A grieving Illawarra woman is yet to bury her young son more than two months after his death, caught between the law and her wishes to lay him to rest in accordance with the family's Aboriginal culture.
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The 12-year-old, who cannot be named for cultural reasons and because he is a child victim of an alleged crime, died after a Holden Barina hit traffic lights at the intersection of Memorial Drive and Towradgi Road early on October 4.
His mother, accompanied by an Indigenous elder, went to collect his remains from Wollongong Hospital ahead of his funeral on November 11.
However, the family said they were stopped and told they couldn't due to "health concerns".
A NSW Health Pathology spokesperson said they would not release information on specific cases for privacy reasons.
"NSW Health social workers are providing support for the family to facilitate their wishes as early as possible, in a culturally respectful manner that is also consistent with the requirements of the Public Health Act and the Coroners Act," the spokesperson said.
The family has confirmed that they are working with NSW Health to move forward.
The boy's mother wants to bury him on land that is recognised by the NSW government as an official Aboriginal Place, but it is private land and does not meet the requirements for burials under public health regulations.
The land on which she wants to bury her son also holds a historical Aboriginal burial site. The woman said it was the country on which her son was born and to which he should return.
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"Our family feels that our culture is being somewhat disrespected," she said.
To grieve fully, she needs her son returned to the land where he belongs. The bereaved mother described her son as a popular child.
"He was one of those kids other kids flocked to," the woman said.
She remembered her son as someone who tried to keep his friends out of trouble, and someone who acted as a peacemaker.
When he wasn't with his friends, the boy could be found by his mother's side.
"He was a good kid, well-known within the community," she said.
Meanwhile Wollongong City Council is working on establishing an Aboriginal section within the Wollongong Lawn Cemetery at Kembla Grange, but it is still in the early stages of the design process.
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