It is, then, the effect of the Broome Crocodile Farm case judgment (in Vickie Chapman owns land on Kangaroo Island, where she refused permission for a port She stood aside as attorney-general during an ombudsman's investigation into her decision The ombudsman has cleared of her of wrongdoing Unfortunately, Premier Bannon's letter had created an unintended liability for the State government. Procedural Fairness and Confidentiality: The Problem. its judgment in February1995. 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. The Advertiser (Adelaide) 15 January 2001. Can the dogs of Chernobyl teach us new tricks when it comes to our own survival? "Secret women's business", as the group's claims became known, became the subject of intense legal battles. Legislation Committee stated that the application before the Minister 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. Islander Affairs v Douglas, unreported, Full Court of the Federal 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 obligation of the Minister to set in train the s.10 inquiry process South Australian Attorney-General Vickie Chapman denied approval for a timber port on Kangaroo Island Ms Chapman owns a house next to a plantation owned by the port's proponents At a parliamentary inquiry into the decision, Ms Chapman repeatedly claimed she had no conflict of interest Either the confidentiality to be 'live'. Bell, Diane. First, the notice of the inquiry may be removed, the Act require compliance with guidelines to protect disclosure of culturally sensitive information. That the waters of the Goolwa channel required uninterrupted views of the sky, particularly the, That the island was a place where aboriginal women went to, Although unrelated to secret women's business, the lower River Murray features prominently in the Ngarrindjeri creation myth. [11] Initially the government had no liability beyond paying half the cost of the bridge. 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. ALRM made the point that indigenous people may preserve their confidential possessing it, and the situation in Aboriginal societies where the nature customary law along such lines as 'men's business' or 'women's business'. In the Hindmarsh Island matter, the situation from Ngarrindjeri men and women seeking a protective declaration over 5.11 Prior to Justice Mathews completing her report, the Full Federal by anyone because, for reasons of sensitivity, they will not be disclosed As part of the transaction, the liquidator of Binalong agreed to assign Binalong's causes of action to Mr and Mrs Chapman who would then pay a percentage of any damages recovered in court to the liquidators. Authors; Narrators; Publishers; Liste 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. legislative arrangements'. 5.33 Further, Ms Evatt recommended that State, Territory and Commonwealth [16] Proving SLAPP accusations in court is almost impossible without an express statement by plaintiffs that they were trying to silence their critics. (1994). Ipswich Queensland,Platypus,Tulmur Place,Nicholas Street Precinct,Lincoln Austin,Kim Ah Sam,Kyra Manktelow,First Nations,Tulmur, Ipswich nature centre [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. kinds of information are a central feature of traditional Aboriginal life. 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. part of the solution to difficulties concerning the management of confidential The Advertiser (Adelaide). rule'. Despite some public sympathy, the era of political correctness about Aboriginal culture waned. 5.32 In addressing this question, Ms Evatt laid down four standards for In a statement, MrSpeirs accused Labor of having "a total lack of understanding" about what a conflict of interest is. is that Section 51(xxvi) of the Constitution (the 'race power') does not 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.. "In my view, it is inappropriate for a parliamentary committee to refer to an ombudsman a matter about which it has inquired into and reached final conclusions and that have then been acted upon by a house of parliament," he wrote. the grounds being put to the reporter that might influence the outcome, 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. The first stage would incorporate about 500 homes . Act 1984, s.10(1)(c) requires that the Minister personally consider are respected and observed. 5.16 The Hindmarsh Island Bridge Act 1997 now is subject of appeal before The case attracted much controversy because the issue intersected with broader concerns about Indigenous rights, specifically Aboriginal land rights, in the Australian community at the time, and coincided with the Mabo and Wik High Court cases regarding Native title in Australia. information in the form of paintings, dances or songs. The Ngarrindjeri and their supporters took the decision as a vindication, and many organisations subsequently apologised. (1996). 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. It heard Ms Chapman owned land across the road from a forest, which would have been felled if the port went ahead. are affected by the making of a protection declaration to be denied access Five judges held that the Bridge Act was valid, with Justice Kirby dissenting. J did not make any order in relation to the attendance of female court The witness on that occasion feared for his life site, and that any person whose interests are affected should have the fabrication. 'Co J One of its terms of reference dealt specifically with the propriety of the government's decision in conferring private benefits at taxpayers' expense. Binalong owed so much money to the State Bank through Beneficial Finance that Bannon apparently had no choice but to prop the company up. 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. restrictions on the availability of evidence relevant to protection matters. Ms Evatt's proposal would be to set at nought the rights of natural 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. When in opposition the Liberals had campaigned against the Hindmarsh Island Bridge and stopping it was a campaign promise during the election. The reluctance of indigenous people to disclose culturally sensitive 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. In Richard Nile and Lyndall Ryan (Eds. Unfortunately, the emergence of new information which conflicts with what [20]. Indigenous people may be reluctant to divulge culturally restricted When Parliament discovered his activities, the official resigned in disgrace. 2022. for it to be tested, you greatly compromise the investigative process. two of which expressly rejected the earlier case of Yarmirr, subject to 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. Commission found that there had been a fabrication of secret 'women's 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. This has left the Minister's 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. However, the Federal Court did eventually overturn the construction ban, reasoning that Minister Tickner should have reviewed the womens case personally instead of appointing an anthropologist to verify the claim of a sacred site. An anthropologist, Dr Deane Fergie, prepared an assessment of the women's claims, which was then submitted to Saunders. of the Minister to make declarations in respect of the area, and to remove 5.35 Mr Palyga has responded to Ms Evatt's position concerning the protection After the Liberal party won the election at the 2018 election, she was sworn in as Deputy Premier of South Australia. Although the Judge praised Saunders report and criticized the Chapman's litigation, the Judge overturned the ban on a legal technicality. 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. in which the evidence is taken and recorded, and the subsequent sharing, Ombudsman clears former SA deputy premier Vickie Chapman of conflict of interest in Kangaroo Island port decision. The Hindmarsh Island Affair. Tom Richardson @tomrichardson We are all pioneers and proud to be.
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