Chapter 4 - General Resolutions Including Protocols

4.16 Human Remains Protocol

CONTENTS

1. Preamble
2. Purpose of the Protocol
3. Protocol Application
4. Definitions
5. Conditions for Accepting Human Remains and Burial

Artefacts

5.1 Legislative obligations with respect to Aboriginal Human Remains and Aboriginal Objects

5.2 Process for Acceptance by Donation, Gift or Bequest of All Other Human Remains and Burial Artefacts

6. Storage of Human Remains and Burial Artefacts
7. Return and Interment of Human Remains (Deaccessioning)

7.1 Deaccessioning Policy Guidelines

7.2 Procedure to Effect a Deaccessioning

7.3 Method of Deaccessioning and Interment

8. Sacred or Secret Objects

Attached Forms and Appendix

1. Form 1 - Deed of Donation/Gift of Non-Aboriginal Human Remains and/or Burial Artefacts
2. Form 2 – Human Remains or Burial Artefacts Recommended for Deaccessioning or Interment
3. Appendix – List of Sources Used in the Development of the Protocol List of Sources Used in the Development of this Protocol

1. Preamble

1.1 The University of Melbourne is the oldest and largest research intensive university in Victoria. Since its founding in 1853, the University has collected, and had donated to it, many human remains and burial artefacts for teaching, research and cultural purposes

1.2 Audits were undertaken in 2003 and 2004 in order to meet legislative requirements, and to improve procedures and processes for the University’s holdings of human remains

1.3 Recently there have been major cultural shifts in the ways in which human remains are regarded. Recent developments have included:

• the passing of State and Federal government legislation which now deems it illegal for any person other than Aboriginal communities to hold Australian Aboriginal and Torres Strait Islander human remains unless express permission is obtained from the Secretary for Planning and Environment;
• the introduction of new legislation in the UK. Unlawful use of autopsy parts in UK hospitals resulted in changes to the law similar to that already existing in Victoria’s Human Tissue Act 1982, by the introduction of the Human Tissue Act 2004 in the United Kingdom;
• the recent release of a set of guiding principles for the treatment of human remains in UK museums and universities;
• changes in the legal status of human remains in the UK which has meant that they are now able to be claimed by related families and communities for burial; and
• an increase in the number of indigenous and non-indigenous communities and governments throughout the world seeking to have remains repatriated from overseas institutions.

1.4 The University recognises the importance of these cultural changes, and this Protocol seeks to establish best practice processes to allow for the ethical collection and storage of all human remains at the University. In doing so it recognises that the utmost sensitivity must be observed when dealing with human remains.

1.5 Some areas within the University, such as museums, have already developed policies for managing scholarly, cultural, historical and research collections of artefacts. Most faculties, departments, and other study areas have not developed such formal processes.

1.6 This Protocol applies only to human remains and burial artefacts related to the remains, including sacred and secret objects. This Protocol should be read in conjunction with existing policies.

2. Purpose of the Protocol

2.1 This Protocol outlines relevant legislative requirements and seeks to define

• the circumstances by which human remains and associated burial artefacts can be accepted into the University – where those remains are non-Aboriginal; and
• the methods by which those human remains and burial artefacts should be maintained and, if required, deaccessioned.

2.2 In particular, this Protocol recognises that all human remains have social, cultural, and spiritual significance attached to them; and that therefore they need to be handled sensitively and differently from other teaching and research items.

2.3 This Protocol outlines the legislative obligations with respect to possession of Aboriginal human remains and the requirement to transfer such remains to the relevant government department, as well as the limitations on possession of Aboriginal objects.

3. Protocol Application

3.1 This Protocol applies to all teaching, research and collection areas within the University which hold human remains or manage burial artefacts. These include, but are not limited to: faculties, libraries, archives, and regional campuses (hereafter referred to as “responsible units”).

3.2This Protocol does not apply to

• human remains or human tissue that are covered by government policies or existing laws, such as the Human Tissue Act 1982 (Vic). For example, bodies that come to the University via the University’s body donor program (the donor program at the University can be found at: http://www.anatomy.unimelb.edu.au/aboutus/donorprogram.html); or
• subsidiary companies and affiliated organisations of the University

3.3 In assembling this Protocol a number of existing documents were drawn on. In particular, this Protocol should be read in conjunction with the Policy and Minimum Requirements for Management of Cultural Collections. A list of these documents is in the Appendix.

4. Definitions

4.1 In this Protocol:

Aboriginal means a person belonging to the indigenous peoples of Australia, including the indigenous inhabitants of the Torres Strait Islands, and any descendants of those peoples;

Aboriginal object has the meaning given in the Aboriginal Heritage Act 2006(Vic) namely:

1. an object in Victoria or the coastal waters of Victoria that-
   
   1. relates to the Aboriginal occupation of any part of Australia, whether or not the object existed prior to the occupation of that part of Australia by people of non-Aboriginal descent; and
   2. is of cultural heritage significance to the Aboriginal people of Victoria; or
2. an object, material or thing in Victoria or the coastal waters of Victoria that-
   
   1. is removed or excavated from an Aboriginal place; and
   2. is of cultural heritage significance to the Aboriginal people of Victoria-

   but does not include-

3. an object that has been made, or is likely to have been made, for the purpose of sale (other than an object made for barter or exchange in accordance with Aboriginal tradition); or
4. Aboriginal human remains;

burial artefacts , or artefacts, means those from a burial site, or which have been associated with human remains, or which are regarded as sacred or secret objects by Aboriginal communities;

human remains means the whole or any part of bodily remains, including any part of a skeleton, teeth, human tissue and hair whether alone or combined or entwined with artefacts;

indigenous means native and refers to original inhabitants or traditional custodians of a country eg, Maori, Chiapas, Nunavut, Samiland, etc;

non-indigenous refers to all other peoples;

sacred means sacred according to Aboriginal tradition; and

secret means secret according to Aboriginal tradition.

4.2 In the case of Aboriginal human remains these do not include an object made from human hair or bodily material that is not readily recognisable as being bodily material. Casts and moulds derived from Aboriginal ancestral human remains are generally considered by Aboriginal communities as possessing the same significance and sensitivity as actual body remains. Casts and moulds, whether taken from life or death may also hold the same significance/sensitivities

5. Conditions for Accepting Human Remains and Burial Artefacts

5.1 Legislative obligations with respect to Aboriginal Human Remains and Aboriginal Objects

5.1.1 There are two pieces of government legislation which protect Aboriginal cultural heritage and govern the possession and return of Aboriginal human remains and Aboriginal objects:

• the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (the Commonwealth Act); and
• the Aboriginal Heritage Act 2006 (Vic) (the Victorian Act).

There is some overlap between the two Acts. While both Acts deal with the protection of Aboriginal areas, remains and objects, it will generally be the Victorian Act that is used to manage Aboriginal cultural property in Victoria. Recourse to the Commonwealth Act will most often be sought where a State or Territory’s laws are inadequate to protect an area or object of Aboriginal significance.

5.1.2 The Victorian Act requires that a person in possession of Aboriginal human remains must, as soon as practicable, take all reasonable steps to transfer the Aboriginal human remains to the Secretary of the Department for Victorian Communities. The Secretary must then either:

• return the remains to the Aboriginal party entitled to them;
• deal with the remains in accordance with directions of the Aboriginal Heritage Council; or
• transfer the remains to the Museum Board for safekeeping.

It is illegal for any individual or institution to hold Aboriginal human remains and penalties apply to both individuals and institutions.

Note: this restriction does not affect the University’s body donor program in the Department of Anatomy which accepts Aboriginal bodies where the appropriate consent requirements are met.

5.1.3 In relation to Aboriginal objects, the Victorian Act prohibits a person from possessing an Aboriginal object except with the consent of its owner, in accordance with a cultural heritage agreement or in certain other limited circumstances. Penalties apply for a breach of the prohibition.

5.1.4 The Victorian Act provides for inspectors, who have the power to seize Aboriginal human remains and objects in certain circumstances. The functions of an inspector under this Act include monitoring compliance with the Act and investigating suspected offences against the Act. If a member of staff is approached by an inspector to gain access to the University, the University’s General Counsel must be contacted. Full details of the Aboriginal Heritage Act 2006 can be accessed at http://www.dms.dpc.vic.gov.au/

5.2. Process for Acceptance by Donation, Gift or Bequest of All Other Human Remains and Burial Artefacts

5.2.1 To ensure that accurate information on the history and origin of human remains is collected, each responsible unit will appoint one representative (Donations Officer) who will have sole responsibility for the decision to accept any donations coming into that responsible unit. This should involve departmental managers in the Faculty of Medicine, Dentistry and Health Sciences; and Faculty General Managers or their nominees in those faculties that only have a small number of human remains.

5.2.2 A Deed of Donation/Gift of Human Remains and/or Burial Artefacts (Form 1 to this Protocol) must be completed when accepting donations. Similar issues should be addressed in wills where the legacy forms the subject of a bequest in the context of this Protocol in deciding whether to accept the bequest and on what terms.

5.2.3 At the time of acceptance of the donation, all care must be taken to collect and record detailed information relating to the donation, including its provenance. Schedule 1 – Items for Donations/Gifts, Bequests to the University of Melbourne must be completed at this time.

5.2.4 The Donations Officer should seek the advice of an anthropologist when completing Schedule 1 unless the remains and artefacts are commercially sourced and have satisfactory documentation and authorisation.

5.2.5 A cataloguing system of all human remains and burial artefacts should be developed within the University to facilitate and collate a database to assist international indigenous communities or international governments which may be attempting to locate human remains or burial artefacts that they wish to legitimately claim.

5.2.6 Where non-Aboriginal human remains or burial artefacts are being considered for acquisition into one of the University’s cultural collections, the acquisition policy and procedure of that collection should also be followed.

6. Storage of Human Remains and Burial Artefacts

6.1 The storage of human remains must be based on a high level of care and respect. In developing this Protocol the International Council of Museums Code of Ethics (2004) statement on storage has been drawn on. This Code states: ‘Collections of human remains and material of sacred significance should be housed securely and respectfully and carefully maintained as archival collections in scholarly institutions. It should be available for legitimate study on request. Research on such material, its housing, care and use (exhibition, replication and publication) must be accomplished in a manner consistent with professional standards and the interests and beliefs of the members of the community, ethnic or religious groups from which the object originated.

‘Requests for removal from public display of human remains or material of sacred significance must be addressed in a timely manner and with respect and sensitivity. Any new displays should be set up in ways that are sensitive to religious and cultural beliefs. Advice should be sought from appropriate communities or museum curators when creating such displays.’

7. Return and Interment of Human Remains (Deaccessioning)

7.1 Deaccessioning Policy Guidelines

7.1.1 Human remains that fall into the following categories may be considered for deaccessioning:

• those that require repatriation to a descendant or family, community or another country;
• those that have deteriorated from continued handling and use to such an extent that they are no longer recognisable or able to be used; and
• those that may endanger other items in the collection.

7.2 Procedure to Effect a Deaccessioning

7.2.1 An assessment by the Donations Officer should be completed, which lists human remains for potential deaccessioning.

7.2.2 A physical examination of the human remains should be completed by the Donations Officer and a condition report prepared. This should be signed off by the Dean or Head of Department, Chief Librarian or other relevant senior staff member responsible. At this time Form 2 to this Protocol must be completed.

7.2.3 The University’s title to the human remains must be verified to the extent that it is reasonably possible.

7.2.4 A check must take place to ensure there are no restrictions or prohibitions relating to the original bequest, gift or donation of the human remains.

7.2.5 Following the deaccessioning of the human remains, post deaccessioning activities/external relations activities should be implemented where required.

7.2.6 Where the human remains are part of one of the University’s Cultural Collections, the deaccessioning procedures of that Collection should also be followed.

7.3 Method of Deaccessioning and Interment

7.3.1 When a request is made for repatriation by a descendant or family, by an indigenous or non-indigenous community outside Australia, or by a foreign government (claimant), the Donations Officer will assist in making the human remains available for repatriation, subject to the claimant providing evidence of entitlement to those human remains.

7.3.2 When the University makes a decision that human remains consisting of skeletons, or part thereof, are no longer to be used, they should be identified and stored respectfully for a maximum of twelve months. A cremation or burial ceremony should be arranged by the University so that the human remains are interred in a respectful manner.

7.3.3 It is essential that no conflict of interest exist or be perceived to exist throughout the deaccessioning and interment process.

8. Sacred or Secret Objects

8.1 In accordance with the Victorian Act, the University may hold an Aboriginal object provided it has the consent of its owner, it is in accordance with a cultural heritage agreement or plan or in certain other limited circumstances.

8.2 Under the Victorian Act an Aboriginal person with traditional or familial links to a secret or sacred Aboriginal object held or controlled by a university, museum or other institution may-

1. on his or her own initiative, or in conjunction with one or more other Aboriginal persons, negotiate directly with the university, museum or other institution; or
2. ask the Minister to negotiate with the university, museum or other institution on behalf of the person

for the return of the secret or sacred Aboriginal object.

8.3 Aboriginal artefacts that are not sacred or secret objects and are able to be held by the University, and indigenous and non-indigenous burial artefacts, must be catalogued so that they can be identified for return or repatriation should a request be made.

Deed of Donation/Gift dated this day of

BETWEEN

The University of Melbourne of Parkville, Victoria 3010 (the University)

AND

Insert name and address (the Donor)

RECITALS

1. The Donor is the owner of the human remains /artefact(s) specifically listed in Schedule 1 to this Deed of Gift (the Donation)
2. The Donor wishes to make an immediate gift or Donation to the University on the following terms and conditions.

THIS DEED WITNESSES

1. The Donor warrants that he/she/they/it is the sole and unencumbered owner of the donation and that he/she/they/it has the right to enter into this Deed.
2. The Donor declares that he/she/they/it was advised by the University to seek independent legal advice before executing this Deed.
3. The Donor hereby irrevocably gives to the University the Donor’s full title, rights and interests in the Donation.
4. The Donor agrees that the Donation will be used in accordance with all applicable State and Federal legislation and the University’s statutes, regulations, policies and Protocol for the Accessioning, Storage and Deaccessioning of Human Remains and Burial Artefacts.
5. The University will identify the Donation as stipulated in Schedule 1 to this Deed.
6. Unless otherwise agreed in writing, the University will not meet any costs of transporting the Donation to the University.
7. Each party will be responsible for their own legal costs in relation to the preparation and execution of this Deed.
8. This Deed will not have effect unless the Schedule has also been signed by the Donor, or a copy of the Schedule is attached bearing such signature.

EXECUTED AS A DEED

GIVEN under the COMMON SEAL of
THE UNIVERSITY OF MELBOURNE
by direction of an officer authorised for
the purpose under Statute 1.5.4 of the
University of Melbourne Statutes

SIGNED, SEALEDAND DELIVERED by the DONOR
in the presence of:

..............................................

Signature of Witness

..............................................

Name of Witness

SCHEDULE 1 – THE DONATION

1. Origin of Donation
   
   
2. History of Donation
   
   
3. Dimensions/Description
   
   
4. Provenance
   
   
5. Any other comments
   
   
6. Title of Person/Donor

...........................................................

Signature of Donor

.........................................................

Date

1. Description
   
   
2. Any Existing Documentation
   
   
3. Is the University the Owner of the Legal Title? Include details of how legal title was established.
   
   
4. Method of Acquisition – If Known
   
   
5. Any Restrictions in Place - Time of Acquisition?
   
   
6. Assessment of the Condition
   
   
7. Is the Item of Cultural Significance?
   
   
8. Specific Reason for Deaccessioning
   
   
9. Preferred Method of Interment
   
   
10. Title of Person Providing Authorisation

...........................................................

Signature

............................................................

Date

• International Council of Museums Code of Ethics (2004)

• Museums Australia’s - Previous Possessions, New Obligations. Policies for Museums in Australia and Aboriginal and Torres Strait Islander Peoples. 2000

• The University’s Policy and Minimum Requirements for Management of Cultural Collections

• The Accessioning and Deaccessioning Policies of the University’s Ian Potter Museum of Art

• Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)
• Archaeological and Aboriginal Relics Preservation Act 1972 (Vic)
• Human Tissue Act 1982 (Vic)

• Aboriginal Heritage Bill - Exposure Draft Aboriginal Affairs Victoria

• Aboriginal Heritage Act 2006 (Vic)

4.17 Memorial Tree Policy and Guidelines

The Buildings and Estates Committee adopts the following guidelines regarding proposals to plant and/or name memorial trees on University of Melbourne campuses.

Form of Proposal

All such proposals must be accompanied by a general statement in support of the proposal with a summary paragraph suitable for inclusion in any reports to Council.

Procedure for Submission of Proposals

1. Proposals may come from any source but ordinarily would be submitted with the support of the Dean of a Faculty, the President of the Academic Board, or the Vice-Chancellor.
2. Proposals may suggest potential locations or species of tree.
3. Proposed must be addressed to the Vice-Principal (Property and Campus Services) who will forward it to the Landscape Sub-Committee.
4. The Landscape Sub-Committee will investigate the proposal and make such recommendation as it considers appropriate to the Building and Estates Committee.
5. The Building and Estates Committee will consider and determine the proposal in light of the recommendation of the Landscape Sub-Committee.
6. Trees will not be marked by permanent plaques or signs. Property and Campus Services will maintain a record of memorial trees, a version of which will be made available to the public.

Maintenance

Current memorial plantings should be maintained. In the event of a memorial planting becoming dangerous, diseased or dead:

1. The significance of the memorial should be assessed.
2. If possible, the original source of the proposal should be consulted.
3. A decision can then be made on the replanting of the memorial or otherwise.