‘Our pets give us unconditional love’: Why the PM says this state law needs review

Deb Tranter’s pets aren’t just companion animals, they’re family. And just like with any beloved family member, she wants to be laid to rest alongside her furry companions when her time comes.

So, each time she loses one of her dogs, she buries them in her family plot in Castlemaine in Victoria. However, by doing this, she is technically breaking the law.

Under the Victorian Cemeteries and Crematoria Act, the cremation or burial of non-human remains within a public cemetery is prohibited. So, if someone wishes to be buried with their pets, they must obtain any necessary authorisation to be buried (or have their ashes scattered) outside a public cemetery, such as on private land.

But this comes with a catch. Remains buried on private land are ultimately at the discretion of the landowners, who could develop their land at any point. But no one can disturb the remains in public cemeteries – they are buried in perpetuity.

The issue was spotlighted last week when Prime Minister Anthony Albanese was asked during a radio interview about human-pet co-burials.

“If people feel close to their pets, and they want to be buried with them, why would you stop it? Who’s being hurt?” he said on Raf Epstein’s ABC Mornings radio show last week.

“The thing about our pets is they give us unconditional love and no matter how difficult my day is, when I come in, there is a little furry friend who is absolutely ecstatic and excited to see me … So, for goodness’ sake, whatever that law is, a bit of common sense should apply, surely.”

Tranter, who manages the Castlemaine General Cemetery, agrees change is overdue.

“We’ve recognised the importance of pets in our lives, and other legislation has been changed over the years to reflect that,” she says.

“In Victoria, the rental laws were changed so that renters are allowed to have pets. Aged care or retirement laws have changed, so when people move into aged care, they can bring their pet. Even on the federal level, we’ve changed the Family Law Act – pets are now recognised as companions, rather than property.”

Tranter is one of a growing number of Victorians who wish to be buried with their pets. Over the six years she has managed a public cemetery, she says she has reopened several family plots to bury beloved cats and dogs. In doing so, she runs the risk of penalties, including fines, for breaching legislation.

“People are wanting this, so it’s really hard to deny them,” she says. “I’ve just made the choice that I’m going to allow it to happen.”

Georgie Purcell, Animal Justice Party MP and member for Northern Victoria, says other cemetery managers are making the same call, especially as more people – particularly younger generations and those who don’t have children – request in their wills that their pets be buried with them.

“It’s essentially because of an old religious belief that at one point said animals don’t have souls. So, countless funeral directors and cemetery managers are faced with an impossible decision every day of either honouring someone’s dying wish or breaking the law. Most of them are choosing to break the law,” Purcell says.

In June, the NSW government passed changes to the state’s Cemeteries and Crematoria Act to clarify that the remains of deceased companion animals may be placed with their late humans’ remains. Purcell hopes this will set some kind of precedent for the rest of Australia.

When approached by this masthead, a Victorian government spokesperson said it “understands the important role pets play in people’s lives” and that some Australians wish to be buried with them upon death.

“We will continue to listen to advocacy and views on this issue.”

Purcell first raised this issue with the Victorian Parliament last September, and has multiple times since. But so far, she says no concrete action has been taken. Though it only requires a small amendment, Purcell says the reluctance could be that this change would reveal a broader need for reform across the Cemeteries Act.

“It just goes to show how silly we look that this has come to the government’s attention, and they haven’t done anything about it. Every single person who finds out this isn’t allowed is shocked by it, including the prime minister.”

Amending the law wouldn’t just help emotionally, but also logistically. Tranter says she has to note the details of every interment, including how deep and where all remains are buried. But since pet co-burials are illegal, they’re omitted from the record.

“I want to be able to legally record these pet burials, and their position in the grave so we’re not going to be disturbing the remains if we need to reopen that grave.”

Chief executive of the Australasian Cemeteries and Crematoria Association Ben Kelly says the current Victorian Act should be revised if there is genuine public demand. However, he cautions those who want to be buried with their pets to consider the logistics.

“There’s a difference between placing ashes of a dog into a grave, and placing a dog’s remains,” Kelly says. “Will the dog go into a coffin or straight into a grave? And if the owner dies before the pet, make sure you’re not euthanising the pet to then go into the grave.”

Then there are the issues of cost and space. It could cost anywhere between a hundred and thousands of dollars to place the ashes of a pet into a plot, and if a pet takes up one spot, it could mean another family member forfeits.

Regardless of the outcome, Kelly says conversations around death are vital, especially in a country as “death-averse” as Australia.

“We don’t talk about death – how expensive death is, how you can pre-purchase sites so it doesn’t become a burden on your children,” he says. “So far, none of us are immortal, so it’s wise to have these conversations now when we can make a change.”

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