Tasmanian Burial Laws Discriminate against Aboriginal Traditions and Beliefs

Media release – Michael Mansell, Chair,  Aboriginal Land Council of Tasmania, 6 September 2020

Tasmanian Burial Laws Discriminate against Aboriginal Traditions and Beliefs

“Aboriginal people are being deprived of the right to honour our dead in a culturally appropriate manner and without harrassment,’ Chair Michael Mansell said today. ‘The two major local government councils, in Launceston and Hobart, require Aborigines to abandon our cultural beliefs by conforming to unnecessary European manufactured installations and exorbitant fees when memorialising our dead in council run cemeteries.’

Mr Mansell said he personally wanted to place small memorial plaques to honour the dead in his family but had been told by the Director at Carr Villa that the rules require the payment of $1,380 with either a concrete slab over each grave or a concrete boundary to be installed. ‘The concrete requirement is anathema to Aboriginal culture and the fee a rip-off.’

Similarly, Mr Mansell said, an Aboriginal woman, Mona Hart, wanted to repair her father’s vandalised grave at the Hobart cemetery but was informed by text by Richard Blackwell, Executive Manager, Hobart council that all plaques ‘which include concrete mounting plinth, installation and maintenance are required to be supplied by the council’ and that if Mona contacted ‘our friendly customer service staff’ they ‘would organise the manufacture of the concrete mounting plinth and install.’

Concrete over the graves of our dead is an insult to Aborigines and our beliefs and customs. Concrete symbolises the destruction of Aboriginal society and the power of European society. We cannot allow concrete to be placed on our peoples graves, especially after they were tormented during their lifetime by white society only to be insulted after their deaths with these burial rules. We are obligated to honour our dead, but not according to council manufactured installations.

As for the ridiculous fees for honouring our dead, they took the land from us and want us to pay to put our dead back in it.’

‘We are also confused by the state of law in Tasmania,’ Mr Mansell said. According to section 35 (1) of the 2019 Burials and Cremations Act (below), cemetery managers must not hinder any cultural activity relating to a burial but can do so where the cultural activity is not included in a council plan (section 35 (4). If an Aboriginal ignores the restriction and honours our dead with our own memorial, we can be fined up to $8,600.’

A religious or cultural practice under that legislation means a rite or practice pertaining to religious or cultural ceremonies relating to the mourning process, including interment and cremation of human remains (interpretation section of Act).

Mr Mansell said he would bring this issue to the attention of the Minister for Aboriginal Affairs (Roger Jaensch) and Attorney General (Elise Archer), and will seek talks with the Launceston and Hobart Councils on Monday 7^th September 2020.

Michael Mansell

35. Religious and cultural ceremonies and original distributions

(1)  A cemetery manager must not, by any act, matter or thing, hinder or disturb the performance of any religious or cultural ceremony relating to the interment of human remains or cremated remains.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A cemetery manager must permit a representative of any religious or cultural group to exercise any religious or cultural practices relating to the interment of human remains, or cremated remains, without any hindrance or disturbance by the cemetery manager or any other person.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A cemetery manager must not, by any act, matter or thing, hinder or disturb the original division or allocation of the cemetery made in accordance with any trust to which the cemetery is subject, unless the trust is varied in accordance with the Variation of Trusts Act 1994 .

Penalty:  Fine not exceeding 20 penalty units.

(4)  It is a defence in proceedings for an offence under subsection (1) or (2) if the cemetery manager establishes that the cemetery manager did not permit the performance of the religious or cultural ceremony, or the exercise of the religious or cultural practices, as to do so would mean that the cemetery would not be in compliance with this or any other Act.