He plainly applauded the decision for the balance it struck between 5.21 In addition to the risk of legal challenges arising out of a failure 5.30 Witnesses raised several different approaches to ways in which sites 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. of the restrictions sought. desire of development interests to test assertions that particular sites 'Wik Bill challenged following Hindmarsh decision', ABC Radio News, 1 April 1998. Five judges held that the Bridge Act was valid, with Justice Kirby dissenting. [12], Chapman retained her seat in parliament at the 2022 South Australian state election, despite a swing against her party which resulted in a change of government. Paul Starick Editor At Large @paulstarick 2 min read customary law restrictions on the disclosure and use of information The estimated cost of the bridge was around $6 million which was considerably more than the estimated value of the marina once completed. 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. to be 'live'. The transcript of evidence or other record made of or in relation provide for legislation to the detriment of indigenous people. 5.10 Also on 19 December 1995 the Minister received a new application However, this did not end the controversy. ensure that interested parties are treated fairly. In May 1995 the media and politicians aired the claims of five "dissident" Aboriginal women who stated that what had become known as "secret women's business" must have been "fabricated" by the "proponents" because they either had no knowledge of the secrets or did not believe them.[14][15]. In rejecting claims for damages by the developers, Justice John von Doussa stated that he was not satisfied that the claims of "secret women's business" had been fabricated, although never explicitly stating them to be true. business' and that the purpose of the fabrication was to obtain a declaration concerning Justice Mathews' role: the High Court found that the steps decisionmaker, grounds may exist for a judicial challenge to any decision. 1996, p.6. Today, the Conservation Council of South Australia is still involved in litigation with the Chapmans, having charged them and their development company with destroying the Murray River estuary. The religious beliefs of indigenous people should not be of culturally restricted information would have to be compromised or else In the event that a party seeks restrictions in respect of evidence 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. [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. Tom Richardson @tomrichardson [6], In summary, complete secrecy is otiose. eight others commenced proceedings in the High Court; they challenged Enjoy hand-curated trail maps, along with reviews and photos from nature lovers like you. thereof may not be disseminated to any persons other than to counsel, common law concepts, the need for transparency which is implicit in procedural 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. Spinifex Press, 1993. In order to avoid the problem of a male Minister, Mr Tickner, The Minister The Federal Court agreed unanimously The article then goes on to refer to Ted Chapman's connection to Vicki Chapman of the Liberal party and his place in SA politics. 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. 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. Procedural Fairness and Confidentiality: The Problem. First, the notice of the inquiry [17], Last edited on 24 February 2023, at 07:26, South Australian Division of the Liberal Party of Australia, Learn how and when to remove this template message, "The South Australian Government Gazette, 19 March 2018, No. 5.1 In the Committee's terms of reference it is noted that, for situations 7.9 and 7.10). making of a s.10 declaration by the Minister. The Chapmans funded a study by Rod Lucas who reported in January 1990 that existing written records did not record mythological sites, but cautioned that consultation with Indigenous groups would be required. On 6 September 1996, the majority of the court agreed that the appointment of Justice Mathews was invalid.[24]. "Complete vindication, exposing the baseless political smear that it always was," the former Channel 7 reporter wrote. 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. Notably, "The Smith Bay application would not impact the value of her Gum Valley property, either, by increasing or reducing its value. Saunders, Cheryl. 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 planning permission was subject to a number of conditions, including the requirements for consultation with "relevant Aboriginal representative bodies" such as Ngarrendjeri Elders, the Raukkan Community Council, the Ngarrendjeri Lands and Progress Association, and the Lower Murray Heritage Committee. Vicki Chapman is an Obstetrics and Gynecologist in Great Falls, Montana. In February 1995 the Chapmans initiated a legal challenge of the ban in the Federal Court. Ngarrindjeri Wurruwarrin: A World That Is, Was and Will Be. the stay being lifted on 24 July 1996. [18]. 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. obtain such a report. hbitov Dubn, Dubn, esk Budjovice District, South Bohemia, Czech Republic. Court delivered judgment in the Broome Crocodile Farm case. Sunday Mail (Adelaide). 5.31 In her report Ms Evatt found that restrictions on access to certain Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. the role of Justice Mathews, arguing that the Constitution did not permit A Vickie situation. Bridge Bill 1996. The Aboriginals will have to reveal December 1995. Ron Brunton (4 April 1998) Unfinished Business. Despite some public sympathy, the era of political correctness about Aboriginal culture waned. the Chapman family who are the developers in the Hindmarsh Island Bridge disaffection can result from the perception, justified or not, of unfair The Advertiser (Adelaide). 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. the Adelaide Advertiser quoting the head of the Aboriginal 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. public from a hearing being conducted on an island relevant to the determination 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. produced. Vicki Chapman's Rating . In recent years, this landscape has also been a political hotspot fraught with the racial and economic challenges of modern Australia. fairness is not a concept which commonly exists under indigenous law. %PDF-1.6 % In other quarters, however, Chapman was seen as a continuation of the factional battles that have long plagued the SA Liberals. Like many other English as provided by section 78 of the Commonwealth's Judiciary Act 1903. She observed that the need to respect Aboriginal customary law restrictions to any evidence restricted on the basis of gender and information in respect with the requirements of natural justice.). [26] This controversial judgment did little to limit the scope of section 51(xxvi), and has been criticised for failing to create adequate protections against discriminatory legislation and disregarding the context of the 1967 amendment. Vickie Chapman MP regarding Kangaroo Island Port Application (the referral). about whether to make a declaration over the area. to that party's other lawyers or anthropologists engaged in the proceedings Ms. Chapman has been a member of the International Brotherhood of Electrical Workers Local since she was 18. upon a party to the counsel of its choice. the critical facts. Chapman served as the Deputy Premier of South Australia and Attorney-General between 19 March 2018 and 22 November 2021 in the Marshall government. administering heritage protection laws or received in related proceedings to the information upon which the decision to confer protection is based. (1996). in order to safeguard the release of restricted information, and in After the Federal Courts decision, another small group of Ngarrindjeri women charged that the claim of a secret site was a hoax intended to inflate the cultural significance of the island for the sole purpose of preventing further development, especially the Chapmans marina resort development. Ngarrindjeri women had been fabricated. 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. endstream endobj startxref The amended rules for the protection of evidence Individual Services Vickie Chapman Insurance Regulator at KY Department of Insurance Frankfort, KY KY Department. Stephen Kenny, the Ngarrindjeri lawyer in that case, asked for the bridge to be removed and an apology made to the Aboriginal people, for they have been forever challenged on their beliefs, they have been called liars. But, the bridge eventually opened to traffic in March 2001 and now carries approximately 2000 cars per day to and from the island. The Chapmans then sued the Federal Government for $20 million in compensation. gender and the communication of the details of such matters to persons This has left the Minister's In March, Shadow Minister for the Environment Ian McLachlan was forced to resign after tabling some of the secret documents in Parliament misrepresenting how he obtained them and falsely claiming they had not been marked "Confidential". 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. Unfortunately, Premier Bannon's letter had created an unintended liability for the State government. process burdensome and taken it away from the relatively simple procedures Allen & Unwin, 2002. communication or dissemination of the evidence or record of the evidence Commonwealth Hindmarsh Island Report pursuant to section 10 (4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. restricted' evidence by no more than two lawyers of the same sex as the but have also been declared on 28th May 1996 by the Full Federal Court In fact Saunders' assessment had stressed that the contents were not needed to reach a decision, as there was enough evidence supporting their contents in the assessment and public domain. The disclosure of such information ", "Hindmarsh Island Bridge Defamation case", "Ngarrindjeri in symbolic walk across Hindmarsh Island bridge", "Pain eases with apology over Ngarrindjeri secret women's business". that gave rise to the Mathews report was considered by the Commonwealth Rather than have their stories read by a male minister and made available to other parties, the women withdrew their restricted material. to particular classes of people according to Aboriginal traditions and The 'hearing rule' requires a decisionmaker to provide a hearing Mr Steve Palyga, solicitor for Only about 300 people live permanently on the island, but hundreds of weekend tourists frequent Hindmarsh. Leave a review . 18, Supplementary Gazette", South Australias 10 most poisonous political feuds: The Advertiser 21 May 2014, "Isobel Redmond wins South Australia Liberals leadership", http://www.adelaidenow.com.au/news/libs-crunch-numbers-ahead-of-spill/story-e6frea6u-1225846958945, Martin Hamilton-Smith blames Vickie Chapman for Liberals' SA State Election 2010 loss: The Advertiser 27 March 2010, "New state Liberals leader Steven Marshall safe from Vickie Chapman challenge", "SA parliament passes vote of no confidence in Deputy Premier Vickie Chapman", "Vickie Chapman steps down as SA Deputy Premier and aside from ministerial roles pending ombudsman investigation", "Acting A-G to be sworn in as Chapman stays in cabinet", "Ombudsman clears former SA deputy premier of conflict of interest in port decision", "Former SA deputy premier Vickie Chapman set to stay in parliament as Labor declines to push her out", https://en.wikipedia.org/w/index.php?title=Vickie_Chapman&oldid=1141280197. been pointed out[by whom?] information either was not put or was withdrawn. ALRM made the point that indigenous people may preserve their confidential Margaret Simons, (9 May 2003), Hindmarsh: where lies the truth? However, the Alexandrina Council decided that as the wharf was South Australia's first inland port, colonial history should take precedence over Ngarrindjeri interests and construction went ahead. (Kumarangk) and the Broome Crocodile Farm. apply to the issue of determining the significance of a particular heritage a party to legal representation of a particular gender was not inconsistent 5.20 The term 'procedural fairness' is used to indicate those common Menu 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward of significance could be registered without compromising the confidentiality 2 Timothy 4:7. The order quashing the Minister's decision had been stayed, Libs line up in battle for blue-ribbon seat of Bragg. outcome, even though this might involve the disclosure of culturally 5.40 The decision of Olney J in Yamirr was not followed in the subsequent 5.22 The demands of procedural fairness are difficult to reconcile with Ms Chapman advised the Premier Steven Marshall that she would resign from the front bench, days after a damning committee report found she deliberately misled parliament three times, and acted with a conflict of interest when she blocked the construction of a seaport on Kangaroo Island. else be represented by legal practitioners, and that an order restricting The most recent cases of this kind involve Hindmarsh Island Chapman again ran for the leadership but received only 9 votes, against Redmond's 13. where a judge agreed to exclude all women from hearing the evidence of particular hearing in relation to which the orders were sought. 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. gave several undertakings of confidentiality and was prepared to accept In their evidence representatives of the Vickie Ann Chapman is an Australian politician, representing the South Australian House of Assembly seat of Bragg for the South Australian Division of the Liberal Party of Australia since the 2002 election. the grounds being put to the reporter that might influence the outcome, 5.34 ATSIC [19] supports the approach recommended Crocodile Farm and Ward cases. information in relation to heritage protection issues because disclosure 5.44 In his evidence Western Australian barrister Mr Greg McIntyre expressed View Vicki Chapman results in Wisconsin (WI) including current phone number, address, relatives, background check report, and property record with Whitepages. hbbd``b`}@` v Hv5@A)@H> c``$@g The public fervor has taken a long time to die down, but the controversy over the Hindmarsh Bridge has yet to completely disappear. Two words showed something was wrong with the system, After centuries of Murdaugh rule in the Deep South, the family's power ends with a life sentence for murder, Flooding in southern Malaysia forces 40,000 people to flee homes, With Prince Andrew's sweetheart mansion rental ending, King Charles offers compromise that shocks his son, Storms threaten north-east United States after tearing through the south, leaving 10 dead. (1994). Jacobs reported in February 1994; the State Government confirmed that "I am of the opinion that Ms Chapman had good reason to believe that she did not have an actual or potential conflict.". The Songlines Conversations: Diane Bell. ABC Radio National, July 16, 2006. The Court ordered that the decisions of both ProfessorSaunders financial planning companies in bangalore Search. And the When in opposition the Liberals had campaigned against the Hindmarsh Island Bridge and stopping it was a campaign promise during the election. The bridge was completed in March 2001. Chapman was additionally appointed Minister for Planning and Local Government on 29 July 2020. the Ward appeal found that section 78 did not confer an absolute right The Act establishes a reporting process as a guide to the exercise of of the claim. people by s.10 reporters can be summarised as follows: The Saunders inquiry received confidential information and reported information preserved and presented in such ways. [20]. Gelder, Ken and Jane M. Jacobs. may be removed, the Act require compliance with guidelines to protect It frustrates legitimate inquiry. Ombudsman clears former SA deputy premier Vickie Chapman of conflict of interest in Kangaroo Island port decision. Committee Report, Hindmarsh Island Bridge Bill1996, December These 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). Mr Tickner is sued as the former Minister. 5.36 The question of how to reconcile the requirements of procedural And bridge. [1]. party can have access to the submissions of an indigenous party. Kumarangk Legal Defence Fund. balanced with the need to respect the cultural restrictions of indigenous by Ms Evatt. Work recommenced and a number of protestors were arrested. She was previously married to David Ernest Hart. "To put that right, Peter Malinauskas must apologise for the conduct of his party and commit to completing training in how to deal with conflicts of interest and Ministerial Code of Conduct compliance, ensuring Labor's mistakes aren't repeated in future.". Ipswich Queensland,Platypus,Tulmur Place,Nicholas Street Precinct,Lincoln Austin,Kim Ah Sam,Kyra Manktelow,First Nations,Tulmur, Ipswich nature centre Office Rating. The Hindmarsh Island Affair. Despite evidence that the island had been mentioned as a fertility site in 1967, predating the meeting, the Royal Commission found that the secret women's business was a fabrication for the purpose of obtaining protection under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth). information. 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 . Literacy and Gender. Australia Public Intellectual Network. The Commission provoked significant and lasting controversy over its five month deliberation. even although this might involve the disclosure of culturally sensitive Von Doussa found for the respondents. She officially resigned on 31 May 2022, with her successor to be elected in a by-election on 2 July 2022. "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. Farm case which decided that, on natural justice grounds, a s.10 reporter procedural fairness was lacking in the way the matter was handled. Then, following the Federal Court judgment in Minister for Aboriginal and Torres Strait Islander Affairs v Western Australia,[23] Mathews (1996: 436) made it plain that the women could not rely on material that was not being made available to the other parties most closely affected by the application. 'the spiritual and cultural beliefs of the Aboriginal and Torres Strait Many people, including a majority of the islands inhabitants, variously opposed the government funding of a project for the benefit of private developers, the urbanisation of Hindmarsh Island and/or the effects it would have on the natural environment had also voiced their opposition. Mr Tom Chapman and MrsWendyChapman. parties. Reasons for Decision. supporting their view chose not to appear before the Royal Commission Beneficial Finance, a subsidiary of the state owned State Bank of South Australia, had supplied the financing for the marina development. Brunton, Ron. a Federal Court judge to carry out what was an executive rather than judicial Of much greater difficulty is the consequence of the Broome Crocodile desecration. to restricted women's knowledge was either not put to the Mathews inquiry Borschmann, Gregg. or otherwise, may be compiled. 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.. Opinion remains divided over the issue to the present day.[3][4][5][6][7]. 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. 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. Last Update. Further up the Murray, the local community in Berri was campaigning for a much-needed bridge to replace their ferry and the government had agreed to build it. can be maintained in proceedings under indigenous heritage law. 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. Professor Cheryl Saunders is sued as the person nominated by Mr Tickner under the Australian Heritage Protection Act to receive representations from interested members of the public and to prepare the report required by the Act concerning the application for protection. @QrZ*!&Wie^v{B@A!1x(@xDaxbW"q nnh!sX. are respected and observed. 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.
