It has been brought to Kerry's attention that a grave injustice may have been done to theNgarrindjeri Women arising from the 1994 Royal Commission into Secret Women's Business. Significant enough is the evidence to warrant the setting up of a Commission of Inquiry " The Commission of Inquiry was formally established on the 23rd of January 2002 by Letters Patent issued by Kerry Bowden O.A.M and addressed to David Selden, post-graduate student at the South Australia."

Whereas

1. On 9 July 1994 the Honourable Robert Tickner MP, Minister for Aboriginal and Torres Strait Islander Affairs in the Commonwealth Government signed a declaration pursuant to section 10 of the Aboriginal and Torres Strait Islander Protection Act 1984, which declaration prevented the construction of a bridge between Hindmarsh Island and the mainland at Goolwa (hereinafter called 'the declaration');

2. In making the declaration the Minister relied upon a report (the report) made to him by Professor Professor Cheryl Saunders AO and compiled by her in direct consultation with the custodians of Ngarrindjeri 'women's business', and whose reference to secret 'women's business' was more particularly described in sealed envelopes annexed to or attached to the report South Australia regarding these allegations of a fabrication of 'women's business';

5. It is necessary to investigate these allegations of the fabrication of evidence

I, Kerry Bowden O.A.M. with your consent. DO HEREBY APPOINT YOU to inquire into and report upon the matters set out in the following Terms of Reference:

1. Whether the allegations that the 'women's business', or any aspect of the 'women's business, was a fabrication were themselves fabricated and if so;

(a) the circumstances relating to such a fabrication of the allegations;

(b) the extent of such fabrication of the allegations; and

(c) the purpose of such a fabrication of the allegations.

2. The nature and extent of any injury caused to the Ngarrindjeri by such a fabrication of the allegations, and whereon;

(a) the harm done to the Ngarrindjeri;

(b) the justification for, and the suitability of, monetary compensation and where justified the best means to provide financial and other forms of reparation;and

( c) whether an apology is appropriate and, if appropriate, by whom and in what form such apology should be made; and,

3. You may seek and obtain such advice or assistance on matters relating to Aboriginal tradition as you may consider necessary for the purpose of your inquiry, and in particular you may seek information, including relevant documents and records, from all internationally accredited museums, including the South Australian Museum and from any other such similar, or implicated, agencies of the Commonwealth and South Australian State Governments which are hereby directed to provide you with such assistance as you may require.

4. In conducting your inquiry and in your report you are required to: (a) avoid prejudicing any potential or current judicial proceedings which may be undertaken for reparations or compensation relating to the dismissal of the declaration made by the Minister for Aboriginal and Torres Strait Islander Affairs of the Commonwealth Government; (b) protect the confidentiality of any information which could properly be regarded as confidential pursuant to Aboriginal tradition or otherwise; and

(c) comply with the applicable provisions of the South Australian Aboriginal Heritage Act 1988, and the Commonwealth Aboriginal and Torres Strait Islander Protection Act 1984, and for this purpose you may conduct your inquiry or parts of it in private and to report in part by way of confidential report and/or to report by way of general descriptions or summaries, or to take such other steps as you consider to be appropriate to comply with paragraphs (a), (b) and (c) hereof.

5. You are required to make your inquiry expeditiously and furnish a final report not later than 1 September 2002.

In these Terms of Reference:

'Aboriginal tradition' means the body of traditions, observances, customs and beliefs of Aborigines generally or of a particular community or group of Aborigines, and includes any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships. 'women's business' means the spiritual and cultural significance of Hindmarsh and Mundoo Islands, the waters of Goolwa channel, Lake Alexandrina and the Murray Mouth within the Aboriginal tradition of Ngarrindjeri women which is crucial for the reproduction of the Ngarrindjeri people and of the cosmos which supports their existence.

Given under my hand this 23rd day of January 2002.