Appeal to Ministers of Parliament

APPEAL TO MINISTERS OF PARLIAMENT Michael’s Lore NEW RECOMMENDATIONS AMMENED TO THE FOLLOWING LEGISLATION BILL AND ACT Cemeteries and Crematoria Bill 2013 Crown Land Act 1989

The family of late Michael James Nicholls have carefully studied and scrutinise the Renewable Tenure of graves in New South Wales Cemeteries under the Cemeteries and Crematoria Bill 2013.

We now appeal to the Government of New South Wales to show lead to other Australian Governments.

The policy we advocate is as follows;

There are numerous statutes that directly affect Aboriginal Graves, my scrutiny of the NSW policies, guidelines and laws governing theses legislation and reports has led me to numerous observations

• The old Cemeteries Act and the new Act do not include a consideration of Aboriginal values and graves being desecrated for donation or profit. • Aboriginal values in protecting Aboriginal Graves has not been implemented or incorporated by the NSW Government. I strongly believe that Aboriginal graves on Crown and Private Land should be protected more effectively. • Decision affecting Aboriginal Graves needs to be accountability and transparency for improvement particularly in this case and future.

We strongly like to ask for your support for our Government to work on the following areas stated below; Michael’s Lore

The NSW Government;

• Should work with Aboriginal Organisations to develop Policies that acknowledge the uniqueness of Aboriginal Values of the burial of Aboriginal and Torres Strait Islander people. • To collaborate with Aboriginal Organisations to develop Policies to ensure that under the Cemeteries and Crematoria Act 2013 and Crown Land Act 1989, that if the deceased is identified to be Aboriginal or Torres Strait Islander and that they are exempt from the Re-useable Grave Site Tenure Legislation. • To ensure all Aboriginal and Torres Strait Islander people deceased past and present buried in Cemeteries on Crown and Private Land are not to be labelled as paupers on their Burial Register and their Burial plot to be marked.

Michael’s Lore Amendment’s to the following Acts;

Crown Lands Act 1989-By Law (Crown Lands (General Cemetery) By-Law 1991) 1991-No. 477 Crown Lands (General Reserves) By-Law 2001 – Schedule 2 Crown Lands Act 1989 No 6 – Section 128 (1) (p): Land Acquisition (Just Terms Compensation) Act 1991 No 22 – Section 6 (c):

Proposed Recommendation Amendment • Aboriginal and Torres Strait Islander people to be exempt under the Used Burial Rights Re-useable Grave Site Tenure. • To ensure that the interment practice and beliefs uniqueness of Aboriginal Values of the burial of Aboriginal and Torres Strait Islander people. • Only relatives of Aboriginal and Torres Strait Islander people to be buried on top of deceased (exception for spouses from different cultural background).

Cemeteries and Crematoria Act 2013 Cemeteries Legislation Amendment (Unused Burial Rights) Act 2001 No 122 Necropolis Act 1901

(b) To ensure that the interment practices and beliefs of all religious and cultural groups are respected so that none is disadvantaged and adequate and proper provision is made for all;

Power for Change to support Michael’s Lore

• Commonwealth of Australia Constitution Act 1901

• Part V-Powers of the Parliament

• 5.1 Legislative powers of the parliament

• The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to;

• (xxvi) the people of any race for whom it is deemed necessary to make special laws;

Michael James Nicholls Story:

Background Master Michael James Nicholls an Aboriginal baby born 20th November 1971, 6th child of Rhonda Ann Nicholls nee-Kelly and Cedric Clive Kelly at Macleay District Hospital, Kempsey. Michael was diagnosed with Chronic Haemolytic Anaemis and died at the age of 3 months old at the Royal Alexandra Hospital for Children, Camperdown, Sydney, NSW. He was laid to rest in a New Single Grave, at

Roman Catholic Cemetery Rookwood, Sydney NSW Date of Burial: 27th January, 1972, Grave no: 4847 Section: St Vincent de Paul Grantee: The Society of St. Vincent de Paul

Michael is the descendant of the 5th Generation grandchild of King Bobby of the Gumbangerri Tribe.

Findings The evidences I currently received from the Cemetery was quite disturbing which concludes the Desecration of Michael’s grave by Cemetery Management and the incompetents of Cemeteries in maintaining records, disrespect to interment of human remains, breach of Exhumation and no Aboriginal Values of Aboriginal and Torres Strait Islander Kinship burial customs.

On the 2 September 1986, Michael’s plot was disturbed by the Grantee: The Society of St. Vincent de Paul, taking a donation for another body to be buried in Michael’s plot, 13 year after Michael was interned in that plot. Correspondence: from;

Catholic Cemeteries & Crematoria, Rookwood, Sydney NSW

Lauren Hardgrove, Director Client Services, quoted in an email on the 16th November 2016, to Ms Dianne Ball, Michael’s sister, “I can advise that we have no exhumation records relating to your brother. Our records reflect that your brother was interred in Section 14SVDP Grave 4847 on the 27th of January 1972 and he remains interred in this grave. As no exhumation has taken place, we are unable to supply you with your requested information, specifically:

• An Exhumation Report for Michael James Nicholls

• Daybook and Cemetery register records for reinterment of Michael James Nicholls

Correspondence: from;

Catholic Cemeteries & Crematoria, Rookwood, Sydney NSW

Lauren Hardgrove, Director Client Services, on the 14 November 2016, to Ms Dianne Ball, Michael’s sister. “Since the commencement of Catholic Cemetery Trust in 1867, it has been the standard practice of the Trust that all graves will be dug for a minimum of two (2) burials, provided that the soil conditions can accommodate multiple burials”.

But under the Human Burial Legislation in NSW, “Top of the coffin to be buried no less than 900 millimetres below the natural surface level of the soil for a single grave”. Under the Cemeteries and Crematoria Act 2013, policy statement (2.) states the dimensions of burial license shall be a maximum of:

• 1000mm x 2400mm for adult burial places;

• 900mm x 1500mm for children’s burial places.

“The realistic facts is that

Katrina Hodgkinson,

Primary Industries Minister 2013,

quoted in the ABC News,

reference:

(http://www.abc.net.au/news/2013-11-19/re-useable-grave-sites-defended-by-nsw-minis)

“the legislation will simply formalise renewable tenure which have been operating in an unregulated manner since the 1990s”.

It is very clear that the renewable tenure has been unregulated manner at Catholic Cemeteries & Crematoria, Rookwood, regarding multiple burials where Michael James Nicholls is concerned when a 71 year old man was interred in the same plot as Michael on the 2nd September 1986.

Because when Legislative Assembly by date 25 May 1995, on the Renewable Tenure of Grave Sites, reference:

(http://23.101.218.132/Prod/parlment/hansart.nsf/V3Key/LA19950525010?open&refN).

Mr Harrison (Kiama) quoted:

“The proposal was kept secret by the previous Government but on occasion it dropped its guard and it became increasingly evident that the proposal was to be introduced at Rookwood Cemetery, the biggest cemetery in the Southern Hemisphere, from 1 January this year (1995). When the proposal became public knowledge the previous Government backed down and deferred its introduction”.

The regulation 25 © of the Crown Land (General Reserves) By Law 2006 made under the Crown Lands Act 1989 NSW states that ‘A reserve trust may make such provisions as it considers necessary for the size, multiple use and location of burial places’.

Quoted in the Catholic Cemeteries & Crematoria, Rookwood by Lauren Hardgrove, Director Client Services, 14th November 2016 did not apply when the 71 year old man that was interred in Michael’s plot 4847 on the 2nd September 1986. 4

Correspondence: from;

The Hon Niall Blair MLC,

Minister for Primary Industries, Minister for Lands and Water,

IM16/29949, 13th December 2016, received by Ms Kate Washington, MP,

Member for Port Stephens, Raymond Terrace, concerning Ms Dianne Ball the “recognise the right of all individuals to a dignified interment and treatment of their remains with dignity and respect, and to ensure that the internment practices and beliefs of all religious and cultural groups are respected so that none is disadvantaged and adequate and proper provision is made for all”, Cemeteries and Crematoria Bill 2013.

The Hon Niall Blair MLC,

Minister for Primary Industries, Minister for Lands and Water,

IM16/29949, 13th December 2016,

Quoted: “The Trust retained the burial right and owns the grave in which Michael is buried.

Renewable Tenure of graves in New South Wales cemeteries under the Cemeteries and Crematoria Bill 2013, where there is an option to renew graves for 25 years or if not renewed then the plot can be open to be reused new burials.

The realistic facts is that

Katrina Hodgkinson, Primary Industries Minister 2013, quoted in the ABC News, reference:

(http://www.abc.net.au/news/2013-11-19/re-useable-grave-sites-defended-by-nsw-minis)

“the legislation will simply formalise renewable tenure which have been operating in an unregulated manner since the 1990s”.

A major fact is that it lacked community support, quoted by Opposition spokesman Steve Whan.

He also recommended that the Government to not make a decision on the legislation, to further consider the impact of the Re-useable Tenure Legislation on the community.

Under the Cemeteries and Crematoria Bill 2013 recognises cultural beliefs and practices of Indigenous people of Australia, Cemeteries and Crematoria Bill 2013,

reference: (http://23.101.218.132/Prod/parlment/hansart.nsf/V3Key/LC20131120051?open&refN).

Even when Legislative Assembly by date 25 May 1995, on the Renewable Tenure of Grave Sites, reference: (http://23.101.218.132/Prod/parlment/hansart.nsf/V3Key/LA19950525010?open&refN).

Mr Harrison (Kiama) quoted:

Mr Harrison (Kiama) “respect the beliefs of Aborigines, who believe that people who were buried 40,000 years ago at any location in Australia are now in a sacred site”.

Sydney Town Hall was built upon an Ancestry Traditional Aboriginal Burial ground Councillors of Sydney seeked new site to construct the Town Hall Building in 1868 the graveyard was demolished and in 1869 the Colonial Government approved the construction, politician and undertaker Robert Stewart was instructed to exhume and transport remains to Church of England of the new Necropolis Cemetery at Haslem’s Creek now known as the Rookwood Necropolis.

(www.cityofsydney.nsw.gov.au)

(www.dailytelegraph.com.au)

(www.sydneybarani.com.au)

Traditional Custodian the Eora Nation of Sydney, there is estimated 29 clan groups of the Metropolitan area, the Eora meaning (Here or From this place) (www.sydneybarani.com.au)

Summary of Findings and Recommendations:

Hereby Aboriginal and Torres Strait People of Australia should not be legislated under the Renewable Tenure Legislation in the Cemeteries and Crematoria Act 2013.

Aboriginal Culture is the oldest culture dating back over 60,000 years in Australia. It is important to protect cultural properties and sacred and significant sites by law. The complexity of Aboriginal cultures are very poorly understood by Government legislations and policies that worked against the interests of Aboriginal people.

The belief of Aboriginal People of burial custom is that the land plays an importance role when collaborating ceremonies. The belief as stated that when a death of an Aboriginal person dies, their spirit releases to the Dreaming Ancestors in the land only if the correct ceremonies rituals are conducted. (www.indigenousaustralia.infor)

Hereof (Griffith CJ said in Doodeward V Spence, id at 412: “After burial a corpse forms part of the land in which it is buried and the right of possession goes with the land”), reference: (http://www.austlii.edu.au/au/journals/SydLawRw/1998/3.html).

Aboriginal and Torres Strait Islander’s connection to land is a spiritual and cultural wellbeing.

The foregoing of the Recognition of Aboriginal Customary Laws and Traditions (1973) today of Aboriginal and Torres Strait Islanders, allowing distribution of property involving death in accordance with Aboriginal families and kinship relationship, which is recognised by Federal, State and Territory Legislations.

Eora Nation of Sydney in 1820 the Aboriginal ancient tradition burial beliefs and customs where still in implemented, and was acknowledged by Governor Phillip. (https://australianmuseum.net.au)

The amendment of the Cemeteries and Crematoria Regulation 2014 of Part 4 (Interment Rights) of the Cemeteries and Crematoria Act 2013, as follows:

a) To specify the steps an operator must take: (i) To ascertain cultural or religious practices to remains of a deceased person, and

New Recommendations Amendments to the Cemeteries and Crematoria Act 2014 and Cemeteries and Crematoria Act 2013 of Part 4 (Interment Rights).

• Under the Cemeteries and Crematoria Amendment Regulation 2017 to recognise cultural beliefs and practices of First Nation people (Aboriginals and Torres Strait Islanders) of NSW.

• The complexity of Aboriginal culture is very poorly understood.

• Cultural practices of Aboriginal people of burial customs is that the land plays an importance part and death of an Aboriginal person is their spirit is released to the Dreaming Ancestors and their bones are returned to the mother earth (land).

• Aboriginal and Torres Strait Islander’s residing in NSW connection to the land is a spiritual and cultural wellbeing.

• Cultural wellbeing is that a relative or spouses can be interned in the same grave/plot under the renewable tender Part 4 (Interment Rights). Because of cultural connection to Aboriginal belief and customs.

• Under the Law Reform Commission Act 1973:

o b/ special interest of the Commonwealth in the welfare of the Aboriginal people of Australia;

o c/ the need to ensure that every Aborigine enjoy basic human rights;

• Commission’s Term of Reference:

[To assist in exercise of this right, steps have begun to take by Australian Legislatures to recognise Aboriginal traditions and the Aboriginal heritage in a variety of ways.]

• Principle:

[Aborigines ‘to retain their racial identity and traditional life style’ the Government has undertaken to meet the necessary conditions of their doing so. 39]

The amendment of the Cemeteries and Crematoria Regulation 2014 of Part 4 (Interment Rights) of the Cemeteries and Crematoria Act 2013, as follows:

• (11) to notify the holders of renewable interment rights that are due to expire of their entitlement to renew the right and the fee for doing so,

• Recommendation amendment under the Cemeteries and Crematoria Regulation 2017 for Aboriginal and Torres Strait Islanders of New South Wales is that charities and other organisations be not allowed to hold the interment rights of an existing and future graves/plots in a private or public cemetery or crematoria in NSW.

Due to the injustice of Michael James Nicholls remains, we the family have no closure of knowing whether Michael’s remains are intacted? We therefore call for Support to; Michael’s Lore And an Inquiry into; Catholic Cemeteries & Crematoria, Rookwood, Sydney NSW.

I await your respond and indicate the steps that your government will take to address this matter and support an Inquiry.

Please find attached relevant supporting documentation

If you require further information please do not hesitate in contacting me on email: [email protected]

Yours sincerely

Dianne Ball