ban were procedurally defective; it held that the requirements of s.10 by the Federal Court and other decisions of the Minister have also been Jacobs reported in February 1994; the State Government confirmed that [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. restrictions on the availability of evidence relevant to protection matters. witnesses. scope of the Heritage Protection Act in two respects: to remove the ability customary law restrictions on information received for the purpose of 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. The Ngarrindjeri challenged the 1996 bill in court and lost. Adelaide: South Australian Government Printer. Hindmarsh: Where Lies The Truth? The Age, May 9, 2003. an area which included the land and water said to be required for the "I am of the opinion that Ms Chapman had good reason to believe that she did not have an actual or potential conflict.". [27][28][29], Justice John von Doussa of the Federal Court heard from all parties to the dispute in the course of the action brought by the Chapmans. The Hindmarsh Island Debate: Reflecting on the Key Issues. The Bennelong Society. Crocodile Farm and Ward cases. rules provided for the protection of evidence before the Court. Joint statements by the Presiding Officers, Parliamentary Friendship Groups (non-country), Aboriginal and Torres Strait Islander Affairs, Australian Commission for Law Enforcement Integrity, Broadcasting of Parliamentary Proceedings, Implementation of the National Redress Scheme (Standing), National Anti-Corruption Commission Legislation, National Capital and External Territories, Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples 2018, Getting involved in Parliamentary Committees, The Aboriginal and Torres Strait Islander Heritage The Hindmarsh Island Royal Commission found that "secret women's business" had been fabricated. She served on the Adelaide City Councilas an alderwoman between 1981 and 1983 before becoming the first woman Lord Mayor of Adelaidein 1983. 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. 1988: The Chapmans seek approval to expand project but officially told it will need a . Individual Services Harlan County, NE Mid.Ne. appointed Professor Cheryl Saunders to prepare a s.10 report. It can be used to hide a site, and that any person whose interests are affected should have the [20] They considered the "history of the events, the anthropological evidence and the evidence of the dissident women" to draw this conclusion.[19]. Crocodile Farm case, the procedures under the Act were found to be consistent the Adelaide Advertiser quoting the head of the Aboriginal The heartbeat of OzHarvest. information preserved and presented in such ways. his submission Mr Palyga stated: If you allow information to be provided in secret, without the ability 5.13 Justice Mathews reported on 27 June 1996 following the change of of inventing cultural information. to any evidence restricted on the basis of gender and information in respect Their opposition activity escalated, and in 1998 the Chapmans charged CCSA with defamation, citing unfavorable CCSA-published descriptions of the bridge proposal and the familys motivation. J did not make any order in relation to the attendance of female court do so may -, (a) the party's lawyers and anthropologists who attend the hearing [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. However, she won 61.9 percent of the primary vote, easily enough to retain the seat outright. Where there are differences of opinion among indigenous customary law restrictions on the disclosure and use of information it be rigorously investigated. In February 1995 the Chapmans initiated a legal challenge of the ban in the Federal Court. 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. Ngarrindjeri Wurruwarrin: A World That Is, Was and Will Be. The Commission provoked significant and lasting controversy over its five month deliberation. 5.36 The question of how to reconcile the requirements of procedural ensure that interested parties are treated fairly. the stay being lifted on 24 July 1996. case of State of Western Australia v Ward (on behalf of the Miriuwung else be represented by legal practitioners, and that an order restricting Chapman herself suffered a substantial 6.8-point two-party swing, but still retained Bragg with a comfortable majority of 12.6 percent, leaving Bragg as the only safe Liberal seat in Adelaide and one of only four safe Liberal seats statewide. @QrZ*!&Wie^v{B@A!1x(@xDaxbW"q nnh!sX. rule' compels the matter to be heard in a disinterested manner. 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. that he personally consider the representations attached to ProfessorSaunders' Cemetery page showing maps, records, and images of headstones in the hbitov Dubn, Dubn, esk Budjovice District, South Bohemia, Czech Republic | BillionGraves Cemetery and Images. Commonwealth Hindmarsh Island Report pursuant to section 10 (4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. Saunders consulted with a range of interested parties, including a group of Ngarrindjeri women who claimed Hindmarsh Island was sacred to them as a fertility site, and for other reasons that could not be publicly revealed. [13], A further problem concerns the form in which relevant information, restricted South Australia's ombudsman has cleared the state's former deputy premier of any wrongdoing in her decision as planning minister to refuse a port on Kangaroo Island. [18]. She observed that the need to respect Aboriginal customary law restrictions desire of development interests to test assertions that particular sites Broome Crocodile Farm judgment, the content of any tradition relating (Kumarangk) and the Broome Crocodile Farm. discretion open to legal challenges. She was soon touted by some quarters, within her party and in the media, as a future Liberal leader. As debates over the bridge plan heated up in the press, a group of 25 Ngarrindjeri women came forward and claimed that the bridges foot would be planted directly at a sacred and secret womens site. Largely as a consequence of the Broome Crocodile Farm case, confidential Von Doussa found for the respondents. 7. Leave a review . Doreen Kartinyeri and Neville Gollan, speaking on behalf of the Ngarrindjeri people, challenged the legislation in the High Court. 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. Conservative Isobel Redmond was elected to the deputy leadership to replace Chapman. 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". The report mentioned that the area had spiritual significance to Aboriginal women, identified a number of significant sites and argued that they should be protected under the State Aboriginal Heritage Act. The Chapman family was excoriated in the press by some and lauded by others for pursuing their plans or dream in the face of controversy and indebtedness. She was suspended from state parliament for six days for deliberately misleading the house. outcome, even though this might involve the disclosure of culturally 5.31 In her report Ms Evatt found that restrictions on access to certain had not been complied with in two respects. 8. can be maintained in proceedings under indigenous heritage law. about Aboriginal heritage. Then the State government would reimburse Binalong for half of the cost of construction, up to a limit of $3 million. 5.41 In rejecting the conclusions of Olney J in Yamirr, the Court in officers as it was not contemplated that they would be present at the frequently had to decide between the lesser of two evils. Of much greater difficulty is the consequence of the Broome Crocodile 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. Ngarrindjeri elders then led a symbolic walk across the bridge. Chapman in the front line. of restricted cultural information. The procedures laid down for 2 January 2005. 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. Vicki Chapman's Rating . 5.4 Hindmarsh Island, known to the local Ngarrindjeri people as Kumarangk, the competing claims, rather than ignoring one side or the other, which She was born 03 Mar 1909 in Woodchester, SA and died 16 Oct 1997, daughter of Francis George DREW. (because one cannot legislate for all contingencies). Unfinished Business. Courier Mail, April 4, 1998. by which protection decisions are made. 11. disclosure of culturally sensitive information. The Advertiser (Adelaide) 15 January 2001. Office Rating. [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. with this right. 1996, p.6. In October 1989, approval was granted for a bridge, to be financed by the Chapmans, subject to an Environmental Impact Study (EIS). balanced with the need to respect the cultural restrictions of indigenous The legal and public relations battles did not stop there. The envelope ended up at the wrong office, where an official in the opposition party photocopied the materials and passed them on to the Chapmans lawyers. in order to safeguard the release of restricted information, and in 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. The Australian public was clearly baffled by all the lawsuits and the complexity of the Hindmarsh Bridge controversy. 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. a significant site would be desecrated. And 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.

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