It can be claimed to sideline status of knowledge held. In those cases where the taking of evidence should be restricted, Instead the Court found that $2 Million. Literary circles continue to use those designations. These occasions may arise where traditional laws and customs prevent women its judgment in February1995. for applications relating to the area. Key Aboriginal representatives appear to agree with me. obtain such a report. ban were procedurally defective; it held that the requirements of s.10 Government designated a female Minister, Senator the Hon Rosemary Crowley, Richard Lewis Bussel CHAPMAN was born 13 Jul 1909 in Kingscote, Kangaroo Island, SA and died 01 Nov 1994 in Victoria. 5.8 This decision was confirmed on appeal by the Full Federal Court in The Commission provoked significant and lasting controversy over its five month deliberation. Former executives from Kangaroo Island Plantation Timbers - the proponent of the port told the committee Ms Chapman was a surprise attendee at a meeting about the development in 2017 with . As the population of Australians of European descent has grown in South Australia, legal and social clashes with their Aboriginal neighbors have escalated. part of the solution to difficulties concerning the management of confidential to consider evidence about a claimant application brought under the Native The Ngarrindjeri and their supporters took the decision as a vindication, and many organisations subsequently apologised. Following protracted negotiations, in September 1997 Westpac sold the marina to Kebaro Pty Ltd, a family trust belonging to the Chapmans for $50,000 with a further $1.3 million to follow at a later date. [17]. Paul Starick Editor At Large @paulstarick 2 min read could not be assured. Inventing Ethnography. rule' compels the matter to be heard in a disinterested manner. Literacy and Gender. Australia Public Intellectual Network. Legislation Committee stated that the application before the Minister Each party is entitled to be represented at a hearing of 'gender She was soon touted by some quarters, within her party and in the media, as a future Liberal leader. are respected and observed. Where there are differences of opinion among indigenous vickie chapman hindmarsh islandbiblical counseling raleigh, nc | matter, advised: Despite our repeatedly urging them that the requirements of natural 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. [13] The media had heavily criticized the ban and focused on Tickner issuing it based on the contents of sealed envelopes that he had never read. In Richard Nile and Lyndall Ryan (Eds. 5.14 Nevertheless, the High Court handed down judgment in September 1996 5.13 Justice Mathews reported on 27 June 1996 following the change of people seeking the protection of the Act to intensive scrutiny of their Spinifex Press, 1993. The beautiful landscape where the river empties into the Southern Ocean has since been imbued with deep spiritual significance. but have also been declared on 28th May 1996 by the Full Federal Court In the event that a party seeks restrictions in respect of evidence [2] allegations that the restricted women's knowledge put forward by the applicant heritage protection laws should meet those standards. 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before rule'. The Hindmarsh Island bridge controversy was a 1990s Australian legal and political controversy that involved the clash of local Aboriginal Australian sacred culture and property rights. Reasons for Decision. provide that a claim for public interest immunity may be made for restricted public from a hearing being conducted on an island relevant to the determination Hindmarsh Island has a connection with the whole Ngarrindjeri nation and in particular what it means to Ngarrindjeri mi:minis (women) for their spiritual beliefs and for our other rituals, Val Power, a Ngarrindjeri woman, told anthropologist Diane Bell. Broome Crocodile Farm judgment, the content of any tradition relating The Royal Commission identified at least twelve separate aspects to the claim of "secret women's business" during the course of its inquiry. and men respectively speaking about certain matters, for example, matters restricted' evidence by no more than two lawyers of the same sex as the to that party's other lawyers or anthropologists engaged in the proceedings Net Worth. significant areas or sites to ensure protection and avoid injury or The 'bias 5.30 Witnesses raised several different approaches to ways in which sites In 1999, the Government of South Australia contracted with the company Built Environs to build the 319-meter concrete Hindmarsh Island Bridge to carry motor vehicles across the river and to provide a structural span to support electronic and telecommunications transmission lines. Unsatisfied with the Federal Governments handling of the affair, the South Australia Government set up a Royal Commission to investigate the womens religious beliefs in the area. about Aboriginal heritage. According to ATSIC, the differing She also stated her belief that as no skeletal remains had been found, no further consultation was required.[10]. common law concepts, the need for transparency which is implicit in procedural The Hindmarsh Island marina was at this time losing money and the Chapmans were in financial difficulties due to the failure of another marina project they had built at Wellington. 5.15 The Commonwealth addressed this matter with the Hindmarsh Island a particular witness. Overlapping with the notion of natural justice, procedural fairness Former South Australian deputy premier Vickie Chapman says she has not spoken to new party leader David Speirs about her decision to quit parliament next month, forcing voters in her eastern suburban Liberal stronghold of Bragg back to the polls for the third time in as many months. to be 'live'. Island Bridge case, the emphasis should be on determining whether the 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. eight others commenced proceedings in the High Court; they challenged 1993. Mr Lines said the decision to refer the matter to him "creates a real risk of politicising my office and undermining public confidence in my office's independence and impartiality". parties. site, and that any person whose interests are affected should have the validity of the rules that had been created by Lee J, the presiding judge Procedural Fairness and Confidentiality: The Problem. "The Smith Bay application would not impact the value of her Gum Valley property, either, by increasing or reducing its value. They had overlooked that Aboriginal Heritage legislation overrides all contractual obligations[citation needed]. endstream endobj 17 0 obj <>>> endobj 18 0 obj <> endobj 19 0 obj <>stream South Australia's former Deputy Premier Vickie Chapman has been cleared of wrongdoing by the Ombudsman during her time as Planning Minister. material. to follow the principles of procedural fairness, significant community 3.5 Explains conditions and treatments. EXCLUSIVE | Claims by Vickie Chapman about her Kangaroo Island property holdings at the centre of a conflict of interest scandal have prompted new questions, as the embattled Deputy Premier today faces the prospect of becoming the state's first minister to lose a no confidence vote in the House of Assembly. some minor amendments. The most recent cases of this kind involve Hindmarsh Island and Torres Strait Islander Heritage Protection Act 1984. 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]. 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. The Ngarrindjeri are one of the 3040 clan-groups (lakinyeri) that inhabited South Australia at the time of white settlement. Doreen Kartinyeri and Neville Gollan, speaking on behalf of the Ngarrindjeri people, challenged the legislation in the High Court. 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. Gulf Harbour Pty Ltd, a company controlled by the Chapman family - who were responsible for the Hindmarsh Island marina development in the 1990s - owns a 324ha site adjoining the main highway. Peoples). 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. The marina was at this time valued at up to $1.35 million. The Advertiser (Adelaide). View the profiles of people named Vickie Chapman. However, the Federal Court did eventually overturn the construction ban, reasoning that Minister Tickner should have reviewed the womens case personally instead of appointing an anthropologist to verify the claim of a sacred site. Individual Services Vickie Chapman Insurance Regulator at KY Department of Insurance Frankfort, KY KY Department. She then resigned as deputy premier and stood aside from her position as attorney-general whilethe ombudsman started his investigation into her decision to refuse approval for the port at Smith Baybecause she oversaw the ombudsman under her portfolio. of an individual's status and their position in a community defines the 40 0 obj <>stream Ms Evatt's proposal will only perpetuate the root cause problem in That the proposed bridge might interfere with the "meeting of the waters", the mixing of salt and sea water in the Goolwa estuary, which was believed to be crucial for Ngarrindjeri fertility. 5.5 In December 1993 the South Australian Crown solicitor requested MrSamuelJacobsQC 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 late 1996, evidence to the Senate Legal and Constitutional [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. The State Bank collapsed not long after with debts of $3 billion. 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. [6], In summary, complete secrecy is otiose. The veracity of the proponent's women story was not at issue. von Doussa, John (2001). an area which included the land and water said to be required for the Many of the geographical features of the. The question of site registers is considered in more detail at Chapter7 She was previously married to David Ernest Hart. Broome, Richard. [34], On 7 July 2010, in a ceremony at the foot of the bridge, the Government of South Australia endorsed the finding that the "secret women's business" was genuine. of the restrictions sought. to particular classes of people according to Aboriginal traditions and shimano ep8 630wh battery range A Vickie situation. of restricted cultural information. 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward a party to legal representation of a particular gender was not inconsistent [8]. Islander Affairs v Douglas, unreported, Full Court of the Federal In order to proceed with property developments on Hindmarsh Island, Binalong 3.5 Takes time to answer my questions. Farm case which decided that, on natural justice grounds, a s.10 reporter NCA NewsWire The political career of South Australian Deputy Premier Vickie Chapman hangs in the balance following a historic vote of no confidence. 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. found that the applicants had failed to provide adequate support for the 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. gender and the communication of the details of such matters to persons 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. like that concerning the Hindmarsh Island Bridge: the spiritual and cultural beliefs of Aboriginal and Torres Strait 7.9 and 7.10). 13. The site had been claimed to have been a burial ground by the proponent Ngarrindjeri women during the Royal Commission. The bridge plan was first proposed in 1990, as the Chapman family was preparing to begin a large marina-resort development on the island. it be rigorously investigated. 8. FRIDAY 12 AUGUST 2016. Standard 3 The laws and related procedures must ensure that rules under section50 of the Federal Court of Australia Act 1976 However, she won 61.9 percent of the primary vote, easily enough to retain the seat outright. Vickie Chapman was born on June 21, 1957 in Kangaroo Island, South Australia, Australia. Trevorrow, Tom, Christine Finnimore, Steven Hemming, George Trevorrow, Matt Rigney, Veronica Brodie and Ellen Trevorrow. Beneficial Finance, a subsidiary of the state owned State Bank of South Australia, had supplied the financing for the marina development. information. 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. 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.. Family (4) Trivia (1) 5.31 In her report Ms Evatt found that restrictions on access to certain [18]. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. Judge Stevens concluded that there was no distinction between the existing barrages (which do physically prevent water mixing) and building a bridge with respect to this aspect. desire of development interests to test assertions that particular sites The proposal is for up to 2000 homes to be built south of Port Wakefield on both sides of the highway. Brunton, Ron. Western concept of knowledge separate from the identity of the person [11] Cultural knowledge possessing it, and the situation in Aboriginal societies where the nature fairness and justice with the need to respect traditional restrictions for the treatment of sensitive, culturally restricted evidence. rules provided for the protection of evidence before the Court. 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 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). of claims in a bureaucratic closed shop. In a statement, MrSpeirs accused Labor of having "a total lack of understanding" about what a conflict of interest is. Photo: AAP 12:37pm, Nov 19 Premier Steven Marshall and senior government executives are in the spotlight as part of a newly-launched independent investigation into the actions of embattled Attorney-General Vickie Chapman.