Topic 7: Consistency of forms and fees

Review of the Cemeteries Act 1986 and Cremation Act 1929

Background

Topic 7A: Cemetery forms

Although regulation-making powers exist under the Cemeteries Act, there are currently no regulations or prescribed forms for cemeteries.

Cemetery authorities have by-laws and local laws which provide for their own forms covering a range of matters, such as:

Applications:

  • Application for burial and instruction for grave
  • Application for cremation and disposal of ashes
  • Application for funeral director’s licence
  • Application for single funeral permit
  • Application for monumental work
  • Application for monumental mason’s licence.

Notices:

  • Infringement notices
  • Withdrawal of infringement notices.

Licences:

  • Funeral director’s licence
  • Monumental mason’s licence.

Grants/assignments/authorities:

  • Grant of right of burial
  • Assignment of grant of right of burial
  • Authority for placement of ashes.

Through the provision of by-laws and local laws, each individual cemetery develops their own forms to meet their specific operational requirements for their regions. This results in inconsistencies. A sample of licence application forms currently in use by cemetery authorities demonstrated that the following matters are not universally required:

  1. Details of relevant insurance policies for funeral director and monumental mason licensing
  2. Referees, national police clearances and declaration of past bankruptcies/receiverships for an annual funeral director’s licence
  3. Details of any offences committed by applicants
  4. Cremation certificate number for interment of ashes.

Topic 7B: Cremation forms

Forms for the regulation of cremation are prescribed under the Cremation Regulations 1954 (Schedule 1):

Application form numbers and titles:

  1. Application for a licence to use and conduct a crematorium.
  2. Application for certificate of Chief Health Officer to give effect to a licence to a licence granted to use and conduct a crematorium
  3. Application for permit to cremate.

Certificate/permit/licence title

  1. Licence to use and conduct a specified crematorium (for Cemetery Boards)
  2. Licence to use and conduct a specified crematorium (for Associations)
  3. Certificate of the Chief Health Officer giving effect to a licence to use and conduct a crematorium
  4. Certificate of Medical Practitioner
  5. Coroner’s certificate
  6. Permit to cremate (for medical referee)
  7. Notice of refusal of application to cremate
  8. Register of cremations (to be kept by every licensee of a crematorium and available for inspection by the public for a small fee)
  9. Certificate of cremation (notice to the Chief Health Officer and the Registrar General)
  10. Certificate of Medical Practitioner who has conducted a post-mortem examination.

Topic 7C — Cemetery and cremation fees

Cemetery authorities currently set their own cemetery fees as part of their wider annual schedule of fees and charges. Like the forms, this allows individual cemeteries to set their own prices to meet operational requirements for their regions, however, this results in inconsistencies. In addition to basic fees for items such as the grant of right of burial and interment services, fees also differ between cemeteries for annual funeral director and monumental mason licences.

Similarly, cremation service fees are set by the cemetery authority that operates a crematorium within their facilities. While fees for a licence to use and conduct a crematorium, as well as fees for a permit to conduct the cremation are prescribed under the Cremation Regulations 1954, the cost of the cremation service varies throughout each cemetery.

Other jurisdictions

Examples of how some other jurisdictions administer their forms for the cemetery and cremation industry include:

  • Victoria: the application for a right of interment form, which was developed by the State’s Department of Health & Human Services, is available to all cemetery trusts but is not mandatory.
  • New South Wales: Cemeteries & Crematoria NSW has developed templates for industry use. Cemetery operators are not required to use the templates, but they must ensure that the required information collected is compliant with the relevant Act.
  • Tasmania: each cemetery authority has its own bespoke forms. The Local Government Division of the Department of Premier and Cabinet is the regulator.
  • Northern Territory: each cemetery authority has their own bespoke forms.

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Issues and reform options for topics 7A, 7B and 7C

Topic 7A — Cemeteries forms

Issue

Issue 7A.1: The Cemeteries Act does not provide any prescribed forms. Cemetery authorities currently prescribe their own forms in their by-laws or local laws.

Reform options

Option 1: Retain status quo.

Pros:

  • No legislative amendment.
  • Cemetery authorities have the autonomy to create their own forms.

Cons:

  • Inconsistency of forms across cemetery authorities.
  • Administrative burden particularly for funeral directors in regional areas who operate across several local government areas.

Option 2: Introduce prescribed forms in legislation.

Pros:

  • Forms consistent between cemetery authorities.
  • Reduces administrative burden.

Cons:

  • Cemetery authorities will not have the autonomy to create their own forms to meet the specific operational needs of their own region.
  • May be costs associated with the administration and enforcement of the new requirements.

Topic 7B — Cremation forms

Issue

Issue 7B.1: There are prescribed forms set out in the Cremation Regulations.

Reform options for reform

Option 1: : Retain status quo and amend current forms if appropriate.

Pros:

  • Consistency and clarity.
  • Any form(s) which are outdated or require amendment can be amended.

Topic 7C — Cemetery and cremation fees

Issue

Issue 7C.1: Fees charged by cemetery authorities vary.

Reform options

Option 1: Retain status quo.

Benefit:

  • Cemetery authorities have the autonomy to determine their own fees.

Issues:

  • Cemetery authorities have the autonomy to determine their own fees.
  • Administrative burden particularly for funeral directors in regional areas who operate across several local government areas.

Costs:

  • Nil.

Option 2: Standardise certain fees and charges in legislation if considered appropriate.

Pros:

  • Consistency in fees.
  • Reduces administrative burden and confusion.

Cons:

  • Reduces administrative burden and confusion.

Page reviewed 16 November 2023