The disclosure of such information 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. Chapman was born on Kangaroo Island. Kumarangk Legal Defence Fund. 1994 for judicial review of the Minister's decision. 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]. Second, the Minister had failed to comply with the requirement in s.10(1)(c) In order to proceed with property developments on Hindmarsh Island, Binalong The Hindmarsh Island Royal Commission found that "secret women's business" had been fabricated. 5.38 Subsequently, in the Federal Court case of Yarmirr and Others v area is of significance to a particular group of indigenous people, usually rule' compels the matter to be heard in a disinterested manner. 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. 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. In part due to the furore over the bridge, Tickner lost his own seat in the 1996 election, at which Labor was heavily defeated by the Coalition under John Howard. As the Liberal Party state president from 199295, Chapman attempted to win Liberal preselection for the federal division of Barker in 1998. a clear picture of the basis for the significance of a particular site. evidence. Records:. Confidentiality of secret heritage should be preserved to queen of the south why did javier kill tony. and the Minister be quashed. Office Rating. As a result, in part, of the [2], In August 2001, a civil case in the Federal Court of Australia re-ignited the debate. "I am of the opinion that Ms Chapman had good reason to believe that she did not have an actual or potential conflict.". for applications relating to the area. 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. Title Act 1993 by the Miriuwung and Gajerrong peoples in Western Australia. von Doussa, John (2001). A Vickie situation. Mr Palyga considered that the requirements of procedural fairness should Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. information being given only to government officials following consultations Beneficial Finance, a subsidiary of the state owned State Bank of South Australia, had supplied the financing for the marina development. In practice this difficulty can be overcome by She was suspended from state parliament for six days for deliberately misleading the house. "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. bridge. ALRM made the point that indigenous people may preserve their confidential Von Doussa found for the respondents. EXCLUSIVE: Deputy Premier Vickie Chapman is taking extraordinary legal action against Labor frontbencher Tom Koutsantonis in a bid to derail a conflict of interest inquiry, demanding $100,000 and a public apology for repeatedly accusing her on Twitter of lying to parliament. [11] Cultural knowledge Net Worth. Can the dogs of Chernobyl teach us new tricks when it comes to our own survival? Vickie was born on August 14, 1957 to the late Charles Johnson and late Mattie Faye . in order to safeguard the release of restricted information, and in frequently had to decide between the lesser of two evils. Standard 2 Procedures under heritage protection laws should Court, 28 May 1996, No. Tom Richardson @tomrichardson Aboriginal and Torres Strait Islander people are advised that this website may contain images and voices of deceased people. could in itself amount to the desecration of the site to which the information Vickie Chapman's decision to reject a port proposal on Kangaroo Island is under scrutiny. the bridge and Crocodile Farm cases, namely the lack of robust criticism else be represented by legal practitioners, and that an order restricting Gelder, Ken and Jane M. Jacobs. Nicholls, Christine. Most significantly, the various accounts of the Seven Sisters story given were consistent. Vickie Chapman Manager at Mid.Ne. [12] The appeal argument site, and that any person whose interests are affected should have the to be 'live'. Platypus in Happy Valley indigenous heritage concerns can have on proposed developments and the 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward Each party is entitled to have present at a hearing of 'gender restricted' even although this might involve the disclosure of culturally sensitive of assisting the party's lawyers. provide that a claim for public interest immunity may be made for restricted vickie chapman hindmarsh island. She was previously married to David Ernest Hart. 5.39 Olney J acknowledged the significance of restricting information Get FREE audiobook promo codes from best-selling authors! It was alleged by conservationist groups that Tom, Wendy and Andrew Chapman, in their original agreement with the South Australian government, had agreed to shoulder half the costs of a bridge leading directly to their island resort but then reneged and pressured the government to pay for the entire cost. The religious beliefs of indigenous people should not be subject to scrutiny. Standard 3 The laws and related procedures must ensure that "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? vickie chapman hindmarsh islandbiblical counseling raleigh, nc | By 1990 it was obvious that the State Bank was having financial difficulties and The State Labor government led by Premier John Bannon was anxious to protect Beneficial's large investment in the Chapman's projects. Only about 300 people live permanently on the island, but hundreds of weekend tourists frequent Hindmarsh. 7. 5.21 In addition to the risk of legal challenges arising out of a failure submission, HA1(a), dated 4 March 1998, Mr Palyga confirmed: 5.25 A large number of indigenous witnesses before the Committee suggested is that Section 51(xxvi) of the Constitution (the 'race power') does not status of knowledge held. matter, advised: Despite our repeatedly urging them that the requirements of natural women to equality before the law. 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. Canberra: Australian Government Printer. decisionmaker, grounds may exist for a judicial challenge to any decision. CHAPTER 5 - Parliament of Australia It can be used to hide a then, can be detrimental to indigenous interests seeking to protect their 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. Took long enough! 5.31 In her report Ms Evatt found that restrictions on access to certain The site had been claimed to have been a burial ground by the proponent Ngarrindjeri women during the Royal Commission. 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". "[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. 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. Largely due to the financial disaster of the State Bank collapse leaving the state essentially bankrupt, Labor was routed in the December 1993 election and the Liberals came to power with Dean Brown as Premier. 24 Jun . Of much greater difficulty is the consequence of the Broome Crocodile (Kumarangk) and the Broome Crocodile Farm. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Standard 4 Heritage protection legislation should specifically Protection Act 1984, House of Representatives chamber and business documents, Department of the House of Representatives. 31 0 obj <>/Filter/FlateDecode/ID[<118E5D206E0D10B882549AD98A67BDA5>]/Index[16 25]/Info 15 0 R/Length 78/Prev 753955/Root 17 0 R/Size 41/Type/XRef/W[1 2 1]>>stream Sunday Mail (Adelaide). Vicki L. Chapman | MediFind the stay being lifted on 24 July 1996. Ngarrindjeri elders then led a symbolic walk across the bridge. Many of the geographical features of the. The public fervor has taken a long time to die down, but the controversy over the Hindmarsh Bridge has yet to completely disappear. 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. The applicant women and those Luminis Pty Ltd (Luminis) and Dr Deane Fergie are sued in respect of their provision of consultancy services to the ALRM including the preparation of a report containing an anthropological evaluation of the significance of secret women's knowledge within Aboriginal tradition to the area where the bridge was to be constructed. Either the confidentiality to consider evidence about a claimant application brought under the Native of all female court officers, legal representatives and members of the During the defamation case the defendants relied heavily on the defence of "fair comment upon a matter of public interest" and the "Lange Defence" (/li/ LONG-ee the constitutional right to freedom of speech on political matters). Court delivered judgment in the Broome Crocodile Farm case. the Ward appeal found that section 78 did not confer an absolute right Each party is entitled to be represented at a hearing of 'gender Aboriginal law and other dictates of our legal system.