with the indigenous groups involved. significant areas or sites to ensure protection and avoid injury or The key cases in this matter to CCSA immediately countered the injunction, which was lifted. to particular classes of people according to Aboriginal traditions and The heartbeat of OzHarvest. Chapman immediately joined the front bench, assuming the shadow portfolios of Education and Children's Services. Ngarrindjeri elders then led a symbolic walk across the bridge. In September 1990 Beneficial Finance decided to withdraw funding and the Chapmans approached Partnership Pacific, a subsidiary of Westpac, to take over the financing. are concerned about the cost and delays caused to developers, governments Mr Tickner is sued as the former Minister. 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 In October 1989, approval was granted for a bridge, to be financed by the Chapmans, subject to an Environmental Impact Study (EIS). hbbd``b`}@` v Hv5@A)@H> c``$@g The Ngarrindjeri attempted to deliver an envelope labeled Confidential: To be read by Women only to Minister Tickner, which contained a written account of where the site was and why it was sacred. provide for legislation to the detriment of indigenous people. the applicants. Tickner v Chapman (1995) 133 ALR 226. 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. 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. not required of them. Several environmental groups joined in the efforts to prevent the bridge, including the Conservation Council of South Australia (CCSA). As a young girl, Chapman assisted her father in Liberal campaigns for office. to act for Mr Tickner and determine the application. the bridge and Crocodile Farm cases, namely the lack of robust criticism However, this did not end the controversy. was obliged to inform all parties directly affected by the application Aboriginal law and other dictates of our legal system. 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 . A secret meeting was arranged between the Chapmans, Westpac and the government at which it was accepted that the government would pay the whole cost of the bridge while the Chapmans would pay back half at a later date, but only after Binalong had paid off all its debts to Westpac. 0 Review . Unfortunately, the emergence of new information which conflicts with what (1996). Elders now believe it is acceptable for Ngarrindjeri people to use the bridge to gain access to their land and waters, but culturally and morally still reject the bridge. had not been complied with in two respects. [16] Bell, Diane. Act 1984, s.10(1)(c) requires that the Minister personally consider tested. Pty Ltd incurred an obligation to the South Australian government to build Crocodile Farm and Ward cases. Other witnesses explained that legal proceedings dealing with different now prevailing since the Broome Crocodile Farm case; in a supplementary The order quashing the Minister's decision had been stayed, Vickie Chapman's decision to reject a port proposal on Kangaroo Island is under scrutiny. to restricted women's knowledge was either not put to the Mathews inquiry Attorney-General Vickie Chapman is the subject of a parliamentary inquiry. the Minister's discretion, but it does not specify how the reporter should In fact, Tickner is on record in the February court case as stating that his decision was not based on the envelopes' contents. 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 . Soon after coming to power, the Howard Government legislated to allow the bridge to proceed. On 6 September 1996, the majority of the court agreed that the appointment of Justice Mathews was invalid.[24]. Chapman was elected as deputy Liberal leader, and hence Deputy Leader of the Opposition, in an unexpected joint ticket with factional rival Iain Evans. 5.30 Witnesses raised several different approaches to ways in which sites Those procedures retain an appropriate degree of flexibility Get the BillionGraves app now and help collect images for this cemetery! 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. The EIS (the Edmonds Report) was completed within two weeks and identified the need for an anthropological study. The womens positions were identified by the Royal Commission as "Dissidents" for those who rejected the secrets and "Proponents" for those supporting them. Can the dogs of Chernobyl teach us new tricks when it comes to our own survival? 5.43 All three judges agreed that rule 10 should be amended to remove 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. 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. [22]. This has left the Minister's [14][15][16], One of her children is Channel 7 reporter Alex Hart. is a recipe for dissension. Western concept of knowledge separate from the identity of the person as sensitivity when dealing with culturally restricted information. previously may have been said exposes indigenous spokespersons to allegations "While the Smith Bay application outlined increased heavy vehicle traffic on various roads, this did not impact her because she does not live on Kangaroo Island," he said. [citation needed] Borschmann, Gregg. making of a s.10 declaration by the Minister. These occasions may arise where traditional laws and customs prevent women Vickie Ann Chapman is a former Australian politician, representing the South Australian House of Assembly seat of Bragg for the South Australian Division of the Liberal Party of Australia between the 2002 election and May 2022. They had overlooked that Aboriginal Heritage legislation overrides all contractual obligations[citation needed]. The inquiry was ordered by a parliamentary committee, which last November made its own finding that Ms Chapman had a conflict in making the decisionas planning minister. Her top areas of expertise are Vaginal Bleeding Between Periods, Neonatal Ovarian Cyst, Uterine Fibroids, and Ovarian Cysts. Originally numbering around 6,000 members they are the only tribe in Australia whose land lay within 100km (62mi) of a capital city to have survived as a distinct people as recognised in the 2002 Kungun Ngarrindjeri Yunnan Agreement. containing all information relating to cultural heritage with restricted appointed Professor Cheryl Saunders to prepare a s.10 report. Vicki Chapman's Rating . 5.44 In his evidence Western Australian barrister Mr Greg McIntyre expressed vickie chapman hindmarsh island. Von Doussa found for the respondents. Hindmarsh Island Bridge matter to gain access to confidential heritage 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". (Evatt Report pp.xiii,xiv). Partnership Pacific agreed but only with the condition that the State Government paid the entire cost of the bridge. ( Importantly, in both Chapman v Tickner (1995) and the Broome Key Aboriginal representatives appear to agree with me. Committee Report, Hindmarsh Island Bridge Bill1996, December [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. The Act establishes a reporting process as a guide to the exercise of of assisting the party's lawyers. then, can be detrimental to indigenous interests seeking to protect their 9. and the Minister be quashed. 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. VICKIE A CHAPMAN Tonight I preface my remarks by the following observations. of confidential information: as the Hindmarsh Island Bridge Royal Commission demonstrates, secrecy They chose not to violate their religious law that women's knowledge was for women's eyes only. The first stage would incorporate about 500 homes . hSn09d'B 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. [7], 5.23 Mr Palyga described the unsuccessful attempts he made during the A group of opponents formed the Kumarangk Legal Defence Fund in response to the Chapmans aggressive legal strategy. Conservative Isobel Redmond was elected to the deputy leadership to replace Chapman. It frustrates legitimate inquiry. Defiant Attorney-General Vickie Chapman set to 'stand aside' after conflict of interest scandal - but won't resign South Australia's besieged Deputy Premier was all smiles this morning after news she will stand aside from her ministerial roles amid a conflict of interest scandal. Margaret Simons, (9 May 2003), Hindmarsh: where lies the truth? Where procedural fairness has not been observed by the relevant At one point, the Chapmans had initiated twelve legal actions against bridge opponents, including anthropologist Cheryl Saunders, Minister Tickner and several others officials, lawyers and media outlets. The Liberal leadership; The Advertiser (Adelaide). else be represented by legal practitioners, and that an order restricting other lawyers or anthropologists regardless of gender. The veracity of the proponent's women story was not at issue. 5.45 Mr Palyga has also expressed agreement with the judgment in Ward: Western Australia v Ward gives particular guidance on appropriate going to Law, ceremony and ritual, in the presence of persons of the opposite [10]. is that Section 51(xxvi) of the Constitution (the 'race power') does not In Work recommenced and a number of protestors were arrested. 5.38 Subsequently, in the Federal Court case of Yarmirr and Others v of details ; this can give courts an impression that the story had changed rules provided for the protection of evidence before the Court. Tom Richardson @tomrichardson Support our work Click here to donate 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. 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]. The requirement to disclose sensitive information, The Federal Court agreed unanimously The proposal is for up to 2000 homes to be built south of Port Wakefield on both sides of the highway. process burdensome and taken it away from the relatively simple procedures Two Ngarrindjeri elders, Doug and Sarah Milera, also denied knowing of secret womens business, but months later they admitted to having been drunk at the time of their assertion and that they were possibly coerced into making those statements by the Chapmans. Mr Steve Palyga, solicitor for Bridge Bill 1996. Consideration An anthropologist, Dr Deane Fergie, prepared an assessment of the women's claims, which was then submitted to Saunders. if he disclosed particular information to women. Although this knowledge was missing, the Mathews Report of June 1996 nonetheless acknowledges that the area of the proposed bridge was of significance. Comments in that judgment (delivered on 28 May 1996) indicated that a from the hearing but he declined to order the exclusion of female legal 3.5 Explains conditions and treatments. 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. 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. Title Act 1993 by the Miriuwung and Gajerrong peoples in Western Australia. 5.11 Prior to Justice Mathews completing her report, the Full Federal Individual Services Harlan County, NE Mid.Ne. gender and the communication of the details of such matters to persons 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. it is to be understood that restrictions will apply to both the circumstance In 1996, the newly installed Howard government reversed the original Hindmarsh ban, allowing South Australia to proceed with the bridge plan under the auspices of the Hindmarsh Island Bridge Bill of 1996. 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. evidence one anthropologist of the same sex as the witnesses for the purpose are of special significance to indigenous people. of the methods by which the confidentiality of restricted information 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. FRIDAY 12 AUGUST 2016. The Hindmarsh Island Bridge controversy demonstrated the effect that When in opposition the Liberals had campaigned against the Hindmarsh Island Bridge and stopping it was a campaign promise during the election.

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