(VIC) Authorise VAHC to Issue Cultural Heritage Permits Involving Aboriginal Ancestral Remains

Michelle Saffin
Jul 15
7 min read

Author: Michelle Saffin | Publish date: 15/7/2026

Content Warning: Aboriginal and Torres Strait Islander peoples are advised that this brief contains information relating to Aboriginal Ancestral Remains and may contain names of people who have passed away.

P: In VIC areas where there is no Registered Aboriginal Party (RAP), the authority to approve Cultural Heritage Permits involving Aboriginal Ancestral Remains rests with the Secretary to the Department of Premier and Cabinet, rather than a Traditional Owner-led body.
S: The Minister for Treaty and First Peoples should amend Section 35A(b) of the Aboriginal Heritage Act 2006 (VIC) to require that the Victorian Aboriginal Heritage Council is the approval body for Cultural Heritage Permits involving Aboriginal Ancestral Remains where no relevant RAP exists.
E: Victorian Aboriginal Heritage Council: ‘In areas where there is no RAP … [the] Council [should be] the approval body for all permits relating to the management of Ancestral Remains … [to] give Traditional Owners control of their Ancestors’.

Problem Identification:

Section 35A of the Aboriginal Heritage Act 2006 (VIC) specifies that the ‘approval body, in relation to an application for a cultural heritage permit … if there is no relevant registered Aboriginal party—[is] the Secretary [to the Department of Premier and Cabinet]’.

According to the Victorian Aboriginal Heritage Council (the Council), this means that ‘the granting of permissions, decisions around processes, risk management and outcomes for any such activity is not in the hands of Council and by extension, Traditional Owners themselves.’ The Council noted this makes it ‘very difficult for Traditional Owners to realise and exercise their rights to self-determination.’

Context:

Aboriginal Ancestral Remains refer to ‘the whole or part of the body of an Aboriginal person from the past and are often referred to as Ancestors.’ Koori woman Shannon Faulkhead and Gunditjmara man Jim Berg highlighted ‘returning Ancestral Remains to Country is a critical responsibility for Traditional Owners … the duty to return Ancestors’ home is among the deepest cultural duties.'

RAPs refer to VIC ‘Aboriginal organisations that manage and protect Aboriginal cultural heritage within a determined area. … There are 11 RAPs in [VIC] covering approximately 66% of the state.’ As outlined by Biosis, an environmental consultancy organisation, ‘displacement of … Indigenous people … [means] some areas of [VIC] will always struggle to appoint a RAP.’

Cultural Heritage Permits (CHPs) are required for a range of activities, including repatriating or burying remains, ‘carry[ing] out an activity that will, or is likely to, harm’ remains, or removing remains from VIC.

The Council is an independent statutory body of 11 Traditional Owners that manages Aboriginal cultural heritage by overseeing RAPs, protecting ‘Ancestral Remains’ and ‘sacred objects’, and ‘promot[ing] awareness and understanding’. The Council noted receiving ‘a report about once every week of a new discovery of Aboriginal Ancestral Remains.’

Arguments:

According to the Council, control ‘lies in the hands of government and not Traditional Owners’, as the Secretary does not have to be of Aboriginal descent. The Council shared a Traditional Owner's perspective: ‘to me, self-determination is our mob making decisions for ourselves. Some secretary of a department of whitefellas can’t really understand.’ Another Traditional Owner stated , ‘again, this is a white bloke making a call on what happens to our Old People. Ring, ring, it’s 1860 calling, they want their power back.’

According to the Council, ‘timeframes around the granting of permits [for Ancestral Remains are] often in conflict with the urgent needs of stakeholders … particularly when found on private land’. First Peoples - State Relations noted that a response to CHPs is expected ‘within 30 days of receiving an application.’ However, the Council highlighted that the offices that assess permit applications ‘often have large workloads, particularly as they are also the approval body for [Cultural Heritage Management Plans] undertaken in non-RAP areas within their jurisdiction.’ Elder Major Sumner noted that First Nations peoples’ ‘belief is that when our people's remains are not with their people and in our country then their spirit is wandering. … Unless they are going back home the spirit never rests.’ Laura McBride, Director of the First Nations Division at the Australian Museum, emphasised ‘these people aren’t ancient human remains … they’re our grandparents, our great-grandparents.’

Advice/Solution Identification:

The Council called for the ‘Council [to be] the approval body for [CHPs] impacting Aboriginal Ancestral Remains’ in areas ‘where there is no RAP’. They stated that this could ‘give Traditional Owners control of their Ancestors but would also ensure all aspects of work associated with the management of Ancestral Remains is undertaken by one centralised entity’ and ‘facilitate quicker response times in actioning Traditional Owner decisions’.

Precedent:

If VIC were to enact this reform, it would be nation-leading to the best of the author’s knowledge.

Public Support:

Aboriginal Heritage Council

Broadly Support:

Yoorrook Justice Commission - They broadly stated their support for the recommendations in the Taking Control of Our Heritage report, but have not explicitly called for Cultural Heritage Permit legislation change.
New South Wales Aboriginal Council - They called for unqualified rights for Traditional Owners to reject permits, but did not explicitly call for VIC legislative change.

This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.

News Coverage:

The Guardian - “‘It’s time for healing’: remains of Aboriginal ancestors traded as curiosities are on their way home to country”. The article highlighted ongoing efforts to return the stolen ancestral remains of Aboriginal and Torres Strait Islander peoples back to their Traditional Owners as a key act of healing and reconciliation, underscoring the cultural importance of Indigenous-led authority over ancestral heritage. By: Ella Archibald-Binge | 4 Jan 2026 - Read the article here.
SBS - “Spotlight hits online trade in human remains”. This article highlighted researchers and Traditional Owners working to stop the online trade in Aboriginal human remains and sacred objects, and to return ancestors to Country. By: Karen Michelmore | 8 October 2021 - Read the article here.
ABC News - “Truth-telling and how cultural repatriation is fundamental to the reconciliation process”. This article explained that returning Indigenous ancestral remains to their Traditional Owners is a crucial part of truth-telling, healing and reconciliation, reinforcing the importance of empowering Traditional Owner-led bodies in VIC with authority over cultural heritage decisions. By: Jai McAllister | 27 May 2021 - Read the article here.
Biosis - “Aboriginal Cultural Heritage: Time to Reflect”. This article described how the Aboriginal Heritage Act 2006 (VIC) and its review aimed to strengthen protection of Aboriginal cultural heritage by improving assessment processes and, importantly, expanding the role of Traditional Owner-led bodies in managing cultural heritage. By: Biosis | 16 June 2016 - Read the article here.

Where to go to learn more:

(2021) Taking Control of Our Heritage | Victorian Aboriginal Heritage Council - This report explained why strengthening the legislative functions and decision-making authority of RAPs and the Council is essential for realising self-determination and effective protection of Aboriginal cultural heritage in VIC. This included the Council's recommendation to be the approval body for Cultural Heritage Permits involving Aboriginal Ancestral Remains where no relevant RAP exists. Read the report here.
(2025) Yoorrook for Transformation, Third Interim Report | Yoorrook Justice Commission - This report highlighted systemic failures in VIC’s cultural heritage protections and underscored that existing frameworks did not sufficiently uphold Traditional Owners’ rights to control, protect and make decisions about their heritage. Read the report here.
(2021) Return, Reconcile, Renew | Return, Reconcile, Renew - A global digital archive and research project that documents the history of the removal and repatriation of Ancestral Remains. View the digital archive here.
Aboriginal Heritage Act 2006 (VIC) - Read the full Act here.

Human Perspective:

Content Warning: This story references the removal and repatriation of Aboriginal human remains and may be distressing to some readers.

For Aunty Marli, connection to Country is not an abstract concept; it is a physical and spiritual pulse. She feels her grandmother’s presence most strongly when the breeze carries stories of the Dreaming and the earth beneath her feet vibrates with ancestral memory. But this connection is fractured by a haunting reality: many of her people’s ancestors remain far from Country. The knowledge that her ancestors were removed from their burial grounds without permission or ceremony creates a cycle of unfinished grief. This trauma is only compounded when the community attempts to bring their ancestors home. Despite Marli and other Traditional Owners' efforts to be recognised by the VIC Government, their Country does not have an RAP. Therefore, when remains of Marli’s family members were identified, the power to decide the next steps did not rest with the community, meaning they had to navigate a labyrinth of distant bureaucrats. The process was slow, clinical and deeply traumatic. Marli and other Mob were forced to justify their spiritual and cultural obligations to government officials who lacked the cultural authority or lived understanding of the cultural protocols for these remains. Marli reflected that this system asks Traditional Owners to wait for permission from the state to fulfil their most sacred duties, leaving both spirits and the living unable to rest.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement:

N/A.

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Reference list:

Aboriginal Heritage Act 2006 (VIC). https://content.legislation.vic.gov.au/sites/default/files/2025-10/06-16aa029-authorised.pdf

Archibald-Binge, E. (2026, January 4). ‘It’s time for healing’: Remains of Aboriginal ancestors traded as curiosities are on their way home to country. The Guardian. https://www.theguardian.com/australia-news/2026/jan/03/its-time-for-healing-remains-of-aboriginal-ancestors-traded-as-curiosities-are-on-their-way-home-to-country

Biosis. (2016, June 16). Aboriginal cultural heritage: Time to reflect. https://www.biosis.com.au/aboriginal-cultural-heritage-time-to-reflect/

Department of Environment, Land, Water and Planning. (2019). Aboriginal cultural heritage guide for landcare and environmental volunteering groups and networks. Victorian Government. https://www.ghcma.vic.gov.au/wp-content/uploads/2017/03/FINAL_AboriginalCultHeritageGuide_Brochure_Sept2019.pdf

Faulkhead, S., Berg, J., Russell, L., Jones, R. L., Eades, J., & Anderson, I. (2010). Power and the passion: Our ancestors return home. Koorie Heritage Trust.

First Peoples - State Relations. (2024). Cultural heritage permits: Guidelines for applicants. Department of Premier and Cabinet, Victorian Government. https://www.firstpeoplesrelations.vic.gov.au/sites/default/files/2024-12/Guidelines-for-applicants_Cultural-heritage-permits_November-2024.docx

First Peoples - State Relations. (2024, November 8). Cultural heritage permits. Department of Premier and Cabinet, Victorian Government. https://www.firstpeoplesrelations.vic.gov.au/cultural-heritage-permit

Korff, J. (2021, December 8). Aboriginal remains repatriation. Creative Spirits. https://www.creativespirits.info/aboriginalculture/people/aboriginal-remains-repatriation#fnref17

McAllister, J. (2021, May 27). Truth-telling and how cultural repatriation is fundamental to the reconciliation process. ABC News. https://www.abc.net.au/news/2021-05-27/indigenous-cultural-repatriation-fundamental-to-reconciliation/13358668

Michelmore, K. (2021, October 8). Spotlight hits online trade in human remains. NITV. https://www.sbs.com.au/nitv/the-point/article/spotlight-hits-online-trade-in-human-remains/rolwobpf3

Return Reconcile Renew. (2021). Welcome to our website: Return, Reconcile, Renew. https://returnreconcilerenew.info/

Schneierer, E. (2010). Caring for culture. New South Wales Aboriginal Land Council. https://alc.org.au/wp-content/uploads/2019/12/110218-caring-for-culture-final.pdf

Victorian Aboriginal Heritage Council. (2014). Bringing our ancestors home - Recommendations for change paper. Department of Premier and Cabinet, Victorian Government. https://www.aboriginalheritagecouncil.vic.gov.au/paper-bringing-our-ancestors-home-we-will-not-be-well-until-done

Victorian Aboriginal Heritage Council. (2020, March 25). Ancestral remains unit FAQs. Department of Premier and Cabinet, Victorian Government. https://www.aboriginalheritagecouncil.vic.gov.au/ancestral-remains-unit-faq

Victorian Aboriginal Heritage Council. (2020, July 2). Ancestral remains. Department of Premier and Cabinet, Victorian Government. https://www.aboriginalheritagecouncil.vic.gov.au/report-ancestral-remains

Victorian Aboriginal Heritage Council. (2021). Taking control of our heritage. Department of Premier and Cabinet, Victorian Government. https://www.aboriginalheritagecouncil.vic.gov.au/sites/default/files/2021-10/Taking%20Control%20of%20Heritage_OCT%202021_Web.pdf

Victorian Aboriginal Heritage Council. (2025, September 1). About the Victorian Aboriginal Heritage Council. Department of Premier and Cabinet, Victorian Government. https://www.aboriginalheritagecouncil.vic.gov.au/about-victorian-aboriginal-heritage-council

Yoorrook Justice Commission. (2025). Yoorrook for transformation: Third interim report, volume 2. Parliament of Victoria. https://cdn.craft.cloud/06ad3276-b3d9-4912-bcbb-37795aade9a8/assets/documents/YoorrookForTransformation_Third_Interim_Report-Volume2_Accessible.pdf