Funerals for Aboriginal and Torres Strait Islander people

There is a special process in place for Aboriginal and Torres Strait Islander people who need to leave prison temporarily to go to the funeral of a close family member. This is because of the special kinship and family obligations, and the cultural rights of Aboriginal and Torres Strait Islander people. 

In 1991 the Royal Commission into Aboriginal Deaths in Custody made a recommendation that: 

“Corrective Services give recognition to the special kinship and family obligations of Aboriginal prisoners which extend beyond the immediate family and give favourable consideration to requests for permission to attend funeral services and burials and other occasions of very special family significance.” 

Section 19(2) of the Victorian Charter of Human Rights says:  

“Aboriginal persons hold distinct cultural rights and must not be denied the right, with other members of their community— 

        (a)     to enjoy their identity and culture; and 

        (b)     to maintain and use their language; and 

        (c)     to maintain their kinship ties; and 

        (d)     to maintain their distinctive spiritual, material and economic relationship with the land and waters and other resources with which they have a connection under traditional laws and customs.” 

The process for Aboriginal and Torres Strait Islander people who need to leave prison temporarily for the funeral of a close family member comes from Commissioner’s Requirement 1.2.8 – Funeral Attendance of Aboriginal Prisoners. 

The Requirement references the Royal Commission’s recommendation and section 19 of the Victorian Charter of Human Rights. 

What is a ‘close family member’? 

‘Close family member’ is meant to recognise definitions of family and kinship in Aboriginal and Torres Strait Islander communities and can extend to kinship ties beyond immediate family members. 

Process for applying to attend a funeral 

If you are an Aboriginal or Torres Strait Islander person in prison who needs to attend a funeral of a close family member, this is the process followed: 

1. Let Aboriginal Wellbeing Officer (AWO) or Aboriginal Liaison Officer (ALO) at your prison know that you need to attend a funeral.

2. Complete an application for Community Custodial Permit (in Victoria) or Custodial Interstate Community Permits (interstate) with the AWO or ALO.

3. The AWO or ALO will do checks on your application.

4. The AWO or ALO will give your application to the General Manager and send it to Naalamba Ganbu and Nerrlinggu Yilam. 

5. If there are multiple applications from people in prison to attend the same funeral, senior staff at Corrections Victoria will make a final list of who can attend.

6. The General Manager of your prison will consider your application.

7. The AWO or ALO will let you know whether your application was accepted or refused. 
   • If your application is refused, the AWO or ALO can ask senior staff at Corrections Victoria to re-assess your application.
   • If your application is approved, there are rules and procedures that prison staff and escorts must follow. Scroll down for more information.  

For more information on each step, use the link on the left side of this page.