Version No. 031 Cemeteries and Crematoria Act 2003 No. 80 of 2003 Version incorporating amendments as at 1 November 2017 The Parliament of enacts as follows: 1 Purposes The main purposes of this Act are— (a) to provide for the management and operation of cemeteries and crematoria; and (b) to repeal the Cemeteries Act 1958. 2 Commencement This Act comes into operation on 1 July 2005. S. 2A inserted by No. 61/2009 s. 3. 2A Objects The objects of this Act are to ensure that— (a) human remains are treated with dignity and respect; (b) all Victorians have access to cemetery and crematoria services; (c) cemetery trusts operate effectively and efficiently in accordance with this Act. 3 Definitions (1) In this Act— S. 3(1) def. of Aboriginal ancestral remains inserted by No. 11/2016 s. 136. Aboriginal ancestral remains has the same meaning as in the Aboriginal Heritage Act 2006;
interment approval means an approval granted by the Secretary under Part 8 to inter bodily remains in a place other than a public cemetery; interment authorisation means an authorisation granted by a cemetery trust under Part 8 to inter bodily remains in a public cemetery for which the cemetery trust is responsible; lift and re-position procedure means the procedure described in section 90; S. 3(1) def. of listed Class B cemetery trust inserted by No. 61/2009 s. 4(1). listed Class B cemetery trust means a Class B cemetery trust included on a list prepared by the Secretary under section 18K; memorial means a monument, tombstone, headstone, ledger, cenotaph, plaque or other method of memorialising a deceased person where that memorial is within a public cemetery; model rules means model rules made in accordance with section 25; municipal council means a Council within the meaning of the Local Government Act 1989; place of interment means a grave, vault, mausoleum, niche wall or any other structure or plot used for the interment of human remains; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 14.1). police officer has the same meaning as in the Victoria Police Act 2013;
Schedule 4 has effect. S. 6 (Heading) amended by No. 61/2009 s. 8(1). 6 Constitution and membership of Class B cemetery trusts S. 6(1) amended by No. 61/2009 s. 8(2). (1) A Class B cemetery trust consists of not less than 3 and not more than 11 members appointed by the Governor in Council on the recommendation of the Minister. S. 6(2) amended by No. 61/2009 s. 8(2). (2) Despite subsection (1), in the case of a closed cemetery or a historic cemetery park, a Class B cemetery trust which manages that cemetery may consist of one member. S. 6(3) amended by No. 61/2009 s. 8(2). (3) Schedule 1 has effect with respect to the membership and procedure of a Class B cemetery trust. S. 6A inserted by No. 61/2009 s. 9. 6A Constitution and membership of Class A cemetery trusts (1) A Class A cemetery trust consists of not less than 6 and not more than 9 members appointed by the Governor in Council on the recommendation of the Minister. (2) In making a recommendation under subsection (1), the Minister must ensure that any appointment contributes to the Class A cemetery trust collectively having the skills and expertise required to perform its functions. (3) Schedule 1A has effect with respect to the membership and procedure of a Class A cemetery trust. S. 6B inserted by No. 61/2009 s. 10. 6B Cemetery trusts are Class B cemetery trusts unless order or Act otherwise specifies
10 Appointment of an administrator (1) On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may appoint an administrator to manage a public cemetery. S. 10(2) substituted by No. 61/2009 s. 14. (2) The Minister may only make a recommendation referred to in subsection (1) in respect of a public cemetery managed by a Class B cemetery trust if, in his or her opinion— (a) the public cemetery is being inefficiently or incompetently managed; or (b) the appointment is necessary to protect the interests of the public; or (c) the Class B cemetery trust has failed to comply with a direction under section 18 or 50 and that failure justifies the appointment of an administrator; or (d) after an audit under section 50 or an audit or investigation under section 51 has been conducted into the Class B cemetery trust, the outcome of that audit or investigation justifies the appointment of an administrator. S. 10(2A) inserted by No. 61/2009 s. 14. (2A) The Minister may only make a recommendation referred to in subsection (1) in respect of a public cemetery managed by a Class A cemetery trust if, in his or her opinion— (a) the public cemetery is being inefficiently or incompetently managed; or (b) the appointment is necessary to protect the interests of the public; or (c) the Class A cemetery trust has failed significantly to meet its outcomes as specified in its annual plan; or
(i) to provide leadership, assistance and advice as requested to listed Class B cemetery trusts; (j) to establish committees in accordance with the Act and ensure those committees operate effectively; (k) to ensure the Secretary is informed as soon as practicable of— (i) any significant issues of public concern in relation to the cemetery trust, cemetery or crematoria services provided by that cemetery trust or the public cemeteries for which that cemetery trust is responsible; or (ii) any significant risks that affect, or may affect, the cemetery trust or cemetery or crematoria services provided by that cemetery trust or the public cemeteries for which that cemetery trust is responsible; (l) to develop or adopt a code of conduct for members of the cemetery trust and for staff of the trust; (m) to ensure members of the cemetery trust receive adequate training to enable them to meet their obligations as members of the cemetery trust; (n) to carry out any other function conferred on a Class A cemetery trust by or under this Act or any other Act. (2) In exercising its functions, a Class A cemetery trust must have regard to— (a) its obligations in relation to funding of the perpetual maintenance of the public cemetery for which it is responsible; and
community regarding the cemetery or crematoria services provided by the Class A cemetery trust; (d) to carry out any other functions conferred on it— (i) under this Act; or (ii) by the community advisory committee guidelines; or (iii) by the Class A cemetery trust. S. 18F inserted by No. 61/2009 s. 21. 18F Membership and procedure of community advisory committees (1) A community advisory committee consists of the persons appointed by the Class A cemetery trust, having regard to the community advisory committee guidelines. (2) In appointing a person to a community advisory committee, a Class A cemetery trust must give preference to a person who is not a funeral director or a stonemason or the holder of a similar position. (3) A community advisory committee may regulate its own proceedings subject to— (a) this Act; and (b) any directions of the Class A cemetery trust which established the community advisory committee; and (c) the community advisory committee guidelines. S. 18G inserted by No. 61/2009 s. 21. 18G Community advisory committee guidelines (1) The Secretary must make guidelines for or with respect to community advisory committees, including but not limited to—
(c) tendering and contracting processes and requirements. S. 18K inserted by No. 61/2009 s. 21. 18K Listed Class B cemetery trusts (1) The Secretary may prepare a list of Class B cemetery trusts which are eligible to receive leadership, assistance and advice from Class A cemetery trusts. (2) The Secretary— (a) must specify in the list prepared under subsection (1) which Class A cemetery trust has the leadership, assistance and advice role in relation to which Class B cemetery trust; (b) may amend the list as the Secretary considers appropriate by— (i) adding, varying or deleting names of cemetery trusts from the list; or (ii) allocating different Class B cemetery trusts to different Class A cemetery trusts. (3) The Secretary must cause the list prepared under subsection (1)— (a) to be provided to each Class A cemetery trust; and (b) to be published on the Internet. (4) The list prepared under subsection (1) takes effect on the date specified in the list. S. 18L inserted by No. 61/2009 s. 21. 18L Chief executive officer (1) A Class A cemetery trust must employ a person as the chief executive officer (by whatever title called) of the Class A cemetery trust. (2) The chief executive officer holds office—
(d) any other matters agreed to by the Minister and the Class A cemetery from time to time. (2) An annual plan must be consistent with— (a) the strategic plan of the Class A cemetery trust; and (b) the guidelines made by the Secretary under section 18P, if any. (3) A Class A cemetery trust must give a copy of the proposed annual plan to the Secretary on or before 30 September each year for the Secretary's approval. (4) On the submission of a proposed annual plan under subsection (3), the Secretary may— (a) approve the annual plan; or (b) refer the annual plan back to the cemetery trust for amendment in accordance with any comments or directions the Secretary may give. (5) If the Secretary refers an annual plan back to a Class A cemetery trust under subsection (4)(b), the Class A cemetery trust must— (a) make the amendments required by the Secretary; and (b) deliver the completed annual plan to the Secretary within 3 months after it was submitted to the Secretary under subsection (3). (6) On receipt of a completed annual plan under subsection (5)(b), the Secretary— (a) may approve the annual plan; or (b) if the Secretary requires further amendments—