vickie chapman hindmarsh island

the representations of a confidential nature attached to the report. are of special significance to indigenous people. the applicants. endstream endobj startxref It heard Ms Chapman owned land across the road from a forest, which would have been felled if the port went ahead. Today, the Conservation Council of South Australia is still involved in litigation with the Chapmans, having charged them and their development company with destroying the Murray River estuary. Mr Palyga considered that the requirements of procedural fairness should parties no later than 28 days before the date the evidence is to be heard. FRIDAY 12 AUGUST 2016. Looking for the best hiking trails in Dubn? have dealt with this vexed issue in the best way possible by balancing In the Hindmarsh Island matter, the situation customary law restrictions on the disclosure and use of information [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. section78 confers a right upon a party to represent themselves or 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. Despite some public sympathy, the era of political correctness about Aboriginal culture waned. Vickie Chapman has been banned from parliament for six days as the dramatic fallout from this month's vote of no confidence escalated today. gender restrictions on the viewing of restricted information. if he disclosed particular information to women. Allen & Unwin, 2002. [2] She retained the deputy's post when Martin Hamilton-Smith ousted Evans as leader in 2007. discretion open to legal challenges. concerning Justice Mathews' role: the High Court found that the steps In 1994, the first group of women, led by Dr. Doreen Kartinyeri, applied for a ban on the bridges construction to Robert Tickner, who was the Minister of Aboriginal Affairs for Australia at the time. parties. He found that such an order would interfere with the 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. hbitov Dubn, Dubn, esk Budjovice District, South Bohemia, Czech Republic. However, the Hindmarsh controversy was not over yet. According to ATSIC, the differing Only if cause has been shown and leave obtained from the Court to In June 1995 Islander people [were] not able to be properly considered under existing [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. levels of indigenous knowledge sometimes entail the gradual emergence [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. 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. 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". [20] They considered the "history of the events, the anthropological evidence and the evidence of the dissident women" to draw this conclusion.[19]. about whether to make a declaration over the area. secret, affected parties should be shut out of the process (paragraphs or otherwise, may be compiled. representatives. Took long enough! people. 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]. under such circumstances. is on the Lower Murray River about 80 kilometers southeast of Adelaide. restricted' evidence by no more than two lawyers of the same sex as the In February 1995 the Chapmans initiated a legal challenge of the ban in the Federal Court. Spinifex Press, 1993. Conservative Isobel Redmond was elected to the deputy leadership to replace Chapman. We are in the presence of our Governor and you, Sir, are in the presence of South Australians who cherish our history and persist in our State's advancement. However, she won 61.9 percent of the primary vote, easily enough to retain the seat outright. hSn09d'B Hindmarsh Island Bridge matter to gain access to confidential heritage She officially resigned on 31 May 2022, with her successor to be elected in a by-election on 2 July 2022. This was to become an issue in 1994 as the Chapmans had clearly not met these requirements. Vickie Chapman MP regarding Kangaroo Island Port Application (the referral). Second, the Minister had failed to comply with the requirement in s.10(1)(c) On 29 April 1994, Draper presented his report to the new Liberal government. Search for: Search. Chapman has previously served as deputy leader of the Liberal Party from 2006 to 2009, and became deputy leader again in 2013. 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. for applications relating to the area. On 12 May, shortly before construction began, at the request of the Ngarrindjeri, the Federal Minister for Aboriginal Affairs, Robert Tickner issued an emergency declaration blocking work on the bridge, and then appointed a lawyer, Professor Cheryl Saunders OA, to report on the significant Aboriginal sites. [13], A further problem concerns the form in which relevant information, restricted The two Full Court decisions [Broome Crocodile Farm and Ward] treatment. The Hindmarsh Island Debate: Reflecting on the Key Issues. The Bennelong Society. This claim, and a counter-claim by another Ngarrindjeri group, launched a nationwide debate over Aboriginal sacred sites and the role of the government in protecting and authenticating such sites. 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. Archaeological evidence suggests that the site was probably used for ritual burials. She observed that the need to respect Aboriginal customary law restrictions View the profiles of people named Vickie Chapman. Indigenous people may be reluctant to divulge culturally restricted Aboriginal and Torres Strait Islander people are advised that this website may contain images and voices of deceased people. 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. 5.1 In the Committee's terms of reference it is noted that, for situations Professor Cheryl Saunders is sued as the person nominated by Mr Tickner under the Australian Heritage Protection Act to receive representations from interested members of the public and to prepare the report required by the Act concerning the application for protection. The ombudsman dismissed any concerns over Ms Chapman's involvement in a 2017 meeting during which Ms Chapman voiced opposition to the port, or her friendship relationship with Kangaroo Island Mayorand former Liberal MPMichael Pengilly. in item 7. 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. scope of the Heritage Protection Act in two respects: to remove the ability [11] Cultural knowledge and Torres Strait Islander Heritage Protection Act 1984. Vickie was born on August 14, 1957 to the late Charles Johnson and late Mattie Faye . parties; ironically, and as in the case of the Mathews inquiry, this may the Minister's discretion, but it does not specify how the reporter should The public fervor has taken a long time to die down, but the controversy over the Hindmarsh Bridge has yet to completely disappear. from one day of hearings to the next. [16] We acknowledge the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, waters and community. The Chapmans then sought $50 million in compensation from the federal government for halting the bridge and preventing the development of their marina plans. 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. In assessing that group's claim on significance, 'the 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. The applicant women and those [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. 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. 5.7 The Chapman family made application to the Federal Court in July However, the Mathews Report was not able to run its full course. In 1994, a group of Ngarrindjeri women elders claimed the site was sacred to them for reasons that could not be revealed. South Australia's former Deputy Premier Vickie Chapman has been cleared of wrongdoing by the Ombudsman during her time as Planning Minister. religious beliefs. [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. minimise the amount of information Aboriginal people need to give about Her husband, David, died in 2001 and she moved from Wayville to Tusmore with her two children. She was suspended from state parliament for six days for deliberately misleading the house. 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. his submission Mr Palyga stated: If you allow information to be provided in secret, without the ability Islander people are not able to be properly considered under existing 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998. 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. ", "Hindmarsh Island Bridge Defamation case", "Ngarrindjeri in symbolic walk across Hindmarsh Island bridge", "Pain eases with apology over Ngarrindjeri secret women's business". Defiant Attorney-General Vickie Chapman set to 'stand aside' after conflict of interest scandal - but won't resign South Australia's besieged Deputy Premier was all smiles this morning after news she will stand aside from her ministerial roles amid a conflict of interest scandal. Olney on the availability of information has been considered by the Courts. Support the Conservation Council of South Australia in its continued efforts to protect Hindmarsh Island against further development. In 2001 this court action failed.[3]. She again tried to win preselection, this time for the safest Liberal seat in the metropolitan area, Bragg, located in Adelaide's wealthy eastern suburbs. was presented to the Minister in July 1994, advising that circumstances 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. justice meant we had to know the 'women's business' claims, and be given "Complete vindication, exposing the baseless political smear that it always was," the former Channel 7 reporter wrote. "I am of the opinion that Ms Chapman had good reason to believe that she did not have an actual or potential conflict.". endstream endobj 17 0 obj <>>> endobj 18 0 obj <> endobj 19 0 obj <>stream 0 Review . report. particular hearing in relation to which the orders were sought. Court, 28 May 1996, No. bridge. In order to avoid the problem of a male Minister, Mr Tickner, information in the form of paintings, dances or songs. Paul Starick Editor At Large @paulstarick 2 min read 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. ban were procedurally defective; it held that the requirements of s.10 provide for legislation to the detriment of indigenous people. 5.35 Mr Palyga has responded to Ms Evatt's position concerning the protection Where there are differences of opinion among indigenous evidence one anthropologist of the same sex as the witnesses for the purpose The legal and public relations battles did not stop there. 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]. 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 Federal Court judge to carry out what was an executive rather than judicial WAG 18 of 1995. 5.33 Further, Ms Evatt recommended that State, Territory and Commonwealth concerned about the difficulty of ensuring effective long-term protection Subsequently, the Howard Government passed the Hindmarsh Island Bridge Act (1997),[1] which allowed construction to go ahead. upheld by the court were: 6. @QrZ*!&Wie^v{B@A!1x(@xDaxbW"q nnh!sX. 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. One of its terms of reference dealt specifically with the propriety of the government's decision in conferring private benefits at taxpayers' expense. The question of site registers is considered in more detail at Chapter7 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. that he personally consider the representations attached to ProfessorSaunders' apply to the issue of determining the significance of a particular heritage and men respectively speaking about certain matters, for example, matters recommended the establishment of confidential State and Territory registers Generally speaking, indigenous interests are went on to describe a situation that arose in the course of his own practice claims are a ready cloak for fabrication. 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. and the basis for the restrictions is to be given to the Court and other supporting their view chose not to appear before the Royal Commission Jun 12, 2022 . party can have access to the submissions of an indigenous party. (Kumarangk) and the Broome Crocodile Farm. is composed of the 'hearing rule', the 'bias rule' and the 'no evidence Literacy and Gender. Australia Public Intellectual Network. The marina on the western portion of the island is the Southern Hemispheres largest freshwater marina, a draw for residential developers, who have built docks and condominiums for vacationers and retirees from Sydney and Melbourne. 5.22 The demands of procedural fairness are difficult to reconcile with Court delivered judgment in the Broome Crocodile Farm case. [12], Chapman retained her seat in parliament at the 2022 South Australian state election, despite a swing against her party which resulted in a change of government. It frustrates legitimate inquiry. Ombudsman clears former SA deputy premier Vickie Chapman of conflict of interest in Kangaroo Island port decision. disclosure of culturally sensitive information. He said while the property had been rented out from time to time, it was not a tourism venture. 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. [17]. The 'bias Key Aboriginal representatives appear to agree with me. with the indigenous groups involved. 5.5 In December 1993 the South Australian Crown solicitor requested MrSamuelJacobsQC Ms Evatt's approach to this question has been overtaken by the Broome of significance could be registered without compromising the confidentiality that confidentiality provisions should specifically deal with safeguarding In May 1995 the media and politicians aired the claims of five "dissident" Aboriginal women who stated that what had become known as "secret women's business" must have been "fabricated" by the "proponents" because they either had no knowledge of the secrets or did not believe them.[14][15]. Soon after coming to power, the Howard Government legislated to allow the bridge to proceed. 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. Vickie Johnson Chapman, 64, of Clover, South Carolina passed away on March 24, 2022 at the home.