As the Tasmanian Government progresses its overhaul of the Aboriginal Heritage Act, debate continues about the integrity and inclusiveness of the consultation process. What is certain, however, is that the Act will be revised. Like most matters shaped within Western legal systems, legislative change will proceed regardless of individual preference or political alignment. The real opportunity before us is not whether the Act changes, but how we, as Aboriginal people, choose to engage with that change.
This moment calls for discipline, cultural grounding, and a willingness to rise above past grievances. Our old people endured dispossession, violence, and the attempted erasure of our languages and cultural practices so that we might still stand here today. Their struggle was not so we could fall into lateral conflict or internal division. Under cultural lore, we carry responsibilities: to connect, to resolve differences, and to act with the wellbeing of future generations at the centre of our decisions, this is the fabric of our being. Our obligation is not to do what benefits us individually in the present most, but to those we will one day welcome into existence, or those young ones who look to us for leadership and teaching now.
Across lutruwita / trouwunna / Tasmania, an inaccurate narrative continues to circulate, one shaped by selective truths and amplified by loud voices rather than careful thought. When the Government opened consultation (somewhat improved from the previous attempt) on the new Aboriginal Heritage legislation, it was an open invitation for Aboriginal people and organisations to participate, notwithstanding past hurt. The process is not perfect, but it is a step forward. As with all systems not designed for us, we must learn to work within them strategically, just as our ancestors adapted to survive. We use the tools available until the structures we need can be built. As a student of Law, this is not an easy feat nor a short one, as such timing is important.
Recent events, such as the court's rejection of on‑Country hearings despite calls from Aboriginal leaders for culturally grounded processes, remind us that we are still required to navigate institutions that do not reflect our worldview. Yet this does not diminish our responsibility to engage. When invitations for consultation are offered, stepping forward is an act of sovereignty. Declining to participate only limits our influence and misleads our community about the opportunities available.
Public commentary has suggested that Aboriginal organisations were excluded from contributing to the new Bill. This is not accurate. Opportunities to engage have been provided. In March, Nala Mansell stated that she did not know what the new Act might contain and that the Tasmanian Aboriginal Centre had not been consulted. She expressed that the community was "outraged" and that Aboriginal people were being "completely shut out" of drafting new laws, as reported in The Mercury and National Indigenous Times.
These concerns reflect genuine frustration, but they do not reflect the full picture of the consultation process. On the other hand, the Tasmanian Regional Aboriginal Communities Alliance (TRACA) has detailed that though the initial consultation process was not ideal it has improved and TRACA has actively engaged in the consultation process, consistently calling for authentic engagement during legislative development underpinned by the meaningful involvement of Tasmanian Aboriginal communities. As stated in March 2026, TRACA says it will continue to advocate strongly for reforms which strengthen the protection of Aboriginal heritage, this follows consultation in late March and the public release for commentary in April.
With this said, the deeper issue is not whether consultation has been offered, it has, but whether all parts of our community chose to participate. Suggesting otherwise creates division and distracts from the real work ahead. Truth‑telling requires accuracy, not narratives shaped by organisational rivalry, historical tension or conflicted interest. Cultural authority does not rest with any single group, not TRACA the Tasmanian Aboriginal Centre (TAC) or the Aboriginal Land Council of Tasmania (ALCT). Right of return, the recognition of ancestral connection and belonging and historical and living culture, is foundational to our lore. Excluding or delegitimising Aboriginal people because their families were displaced, removed, or forced into silence is not culturally grounded, it is a continuation of the harm inflicted upon us that got us to this point in the first place.
In a thousand years, our descendants will not debate who was "late" in returning to community and therefore lose their right to contribute. They will ask whether we upheld our responsibilities to each other. Whether we stood together when the moment required unity, collaboration and true community co-design. Whether we built a strong, adaptive, culturally grounded community capable of navigating both our own lore and that of the imposed systems around us. This will be our measure.
Change is the only constant and as such we adapt or get left behind. When our ancestors reflect on us, both in this life and the next, what will they say? Culture is not measured by surnames, time spent on islands, or the approval of organisations. It is carried in bloodline, in responsibility, in group and individual connection and in the way we uplift each other.
Change is a must, but that must come from within first.
Mark Harriss is a Pairrebeene/Trawlwoolway man of the Coastal Plains nation, an experienced senior executive and Chair of Melaythenner Teeackana Warrana Aboriginal Corporation (MTWAC) who brings extensive experience in community development, organisational governance, risk and leadership, delivering priority outcomes in diverse sectors across Australia and internationally.
