Dr WOODRUFF question to ATTORNEY-GENERAL, Mr Barnett
As you know from the protest outside yesterday’s church service, the Tasmanian Aboriginal community are reeling from the recent traumatic event where the Coroner’s Office instructed remains of their ancestors be returned to the community in a brown paper bag. The community –
Madam SPEAKER – I remind the member that props are not appropriate in the House. They were placed outside, and I ask you to remove the prop.
Dr WOODRUFF – I want to make the point. Thank you, Madam Speaker. We find this disrespectful to democracy. Aboriginal people found it deeply disrespectful to have the remains of their ancestors provided to them in a brown paper bag.
Madam SPEAKER – I do not disagree with you, but I ask you to put the prop away.
Dr WOODRUFF – The point is that this was an appalling act of disrespect, and it speaks to a deep, institutional racism in this office. No Tasmanian could conceive of such an act being perpetrated on their family, but this is the second time it has happened with Aboriginal remains. The coroner has yet to acknowledge that there is a problem with what they did.
Members interjecting.
Dr WOODRUFF – The Tasmanian Aboriginal Centre have phoned and written to you, asking to resolve this –
Madam SPEAKER – I do not need help from the members opposite. I did interrupt the member in her question earlier.
Dr WOODRUFF – Do you condemn this act? Will you also investigate the problem and make sure it never happens again?
ANSWER
Mr BARNETT – Madam Speaker, I thank the member for the question on this very important matter. The Magistrates Court, which includes the Coronial Division, is an independent statutory body that operates free of any external influence, including political influence.
Section 3 of the Coroners Act 1995 sets out the requirements relating to Aboriginal remains. When a coroner suspects that any human remains may be Aboriginal remains, the coroner must refer the matter to an Aboriginal organisation approved by the Attorney-General, consistent with section 23 (2). The Tasmanian Aboriginal Centre is that relevant body and organisation approved by the Attorney-General.
It is not appropriate for me to comment on the way in which the coroners exercise their independent statutory functions. However, I want to acknowledge publicly, as I have in recent days and here today, that the recent processes of the Coronial Division of the Magistrates Court for the return of Aboriginal remains were, in my view, entirely
inappropriate. I apologise for the obvious trauma they have caused members of the Tasmanian Aboriginal community. Last Friday I picked up the phone and spoke to the Tasmanian Aboriginal Centre. I expressed my apology, noting that the Coronial Division of the Magistrates Court is independent of government.
I have directed my department to examine how processes can be improved, including how we work with all Tasmanian Aboriginal people to ensure that the practices and procedures of the Coronial Division are culturally appropriate and trauma‑informed.
In addition, I called the acting chief magistrate responsible for the coroners and spoke to the Chief Coroner this morning. We are still awaiting advice from the Chief Coroner with respect to what happened from the coroner’s perspective. I am seeking further advice and information on this important matter. I have also arranged to meet with the Tasmanian Aboriginal Centre at a convenient time. I thank the Minister for Aboriginal Affairs, Roger Jaensch, who has taken a keen interest. We have worked together on these matters to deliver an appropriate response.
