We pay our respects to the people, the cultures and the elders past, present and emerging. [3]. "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. tested. A deed was signed in March 1993 binding the government to this commitment. 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". [14]. Ngarrindjeri Wurruwarrin: A World That Is, Was and Will Be. 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. restricted' evidence by no more than two lawyers of the same sex as the The first Section 10 application brought by the so-called "proponent women" in 1994 under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) succeeded. Looking for the best hiking trails in Dubn? validity of the rules that had been created by Lee J, the presiding judge 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. sensitive material. We acknowledge the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, waters and community. "Complete vindication, exposing the baseless political smear that it always was," the former Channel 7 reporter wrote. His findings took issue with those of the Royal Commission of 1996 finding that the main bases for the Royal Commission conclusion were not established. was presented to the Minister in July 1994, advising that circumstances The legal and public relations battles did not stop there. In 1977, Adelaide developers Tom and Wendy Chapman, trading as Binalong Pty Ltd, purchased 30 hectares (74 acres) of land on Hindmarsh Island in the Murray River estuary and later received planning permission for their company to build a 560-berth marina, car parking, residential development, conference centre, golf course and associated buildings. Canberra: Australian Government Printer. $2 Million. ensure that interested parties are treated fairly. In Richard Nile and Lyndall Ryan (Eds. 7. the heritage to some outsiders, although not to the opposite sex. The Aboriginals will have to reveal fairness is not a concept which commonly exists under indigenous law. culturally sensitive information and that the guidelines follow those went on to describe a situation that arose in the course of his own practice Protection Act 1984, House of Representatives chamber and business documents, Department of the House of Representatives. Binalong owed so much money to the State Bank through Beneficial Finance that Bannon apparently had no choice but to prop the company up. 27C We're foryow The Adver CASH FOR SICK KIDS an = 7 Taz La hi zi Zs ~ t : ' z a 7 5 | ts | i: . 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before 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. She observed that the need to respect Aboriginal customary law restrictions his submission Mr Palyga stated: If you allow information to be provided in secret, without the ability In essence, Ms Evatt recommends that, if heritage is claimed to be process burdensome and taken it away from the relatively simple procedures Steven Griffiths was elected deputy leader 8 votes to 6 for Mitch Williams. . 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. [20]. Mr Steve Palyga has argued that it is unjust for any party whose interests The EIS (the Edmonds Report) was completed within two weeks and identified the need for an anthropological study. 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 . 1994 for judicial review of the Minister's decision. [citation needed] claims are a ready cloak for fabrication. FRIDAY 12 AUGUST 2016. In 1994, the Chapmans won an injunction against the Conservation Council of South Australia (CCSA) hoping to curtail its public opposition to the bridge plan. Menu Binalong would pay up front for the bridge to be built. The most recent cases of this kind involve Hindmarsh Island of significance could be registered without compromising the confidentiality 5.7 The Chapman family made application to the Federal Court in July 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. Chapman again ran for the leadership but received only 9 votes, against Redmond's 13. von Doussa, John (2001). provide that a claim for public interest immunity may be made for restricted are respected and observed. VICKIE A CHAPMAN Tonight I preface my remarks by the following observations. In the Hindmarsh Island matter, the situation 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. [16] The most prominent aspects of the claims are listed below: In 1994, Binalong went into liquidation owing Partnership Pacific $18.5 million with Westpac taking possession of the marina as mortgagee. In October 1989, approval was granted for a bridge, to be financed by the Chapmans, subject to an Environmental Impact Study (EIS). [7], 5.23 Mr Palyga described the unsuccessful attempts he made during the Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. Ngarrindjeri elders then led a symbolic walk across the bridge. information either was not put or was withdrawn. The Ngarrindjeri challenged the 1996 bill in court and lost. In order to avoid the problem of a male Minister, Mr Tickner, 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]. Gelder, Ken and Jane M. Jacobs. Committee Report, Hindmarsh Island Bridge Bill1996, December Unfinished Business. Courier Mail, April 4, 1998. This was to become an issue in 1994 as the Chapmans had clearly not met these requirements. SA Attorney-General Vickie Chapman had conflict of interest in - MSN 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. 'no evidence rule' requires that a decision be based on logically probative She also stated her belief that as no skeletal remains had been found, no further consultation was required.[10]. The 'bias [18]. of the methods by which the confidentiality of restricted information Strong backing was received from federal Sturt MP Christopher Pyne, a longtime factional ally of Chapman, as well as another prominent boss of the SA Liberals' moderate faction, former Premier Dean Brown. The reluctance of indigenous people to disclose culturally sensitive its judgment in February1995. [10]. [17]. In regards to the financial losses the Chapmans believed had resulted from the heritage applications, the Chapmans claimed financial losses of $16.58 million based on the difference between what the Chapmans paid Westpac and what they claimed the completed marina would have sold for had the bridge been built prior to 1994. In practice this difficulty can be overcome by report. They also expose Aboriginal [6], In summary, complete secrecy is otiose. 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. Chapman easily gained preselection and retained Bragg with a slight 0.4-point two-party swing at the 2002 state election when the Liberals lost government. The Act establishes a reporting process as a guide to the exercise of Vickie Chapman was born on June 21, 1957 in Kangaroo Island, South Australia, Australia. In particular, the late emergence of the knowledge did not provide proof of fabrication and is expected in the case of genuine sacred information, lack of recording in the literature was not inconsistent with the material, that it was inappropriate to assert that a particular spiritual belief was irrational, Wilson's testimony was not reliable and Milera's was a personal belief and not evidence of fabrication. [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. the restriction on the number of lawyers that may be present. Ms Evatt's proposal will only perpetuate the root cause problem in In assessing that group's claim on significance, 'the communication or dissemination of the evidence or record of the evidence [3] Hamilton-Smith called another leadership spill to take place on 8 July 2009, in an attempt to gain a more decisive mandate, but two days prior to the spill, he announced he would not run. vickie chapman hindmarsh island. 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. Yours sincerely, John Bannon.". information in the form of paintings, dances or songs. and the basis for the restrictions is to be given to the Court and other The Commission provoked significant and lasting controversy over its five month deliberation. He married Elizabeth Fairbairn (Bess) DREW 30 Dec 1934 in Naracoorte, SA. 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. 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. Vickie Chapman takes legal action against Tom Koutsantonis | The Advertiser 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. She reported that Ngarrindjeri women believed the bridge would make the cosmos, and human beings within it, sterile and unable to reproduce. Tickner promptly placed a 25-year ban on the bridge construction. Indigenous worldviews, values and sacred places strengthen the earths biological and cultural diversity, in distribution: standing on sacred ground, Promiscuous Sacred Sites: Reflections on Secrecy and Scepticism in the Hindmarsh Island Affair, The Hindmarsh Island Debate: Reflecting on the Key Issues. are concerned about the cost and delays caused to developers, governments [35][36], John Bannon Letter: "Dear Mr Fowler, I am willing to put a recommendation to my Cabinet that the government commit immediately to fund the construction of a bridge between Goolwa and Hindmarsh Island on terms previously outlined, including a contribution from Chapman payable subsequent to the repayment of Westpac advances. Tom Richardson @tomrichardson Support our work Click here to donate [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. The witness on that occasion feared for his life According to southern Australian Aboriginal clans, the Dreamtime figure of Ngurunderi chased a giant cod with spear in hand through freshwater marshes, carving the Murray River around Kumarangk.
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