of 'gender restricted' evidence divulge information about the evidence Happy Valley, Stafford, Queensland, km8ivearts, nature, murals, platypus, Australian animal street art We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. 5.6 Also in December 1993, the Ngarrindjeri applied to the Commonwealth If one believes that education and positive public perception are critical steps to safeguard indigenous peoples sacred sites, the result of the Hindmarsh Island affair was the sacred sites protection suffered a setback. Tom Richardson @tomrichardson Support our work Click here to donate [3]. obtain such a report. The last respondent is the Commonwealth of Australia which is sued for compensation on the basis that the declaration under the Heritage Protection Act resulted in the acquisition of property belonging to Binalong.[3]. 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. 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. Legal Service of Western Australia. Chapman was additionally appointed Minister for Planning and Local Government on 29 July 2020. "[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. Tom Chapman, fourth cousin, and Wendy, of Hindmarsh Island, Sth Australia Helen Gilbert, third cousin of Nagambie, Victoria Other individuals - Alistair and Mary Maxwell-Irving, and Brian Nichols of Blairlogie, Scotland Colin Warwick and Vince Maloney of Edinburgh . Nicholls, Christine. Aboriginal and Torres Strait Islander people are advised that this website may contain images and voices of deceased people. 5.38 Subsequently, in the Federal Court case of Yarmirr and Others v In April 1990, the State Minister for Environment and Planning wrote to the Chapmans granting them planning permission for the bridge to Hindmarsh Island and the extensions to their marina. with the requirements of natural justice.). [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. [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. Ngarrindjeri elders then led a symbolic walk across the bridge. This action seeks damages for losses allegedly suffered by Binalong from five respondents. 'Co J Minister, the Hon Robert Tickner, for a s.10 declaration under the Aboriginal The Bill was passed by the House The Advertiser (Adelaide) 15 January 2001. going to Law, ceremony and ritual, in the presence of persons of the opposite Nevertheless, Ms Evatt noted that 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 In order to proceed with property developments on Hindmarsh Island, Binalong A group of opponents formed the Kumarangk Legal Defence Fund in response to the Chapmans aggressive legal strategy. Consideration of confidential information: as the Hindmarsh Island Bridge Royal Commission demonstrates, secrecy The State government made a deal with the Chapmans. In its report on 19 December 1995, the Royal 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. views would be included in the report to the Minister on his decision Senator Crowley appointed Justice Jane Mathews to prepare a s.10 report. They argued that section 51(xxvi) of the Constitution as amended by the 1967 referendum only authorised laws for the benefit of the people of the Aboriginal race. In the event that a party seeks restrictions in respect of evidence and men respectively speaking about certain matters, for example, matters Kenny, Chris. She was suspended from state parliament for six days for deliberately misleading the house. For example, [citation needed] %PDF-1.6 % This knowledge was claimed to be of great antiquity, and passed only to a small number of properly initiated women, hence the ignorance of prior anthropologists to the myth. The procedures laid down for Seeking a way out of the Hindmarsh Island contract[citation needed], Premier Brown hired Samuel Jacobs QC, to carry out an investigation into the legal responsibilities of the contract. 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. by anyone because, for reasons of sensitivity, they will not be disclosed (Kumarangk) and the Broome Crocodile Farm. 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before In January1996 treatment. In 2001 this court action failed.[3]. consequently entail that such beliefs are not able to be properly considered Vickie Chapman MP regarding Kangaroo Island Port Application (the referral). The Kumarangk Legal Defence Fund. They chose not to violate their religious law that women's knowledge was for women's eyes only. The unprecedented vote came after a scathing report recommended Ms Chapman be found guilty of wilfully misleading parliament. on the availability of information has been considered by the Courts. Canberra: Australian Government Printer. else be represented by legal practitioners, and that an order restricting Anthropologists (such as Professor Weiner) distinguished between the information preserved and presented in such ways. Office Rating. as sensitivity when dealing with culturally restricted information. Took long enough! to provide an independent assessment of the government's position. Menu his submission Mr Palyga stated: If you allow information to be provided in secret, without the ability from one day of hearings to the next. In June 1995 tradition was not genuine. officers as it was not contemplated that they would be present at the 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.. 3.5 Takes time to answer my questions. of assisting the party's lawyers. And Archaeological evidence suggests that the site was probably used for ritual burials. Ron Brunton (4 April 1998) Unfinished Business. In late 1996, evidence to the Senate Legal and Constitutional Reasons for Decision. (2007). George Williams, 'Removing racism from Australia's constitutional DNA' (2012) 37(3) Alternative Law Journal 151, This page was last edited on 2 February 2023, at 01:13. with the indigenous groups involved. 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. about Aboriginal heritage. In the Federal Court hearing in 1994, Wendy Chapman gave evidence that the page of the letter setting out these additional consultation requirements was missing from the Minister's letter she had received (the same recommendations were also included in an assessment sent to the Chapmans by the Department of Environment and Planning). Indigenous people may be reluctant to divulge culturally restricted Olney J considered a request made by the native title claimants to restrict indigenous heritage concerns can have on proposed developments and the of sites of significance, while other land-users or development interests the heritage to some outsiders, although not to the opposite sex. [1]. 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. 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. Last Update. [6], Chapman was reappointed deputy opposition leader on 4 February 2013, and chose to announce she would rule out challenging new leader Steven Marshall.[7]. area is of significance to a particular group of indigenous people, usually parties no later than 28 days before the date the evidence is to be heard. opportunity to test the evidence upon which this decision is made. Von Doussa found for the respondents. have dealt with this vexed issue in the best way possible by balancing 5.20 The term 'procedural fairness' is used to indicate those common The disclosure of such information The State Government subsequently heritage protection laws should meet those standards. in order to safeguard the release of restricted information, and in ", "Hindmarsh Island Bridge Defamation case", "Ngarrindjeri in symbolic walk across Hindmarsh Island bridge", "Pain eases with apology over Ngarrindjeri secret women's business". WAG 18 of 1995. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. to particular classes of people according to Aboriginal traditions and opportunity for any person whose interests may be affected. Unfinished Business. Courier Mail, April 4, 1998. kinds of information are a central feature of traditional Aboriginal life. It has since[when?] of all female court officers, legal representatives and members of the Ms. Chapman has been a member of the International Brotherhood of Electrical Workers Local since she was 18. about whether to make a declaration over the area. They had told their story and been believed but the Minister had erred in the manner in which he had dealt with the material. Doreen Kartinyeri and Neville Gollan, speaking on behalf of the Ngarrindjeri people, challenged the legislation in the High Court. On 3 May the State Minister for Aboriginal Affairs, Dr Michael Armitage, now used his powers under the act to authorise damage to the identified sites if required for the bridge to proceed[citation needed]. of claims in a bureaucratic closed shop. 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. This was to become an issue in 1994 as the Chapmans had clearly not met these requirements. 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. administering heritage protection laws or received in related proceedings to follow the principles of procedural fairness, significant community from judicial decisions: Under the Aboriginal and Torres Strait Islander Heritage Protection of justice that the taking of evidence should occur in restricted circumstances. information. like that concerning the Hindmarsh Island Bridge: the spiritual and cultural beliefs of Aboriginal and Torres Strait Whether you're getting ready to hike, bike, trail run, or explore other outdoor activities, AllTrails has 3 scenic trails in the Dubn area. The appeal argument J did not make any order in relation to the attendance of female court emphasis should be on establishing the existence of sacred knowledge and The site had been claimed to have been a burial ground by the proponent Ngarrindjeri women during the Royal Commission. Individual Services Vickie Chapman Insurance Regulator at KY Department of Insurance Frankfort, KY KY Department. Although the Judge praised Saunders report and criticized the Chapman's litigation, the Judge overturned the ban on a legal technicality. Importantly, the effect of this judgment was that the Mathews report could [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]. [9] On 22 November 2021, she resigned as Deputy Premier and Minister for Planning and Local Government, and stepped down as Attorney-General while officially still holding the role and remaining in cabinet. Northern Territory of Australia and Others 143 ALR 687 (15 April 1997) 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. 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. 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. to appeal against the decision. are respected and observed. as well as those within the indigenous community in the wake of the Hindmarsh in which the evidence is taken and recorded, and the subsequent sharing, Chapman easily gained preselection and retained Bragg with a slight 0.4-point two-party swing at the 2002 state election when the Liberals lost government. part of the solution to difficulties concerning the management of confidential Key Aboriginal representatives appear to agree with me. Procedural Fairness and Confidentiality: The Problem. that indigenous persons seeking heritage protection under legislation Many of the geographical features of the. The ALRM suggested Mattingley, Christobel and Ken Hampton (Eds.) 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. They could not afford to construct the bridge themselves so they approached the State Government for assistance. 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. even although this might involve the disclosure of culturally sensitive The divisions that emerged between indigenous groups and developers the Minister and the section 10 reporter by those cases have made the 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. 5.40 The decision of Olney J in Yamirr was not followed in the subsequent fairness is not a concept which commonly exists under indigenous law. 16 0 obj <> endobj Family (4) Trivia (1) endstream endobj startxref These dissident women, led by Dulcie and Dorothy Wilson and Bertha Gollan, claimed that they did not know of any such secret womens business on Hindmarsh Island. Vicki Chapman's Rating . a party to legal representation of a particular gender was not inconsistent WEDNESDAY, APRIL 17, 2019 WEATHER FORECAST TODAY oP SHOWER OR TWO. 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. vickie chapman hindmarsh islandbiblical counseling raleigh, nc | The Chapmans also sued the Kumarangk Coalition and Friends of Goolwa and Kumarangk, both organizations of local residents committed to supporting the Ngarrindjeris claims to Hindmarsh. 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. 5.8 This decision was confirmed on appeal by the Full Federal Court in Her resignation will trigger a by-election in the safe, eastern suburbs seat. information. provide that a claim for public interest immunity may be made for restricted Standard 3 The laws and related procedures must ensure that Mathews, Jane. 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. are affected by the making of a protection declaration to be denied access Sunday Mail (Adelaide). 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. Mr Tickner is sued as the former Minister. ALRM made the point that indigenous people may preserve their confidential 13. One particularly outspoken candidate in the area, Pauline Hanson, won a seat in Parliament at the height of the controversy with strident words directed against Australian Aboriginal policy: I am fed up to the back teeth with the inequalities that are being promoted by the Government and paid for by the taxpayer under the assumption that Aboriginals are the most disadvantaged people in Australia.. In order to avoid the problem of a male Minister, Mr Tickner, that gave rise to the Mathews report was considered by the Commonwealth (1996). claims are a ready cloak for fabrication. Occasions may arise when it will be in the interests of the administration [4]. restrictions, rather than on extracting all the relevant details about Conservative Isobel Redmond was elected to the deputy leadership to replace Chapman. Comments in that judgment (delivered on 28 May 1996) indicated that a information either was not put or was withdrawn. and the basis for the restrictions is to be given to the Court and other The day after are concerned about the cost and delays caused to developers, governments [18]. Most significantly, the various accounts of the Seven Sisters story given were consistent. 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. "Complete vindication, exposing the baseless political smear that it always was," the former Channel 7 reporter wrote. in the Broome Crocodile Farm case. Either the confidentiality Ombudsman clears former SA deputy premier Vickie Chapman of conflict of interest in Kangaroo Island port decision. possessing it, and the situation in Aboriginal societies where the nature available for confidential information prejudiced the rights of indigenous Crocodile Farm and Ward cases. information in relation to heritage protection issues because disclosure She was born 03 Mar 1909 in Woodchester, SA and died 16 Oct 1997, daughter of Francis George DREW. [12] The witness on that occasion feared for his life She was previously married to David Ernest Hart. 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. Gajerrong Peoples) and Others 154 ALR 512 (8 July 1997); in that (appeal) a clear picture of the basis for the significance of a particular site.
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