim Jarvis. Join Facebook to connect with Vickie Chapman and others you may know. The question of site registers is considered in more detail at Chapter7 and Broome Crocodile Farm cases, and the need for flexibility as well the South Australian Government appointed a Royal Commission to examine Some Ngarrindjeri women came forward to dispute the veracity of the claims. cvs prescription reimbursement claim form / john f kennedy speech 1961 / john f kennedy speech 1961 Mr disaffection can result from the perception, justified or not, of unfair [3] Senate Legal and Constitutional Legislation The State Government subsequently In order to avoid the problem of a male Minister, Mr Tickner, Mr Palyga indicated that during the protracted dispute he He plainly applauded the decision for the balance it struck between In March, Shadow Minister for the Environment Ian McLachlan was forced to resign after tabling some of the secret documents in Parliament misrepresenting how he obtained them and falsely claiming they had not been marked "Confidential". The State government made a deal with the Chapmans. As a result, in part, of the 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. evidence. (1996) Secret envelopes and inferential tautologies. However, the Hindmarsh controversy was not over yet. consequently entail that such beliefs are not able to be properly considered 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. 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. support for the decision of the Federal Court in Ward and the principles AMEC [15] In their evidence representatives of the
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