This paper recommends legislative responsibility be given to the Victorian Aboriginal Heritage Council to ensure the swift and respectful return and burial of Ancestral Remains.

Introduction

This paper outlines the Victorian Aboriginal Heritage Council’s (Council) advice to the Minister for Aboriginal Affairs (Minister) on how Victoria’s Aboriginal Heritage Act 2006 (the Act) should change in relation to Ancestral Remains.

Traditional Owners have always had responsibilities to their Ancestors and to burial sites. This paper recommends legislative responsibility be given to the Council to ensure the swift and respectful return and burial of Ancestral Remains.

In preparing these recommendations, Council has analysed the current legislation, taken account of members’ own experiences and sought input from Traditional Owners and other stakeholders about how the Act should change.

Why changes are necessary

No change to an Act of law or policy can undo the wrongs of the past. Talking about this issue has been distressing and frustrating for all involved.

In preparing this paper, Council has:

• Investigated the past and current management of Ancestral Remains in Victoria.
• Published the Discussion Paper Bringing Our Ancestors Home; Managing and returning Ancestral Remains in Victoria since the commencement of the Aboriginal Heritage Act 2006 (Discussion Paper) in February 2013.
• Sought feedback from Registered Aboriginal Parties (RAPs) and other Traditional Owners, universities, the Coroners Court of Victoria (Coroners Court), Museum Victoria, the Office of Aboriginal Affairs Victoria (OAAV) and other interested organisations and individuals, through written and verbal submissions, meetings and two workshops held in July and November 2013.
• Published a summary of the responses and proposed options for changing the Act in Bringing our Ancestors Home; Responses to the Discussion Paper and Options for Change (Options Paper) in November 2013.

These investigations and consultations have been carried out within a tight timeframe in order to meet the Government’s deadline for proposed changes to the Act following the Parliamentary Inquiry into the Establishment and Effectiveness of RAPs and the Review of the Act.

As a result of the feedback, Council recommends change in four areas:

1. Managing and protecting burial places

2. Avoiding Ancestors being disturbed

3. Returning Ancestors to their people and their Country as respectfully as possible

4. Improving the understanding and awareness in the broader community of how important Ancestral Remains are to our people.

The rest of this paper explores these areas in more detail, including describing the information provided to Council by Traditional Owners and others.

In the words of Council member Eleanor Bourke, “We will not be well until this is done” (October 2013).