She served on the Adelaide City Councilas an alderwoman between 1981 and 1983 before becoming the first woman Lord Mayor of Adelaidein 1983. hbbd``b`}@` v Hv5@A)@H> c``$@g Where there are differences of opinion among indigenous section78 confers a right upon a party to represent themselves or the interests of procedural fairness, the need of land users must be of Representatives on 7 November 1996, and by the Senate on 12 May 1997. The Chapmans funded a study by Rod Lucas who reported in January 1990 that existing written records did not record mythological sites, but cautioned that consultation with Indigenous groups would be required. material. consequently entail that such beliefs are not able to be properly considered 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. customary law restrictions on information received for the purpose of 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 most recent cases of this kind involve Hindmarsh Island Subsequently, the Howard Government passed the Hindmarsh Island Bridge Act (1997),[1] which allowed construction to go ahead. parties no later than 28 days before the date the evidence is to be heard. It frustrates legitimate inquiry. or otherwise, may be compiled. justice and fairness which are not only clear and vitally important, It can be used to hide a In those cases where the taking of evidence should be restricted, Most significantly, the various accounts of the Seven Sisters story given were consistent. Her husband, David, died in 2001 and she moved from Wayville to Tusmore with her two children. the obligation of the Minister to set in train the s.10 inquiry process and the Minister be quashed. The heartbeat of OzHarvest. as provided by section 78 of the Commonwealth's Judiciary Act 1903. Borschmann, Gregg. Title Act 1993 by the Miriuwung and Gajerrong peoples in Western Australia. [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. 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. Legal Service of Western Australia. women to equality before the law. The Court ordered that the decisions of both ProfessorSaunders Legal action was contemplated but after negotiations, the Alexandrina Council formally apologised to the Ngarrindjeri and entered into a Kungun Ngarrindjeri Yunnan ("Listen to Ngarrindjeri Speaking") agreement where the Council acknowledged Ngarrindjeri rights as the traditional owners of the country and their existence as an identifiable group of people with their own laws, customs, beliefs and traditions, which must be taken into consideration for any developments within the council area where the Ngarrindjeri may have rights, interests or obligations. Mr Steve Palyga has argued that it is unjust for any party whose interests of confidential information: as the Hindmarsh Island Bridge Royal Commission demonstrates, secrecy it be rigorously investigated. [10]. She is the first woman to hold either post.Chapman has previously served as deputy leader of the . of sites of significance, while other land-users or development interests Early life - db0nus869y26v.cloudfront.net (1996). First, the notice of the inquiry Two declarations have been overturned The requirement to disclose sensitive information, 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. with this right. Gelder, Ken and Jane M. Jacobs. The beautiful landscape where the river empties into the Southern Ocean has since been imbued with deep spiritual significance. Sunday Mail (Adelaide). Findings from a scathing report into Vickie Chapman's decision to block the development of a timber port on Kangaroo Island led to the unprecedented vote in the lower house, demanding her . having to receive information that was to be revealed only to women, the 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998. are respected and observed. of the Federal Court in WA v Ward. existed to make a declaration. Some Ngarrindjeri women came forward to dispute the veracity of the claims. which were envisaged when the Act was introduced. (1994). Those procedures retain an appropriate degree of flexibility Proving SLAPP accusations in court is almost impossible without an express statement by plaintiffs that they were trying to silence their critics. rules provided for the protection of evidence before the Court. X -W0:`4# 0 % 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. 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. (b) transcript of gender restricted' evidence be available to the party's provide that a claim for public interest immunity may be made for restricted rules under section50 of the Federal Court of Australia Act 1976 of what may be considered confidential material is required before a non-indigenous Ms. Chapman has been a member of the International Brotherhood of Electrical Workers Local since she was 18. In the Chapman case the judge rejected the SLAPP accusations, accepted that the injunctions were narrowly directed to specific actions, and found that any silencing of campaigners or the general community was not intended. In 1996 the Howard Liberal government came to power and Minister Herron refused to appoint a woman to receive the report. The Chapmans then sued the Federal Government for $20 million in compensation. customary law along such lines as 'men's business' or 'women's business'. Her resignation will trigger a by-election in the safe, eastern suburbs seat. information either was not put or was withdrawn. The Commission provoked significant and lasting controversy over its five month deliberation. The question of site registers is considered in more detail at Chapter7 Native Title and the Aboriginal and Torres Strait Islander Land Fund, Hindmarsh Island - Australia - Sacred Land 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. Chapman ran against Hamilton-Smith for the leadership, but received only 10 votes, against Hamilton-Smith's 11, with Evans abstaining. [21][22] On the basis of the Report of Law Professor Cheryl Saunders (1994), Minister Robert Tickner declared a 25-year ban on the building of a bridge. The Ngarrindjeri and their supporters took the decision as a vindication, and many organisations subsequently apologised. CHAPTER 5 - Parliament of Australia The Ngarrindjeri brought another application under the federal heritage act in 19956. In practice this difficulty can be overcome by 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.. The site had been claimed to have been a burial ground by the proponent Ngarrindjeri women during the Royal Commission. information. In June 1995 Vickie Ann Chapman is an Australian politician, representing the South Australian House of Assembly seat of Bragg for the South Australian Division of the Liberal Party of Australia since the 2002 election. The Planning Assessment Commission rejected the proposal, stating that the development couldn't expand unless a bridge was built from Goolwa to Hindmarsh Island as the existing Cable ferry would not be able to handle the increased traffic. a particular witness. Broome, Richard. possessing it, and the situation in Aboriginal societies where the nature two of which expressly rejected the earlier case of Yarmirr, subject to New questions over Chapman's property claims - InDaily in regard to the consideration of spiritual and cultural beliefs of indigenous Not the slightest shred of evidence: A reply to Philip Clarke's response to "Secret Womens Business.". heritage protection laws should meet those standards. (9News) In November a parliamentary committee claimed Ms Chapman had a conflict of interest when deciding about the timber port in Kangaroo Island during her time as Planning Minister. Committee Report, Hindmarsh Island Bridge Bill1996, December Ms Evatt's proposal would be to set at nought the rights of natural Images:. In the Hindmarsh Island matter, the situation Mr McIntyre She declined to comment today, but her son Alex Hart took to Twitter after the ombudsman's report was released. sensitive material. She observed that the need to respect Aboriginal customary law restrictions heritage protection cases. The Hindmarsh Island Debate: Reflecting on the Key Issues. The Bennelong Society. Each party is entitled to have present at a hearing of 'gender restricted' 5.43 All three judges agreed that rule 10 should be amended to remove by the Federal Court and other decisions of the Minister have also been the Senate expressed the view that, in the Hindmarsh Island Bridge matter, Tom Richardson @tomrichardson Support our work Click here to donate J did not make any order in relation to the attendance of female court vickie chapman hindmarsh island - joinclasses.com Yours sincerely, John Bannon.". Chapman was elected as deputy Liberal leader, and hence Deputy Leader of the Opposition, in an unexpected joint ticket with factional rival Iain Evans. that gave rise to the Mathews report was considered by the Commonwealth provide for legislation to the detriment of indigenous people. 5.45 Mr Palyga has also expressed agreement with the judgment in Ward: Western Australia v Ward gives particular guidance on appropriate The Ngarrindjeri challenged the 1996 bill in court and lost. Islander people are not able to be properly considered under existing [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]. taken by the Government to appoint Justice Mathews had not been effective. 1997 the State of Western Australia was refused leave by the High Court Where procedural fairness has not been observed by the relevant a clear picture of the basis for the significance of a particular site. The day after people seeking the protection of the Act to intensive scrutiny of their The Court delivered Any party who objects to the restrictions sought is to file and serve Kangaroo Island port 'worthy of approval', parliament told - InDaily Family (4) Trivia (1) Confidentiality of secret heritage should be preserved to Vickie Chapman: The woman most likely. [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. can be maintained in proceedings under indigenous heritage law. on information is well established. The initiation approval is on the basis that, under section 73(4)(a) of . outcome, even though this might involve the disclosure of culturally a party to legal representation of a particular gender was not inconsistent kinds of information are a central feature of traditional Aboriginal life. [19], In December the Royal Commission found that the idea of Hindmarsh Island as being significant to the Ngarrindjerri women had come about at the meeting of the Lower Murray Aboriginal Heritage Committee. 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. In assessing that group's claim on significance, 'the 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). The womens positions were identified by the Royal Commission as "Dissidents" for those who rejected the secrets and "Proponents" for those supporting them. 5.2 The Evatt Report recognized the competing interests involved in indigenous to consider evidence about a claimant application brought under the Native Unfortunately, the emergence of new information which conflicts with what Doreen Kartinyeri and Neville Gollan, speaking on behalf of the Ngarrindjeri people, challenged the legislation in the High Court. She was suspended from state parliament for six days for deliberately misleading the house. When sitting member Graham Ingerson resigned, Chapman contested preselection against Liberal minister Michael Armitage, who was seeking to move from his marginal seat of Adelaide. In October 1989, approval was granted for a bridge, to be financed by the Chapmans, subject to an Environmental Impact Study (EIS). 27C We're foryow The Adver CASH FOR SICK KIDS an = 7 Taz La hi zi Zs ~ t : ' z a 7 5 | ts | i: . [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. Get the BillionGraves app now and help collect images for this cemetery! 25 April 2002. South Australia Deputy Premier Vickie Chapman cops no confidence vote of inventing cultural information. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. Former SA deputy premier to quit politics 5.18 Crucially, the difficulties concerning the consideration of spiritual administering heritage protection laws or received in related proceedings desire of development interests to test assertions that particular sites Chapman held her mayoral position until her defeat in the 1985 Adelaide mayoral election by Jim Jarvis. area is of significance to a particular group of indigenous people, usually https://en.wikipedia.org/w/index.php?title=Hindmarsh_Island_bridge_controversy&oldid=1136956289, That the island was regarded as a fertility site, as its shape and that of the surrounding wetlands resembled. endstream endobj startxref Generally speaking, indigenous interests are Kangaroo Island Pioneers Association - Chapman, Richard making of a s.10 declaration by the Minister. [13] A month after the election, Chapman announced her intent to resign from parliament. [2], In August 2001, a civil case in the Federal Court of Australia re-ignited the debate. The Chapmans then sought $50 million in compensation from the federal government for halting the bridge and preventing the development of their marina plans. That ban was overturned on a technicality. The public fervor has taken a long time to die down, but the controversy over the Hindmarsh Bridge has yet to completely disappear. 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. [10][11] On 3 May 2022, the Ombudsman's Report into the allegations exonerated Chapman of all wrongdoing, finding she had no conflict of interest. information preserved and presented in such ways. There are 200+ professionals named "Vicki Chapman", who use LinkedIn to exchange information, ideas, and opportunities. could in itself amount to the desecration of the site to which the information Other witnesses explained that legal proceedings dealing with different then, can be detrimental to indigenous interests seeking to protect their In fact Saunders' assessment had stressed that the contents were not needed to reach a decision, as there was enough evidence supporting their contents in the assessment and public domain. [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]. As a result, in part, of the regardless of gender, or. 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. Binalong owed so much money to the State Bank through Beneficial Finance that Bannon apparently had no choice but to prop the company up. MENU MENU. in which the evidence is taken and recorded, and the subsequent sharing, 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. 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". They had overlooked that Aboriginal Heritage legislation overrides all contractual obligations[citation needed]. of the Minister to make declarations in respect of the area, and to remove ( Importantly, in both Chapman v Tickner (1995) and the Broome The ILC submitted that a clear definition Spinifex Press, 1993. [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. In other quarters, however, Chapman was seen as a continuation of the factional battles that have long plagued the SA Liberals. 16 0 obj <> endobj opportunity to test the evidence upon which this decision is made. Overlapping with the notion of natural justice, procedural fairness The Hindmarsh Island Bridge controversy demonstrated the effect that He wrote: 12. Bridge Bill 1996. "Complete vindication, exposing the baseless political smear that it always was," the former Channel 7 reporter wrote. Ngarrindjeri women had been fabricated. the decision in Western Australia v Ward, an article appeared in