1Purposes
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.
Parliamentary material from legislation.vic.gov.au and the Parliament of Victoria. Links open the official source in a new tab.
Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
to provide for the management and operation of cemeteries and crematoria; and
to repeal the Cemeteries Act 1958.
This Act comes into operation on 1 July 2005.
S. 2A inserted by No. 61/2009 s. 3.
The objects of this Act are to ensure that—
human remains are treated with dignity and respect;
all Victorians have access to cemetery and crematoria services;
cemetery trusts operate effectively and efficiently in accordance with this Act.
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;
S. 3(1) def. of affected person inserted by No. 16/2021 s. 4.
affected person has the meaning given by section 84A(1);
authorised officer means a person appointed as an authorised officer under Part 13;
bodily remains means a corpse of a human being, including a corpse of a still-born child but does not include—
body parts; or
cremated human remains;
body parts means human tissue or a part of a person where that tissue or part is not part of a corpse and includes foetal remains which are not a still-born child;
building for ceremonies means a building, chapel or other place of worship or commemoration for the use of a particular faith, religion or cultural group;
S. 3(1) def. of cemetery trust substituted by No. 61/2009 s. 4(2).
cemetery trust means a cemetery trust established under Part 2 and includes a Class A cemetery trust and a Class B cemetery trust;
S. 3(1) def. of cemetery trust fee substituted by No. 61/2009 s. 26(b).
cemetery trust fee means a fee or charge or scale of fees and charges set under section 39 and either—
approved under section 40; or
exempt under section 40A from approval under section 40;
cemetery trust rules means rules made by a cemetery trust under section 26;
S. 3(1) def. of Class A cemetery trust inserted by No. 61/2009 s. 4(1).
Class A cemetery trust means a cemetery trust established as a Class A cemetery trust under Part 2 or Schedule 4 or converted under Schedule 3;
S. 3(1) def. of Class B cemetery trust inserted by No. 61/2009 s. 4(1).
Class B cemetery trust means a cemetery trust other than a Class A cemetery trust;
closed cemetery means a cemetery or part of a cemetery to which an order under section 62 applies;
S. 3(1) def. of community advisory committee inserted by No. 61/2009 s. 4(1).
community advisory committee means an advisory committee established by a Class A cemetery trust under section 18D;
S. 3(1) def. of community advisory committee guidelines inserted by No. 61/2009 s. 4(1).
community advisory committee guidelines means guidelines made by the Secretary under section 18G;
S. 3(1) def. of conversion order inserted by No. 61/2009 s. 4(1).
conversion order means an order made under section 9A;
cremated human remains means—
a corpse of a human being (including a corpse of a still-born child) which has been cremated in a crematorium;
body parts which have been cremated in a crematorium;
cremation approval means an approval to cremate bodily remains at a crematorium in a public cemetery granted by the Secretary under section 134;
cremation authorisation means an authorisation to cremate bodily remains granted by a cemetery trust under section 133;
crematorium means a building or structure fitted with appliances for the purposes of cremating bodily remains;
S. 3(1) def. of domestic partner inserted by No. 4/2015 s. 4(2).
domestic partner of a person means—
a person who is in a registered relationship with the person; or
an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
for fee or reward; or
on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
exhumation licence means a licence to exhume or remove human remains granted by the Secretary under Part 12;
S. 3(1) def. of family member inserted by No. 4/2015 s. 4(2).
family member, in relation to a deceased identified veteran, means—
a spouse or domestic partner of the deceased identified veteran; or
a child of the deceased identified veteran, including a stepchild or an adopted child; or
a parent of the deceased identified veteran;
S. 3(1) def. of fees and charges guidelines inserted by No. 61/2009 s. 26(a).
fees and charges guidelines means guidelines made under section 42A;
S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 1.1).
film friendly principles has the same meaning as in the Filming Approval Act 2014;
S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 1.1).
film permit has the same meaning as in the Filming Approval Act 2014;
S. 3(1) def. of governance committee inserted by No. 61/2009 s. 4(1).
governance committee means a governance committee established by a Class A cemetery trust under section 18B;
human remains means—
bodily remains;
cremated human remains;
body parts;
S. 3(1) def. of indictable offence inserted by No. 16/2021 s. 4.
indictable offence has the meaning given by section 84A(1);
interment means the interring, burial or placing of human remains in a place of interment and, in relation to cremated human remains, includes the interment of those remains whether or not the remains are enclosed in a receptacle;
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;
S. 3(1) def. of municipal council amended by No. 9/2020 s. 390(Sch. 1 item 13.1).
municipal council means a Council within the meaning of the Local Government Act 2020;
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;
S. 3(1) def. of previous holder inserted by No. 16/2021 s. 4.
previous holder, of a right of interment that is forced to be surrendered under section 84C(2), (3) or (5), has the meaning given by section 84A(1);
public grave means a grave for multiple interments in which more than one person may be interred and in respect of which more than one person may be granted a right of interment that permits one interment only and no re-use of the grave by the holder of the right of interment;
S. 3(1) def. of registered medical practitioner substituted by No. 97/2005 s. 182(Sch. 4 item 7), amended by No. 13/2010 s. 51(Sch item 9).
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 3(1) def. of relevant offender inserted by No. 16/2021 s. 4.
relevant offender has the meaning given by section 84A(1);
S. 3(1) def. of responsible person inserted by No. 16/2021 s. 4.
responsible person, in relation to another person's death, has the meaning given by section 84A(2);
right of interment means a right of interment granted by a cemetery trust in accordance with Part 6;
S. 3(1) def. of Secretary substituted by No. 29/2010 s. 50(1).
Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;
S. 3(1) def. of spouse inserted by No. 4/2015 s. 4(2).
spouse of a person means a person to whom that person is married;
still-born child has the same meaning as it has in the Births, Deaths and Marriages Registration Act 1996;
S. 3(1) def. of transfer amended by No. 4/2015 s. 4(1).
transfer, in relation to a right of interment, means—
sale; or
gift; or
bequest in a will; or
other assignment;
S. 3(1) def. of veteran inserted by No. 4/2015 s. 4(2).
veteran means a person who has performed service or duty within the meaning of the Veterans Act 2005.
S. 3(2) amended by Nos 108/2004 s. 117(1) (Sch. 3 item 27.1), 29/2010 s. 50(2).
If under the Public Administration Act 2004 the name of the Department of Health is changed, a reference in the definition of Secretary in subsection (1) to that Department must, from the date that the name is changed, be treated as a reference to the Department by its new name.
S. 3(3) inserted by No. 4/2015 s. 4(3).
For the purposes of the definition of domestic partner in subsection (1)—
registered relationship has the same meaning as in the Relationships Act 2008; and
in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
a person is not a domestic partner of another person only because they are co-tenants.
S. 3A inserted by No. 51/2014 s. 9(Sch. 2 item 1.2).
This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.
Part 2—Cemeteries and cemetery trusts
The Governor in Council, by order published in the Government Gazette, may establish a public cemetery.
A public cemetery may only be established on Crown land reserved or deemed to be reserved for the purposes of cemeteries and crematoria under section 4 of the Crown Land (Reserves) Act 1978 or any corresponding previous enactment.
The Order must specify the land in respect of which the public cemetery is established.
S. 4(4) substituted by No. 61/2009 s. 27.
The Governor in Council, by order published in the Government Gazette, may—
change the name of a public cemetery;
include additional reserved Crown land in a public cemetery;
remove any land that has ceased to be reserved for the purposes of a cemetery from a public cemetery;
amend or vary an order made under subsection (1).
The Governor in Council, by order published in the Government Gazette, may establish a cemetery trust.
S. 5(1A) inserted by No. 61/2009 s. 5.
An order under subsection (1)—
must specify whether the cemetery trust is a Class A cemetery trust or a Class B cemetery trust;
may make provision for any other matter which, in the opinion of the Governor in Council, is necessary or expedient for the effective operation of that order;
may include savings, transitional or consequential provisions to facilitate the operation of the order.
A cemetery trust—
is a body corporate with perpetual succession; and
has a common seal; and
may sue and be sued in its corporate name; and
may acquire hold and dispose of real and personal property; and
may do and suffer all acts and things that a body corporate may by law do and suffer.
The common seal of each cemetery trust must be kept as directed by the trust.
All courts must take judicial notice of the imprint of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed.
S. 5A inserted by No. 61/2009 s. 6.
Schedule 3 has effect.
S. 5B inserted by No. 61/2009 s. 7.
Schedule 4 has effect.
S. 6 (Heading) amended by No. 61/2009 s. 8(1).
S. 6(1) amended by No. 61/2009 s. 8(2).
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).
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).
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.
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.
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.
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.
On and from the commencement of section 10 of the Cemeteries and Crematoria Amendment Act 2009, a cemetery trust in existence at that commencement is taken to be a Class B cemetery trust unless this Act or any subsequent order made under this Act otherwise specifies.
Showing the first 12 of 304 provisions. See all provisions