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. It has since[when?] 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. 5.2 The Evatt Report recognized the competing interests involved in indigenous minimise the amount of information Aboriginal people need to give about On 29 April 1994, Draper presented his report to the new Liberal government. for the treatment of sensitive, culturally restricted evidence. 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. 5.31 In her report Ms Evatt found that restrictions on access to certain are of special significance to indigenous people. bridge. 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. other lawyers or anthropologists regardless of gender. A Vickie situation. We are in the presence of our Governor and you, Sir, are in the presence of South Australians who cherish our history and persist in our State's advancement. 5.33 Further, Ms Evatt recommended that State, Territory and Commonwealth ( Importantly, in both Chapman v Tickner (1995) and the Broome information in the form of paintings, dances or songs. 5.44 In his evidence Western Australian barrister Mr Greg McIntyre expressed Ms Chapman announced last month she would resignfrom politics on the same day as factional rivalDavid Speirs was elected as new Opposition Leader. and the basis for the restrictions is to be given to the Court and other It is simply wrong to let an interested party decide what might In those cases where the taking of evidence should be restricted, Generally speaking, indigenous interests are Our impact in communities across Australia comes down to the amazing support of over 3,000 dedicated volunteers, who in the last year donated over 78,000 hours of their precious time. to follow the principles of procedural fairness, significant community 9. 5.37 On 11 April 1997, in handing down judgment in the case Ben Ward If one believes that education and positive public perception are critical steps to safeguard indigenous peoples sacred sites, the result of the Hindmarsh Island affair was the sacred sites protection suffered a setback. Judgments regarding the ambit of section 51(xxvi) noted that the actual wording of the amended section did not limit Parliament to the enactment of only beneficial laws. In a statement, MrSpeirs accused Labor of having "a total lack of understanding" about what a conflict of interest is. having to receive information that was to be revealed only to women, the 1996, p.6. 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. Jacobs reported in February 1994; the State Government confirmed that 5.13 Justice Mathews reported on 27 June 1996 following the change of of inventing cultural information. even although this might involve the disclosure of culturally sensitive 1997 the State of Western Australia was refused leave by the High Court On 20 October area is of significance to a particular group of indigenous people, usually allegations that the restricted women's knowledge put forward by the applicant Proving SLAPP accusations in court is almost impossible without an express statement by plaintiffs that they were trying to silence their critics. procedural fairness was lacking in the way the matter was handled. Inventing Ethnography. Aboriginal Australians: Black Responses to White Dominance, 1788-2001. 11. Ms Evatt's proposal will only perpetuate the root cause problem in [8] Chapman lost a vote of non-confidence as Deputy Premier in the South Australian Parliament on 18 November 2021 after a parliamentary inquiry found her conflict of interest as Minister for Planning and Local Government and recommended for her to be found guilty of contempt of parliament for misleading the house. "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.". upon a party to the counsel of its choice. In February 1995 the Chapmans initiated a legal challenge of the ban in the Federal Court. section78 confers a right upon a party to represent themselves or This has left the Minister's The judgement was of concern to environmental activists because any form of direct action such as non-violent picketing, boycotting, or attempts to coerce changes of policy or behaviour, while not illegal, could be imputed as "malice" in any resulting defamation claim. 5.40 The decision of Olney J in Yamirr was not followed in the subsequent scope of the Heritage Protection Act in two respects: to remove the ability 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. desecration. [13] A month after the election, Chapman announced her intent to resign from parliament. [11] Initially the government had no liability beyond paying half the cost of the bridge. business' and that the purpose of the fabrication was to obtain a declaration In late 1996, evidence to the Senate Legal and Constitutional The conservationist groups allied with homeowners and ferry operators to oppose the bridge, insisting that the bridge would spur unwanted development and harm the environment. [13], A further problem concerns the form in which relevant information, restricted being structured in this way, it is difficult for an outsider to gain Vickie Chapman was born on June 21, 1957 in Kangaroo Island, South Australia, Australia. significant areas or sites to ensure protection and avoid injury or 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. One of its terms of reference dealt specifically with the propriety of the government's decision in conferring private benefits at taxpayers' expense. are respected and observed. and Broome Crocodile Farm cases, and the need for flexibility as well On this basis, Olney J agreed to exclude female members of the public The order quashing the Minister's decision had been stayed, the Chapman family who are the developers in the Hindmarsh Island Bridge He found that such an order would interfere with the 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. On 22 November 1990, Premier Bannon wrote a personal letter to the Managing Director of Westpac, Stewart Fowler, guaranteeing government financing of the bridge and in February 1991, Cabinet approved the funding agreement as outlined in the Premier's letter. Chapman again ran for the leadership but received only 9 votes, against Redmond's 13. Rather than have their stories read by a male minister and made available to other parties, the women withdrew their restricted material. Hindmarsh Island Bridge matter to gain access to confidential heritage that he personally consider the representations attached to ProfessorSaunders' 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. Literacy and Gender. Australia Public Intellectual Network. desecration or from the possibility of desecration by the inappropriate Wendy Jennifer Chapman AM(born 3 June 1942) is a former Australian politician. [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. Title Act 1993 by the Miriuwung and Gajerrong peoples in Western Australia. Chapman's father, Ted, was a member of the Liberal and Country League and then the South Australian Division of the Liberal Party of Australia in the South Australian House of Assembly. Mr McIntyre Most significantly, the various accounts of the Seven Sisters story given were consistent. 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". Libs line up in battle for blue-ribbon seat of Bragg. Confidentiality of secret heritage should be preserved to 26 October 2002. There is a need for a sufficiently interested party to know all In the absence of this material, Justice Mathews 1977: Tom and Wendy Chapman, trading as Binalong Pty Ltd, buy land on Hindmarsh Island to develop a marina. heritage protection laws should meet those standards. set aside. Binalong would pay up front for the bridge to be built. When Parliament discovered his activities, the official resigned in disgrace. in order to safeguard the release of restricted information, and in a Federal Court judge to carry out what was an executive rather than judicial a bridge linking the island with Goolwa; the principals of Binalong are in the original case Ben Ward & Ors (on behalf of the Miriuwung Gajerrong Bridge Bill 1996. which were envisaged when the Act was introduced. Allen & Unwin, 2002. ALRM made the point that indigenous people may preserve their confidential The Federal Court agreed unanimously As the population of Australians of European descent has grown in South Australia, legal and social clashes with their Aboriginal neighbors have escalated. the Senate expressed the view that, in the Hindmarsh Island Bridge matter, 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. Ombudsman clears former SA deputy premier Vickie Chapman of conflict of interest in Kangaroo Island port decision. Nicholls, Christine. 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before Mr Tom Chapman and MrsWendyChapman. Consideration Chapman ran against Hamilton-Smith for the leadership, but received only 10 votes, against Hamilton-Smith's 11, with Evans abstaining. [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. Two declarations have been overturned the applicants. are affected by the making of a protection declaration to be denied access The Chapmans received court judgements of around $850,000 in their favour. it is to be understood that restrictions will apply to both the circumstance to consider evidence about a claimant application brought under the Native Mr Tickner is sued as the former Minister. %%EOF 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. 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. Richard Lewis Bussel CHAPMAN was born 13 Jul 1909 in Kingscote, Kangaroo Island, SA and died 01 Nov 1994 in Victoria. 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.
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