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A Iview of Cemetery Legislation

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A Iview of Cemetery Legislation Mortuary Industry and Cemeteries Administration Committee AIVIEW OF CEMETERY LEGISLATION Seventh Report to Parliament April1987 MORTUARY INDUSTRY AND CEMETERIES ADMINISTRATION COMMITTEE Seventh Report to Parliament A Review of Cemetery Legislation April1987 Ordered to be printed No. 21 The M.I.C.A. Committee Public Hearing on A Review of Cemetery Legislation (From Left) Committee Members­ Tom Reynolds, David Cunningham, Carl Kirkwood, Jack Culpin, John Miles and representing the Cemeteries and Crematoria Association of Victoria - Ian MacGill, Tony O'Connor and Ian Keith. MORTUARY INDUSTRY AND CEMETERIES ADMINISTRATION COMMITTEE COMMITTEE MEMBERS Mr. Carl Kirkwood, M.P. (Chairman) Mr. Tom Reynolds, M.P. (Deputy Chairman) Mr. Jack Culpin, M.P. Mr. David Cunningham, M.P. Mr. Bruce Evans, M.P. The Hon. John Miles, M.L.C. COMMITTEE STAFF Mr. Mark Roberts, B.Bus., Secretary Mrs. Helen Simmonds, B.Sc., Administrative Officer Mrs. Laurel Keith, Stenographer. (Hi) COMMITTEE MEMBERS Mr. Carl Kirkwood, M.P. Mr. Tom Reynolds, M.P. Mr. Jack Culpin, M.P. The Hon. John Miles, M.L.C. Mr. Bruce Evans, M.P. Mr. David Cunningham, M.P. CHAIRMAN'S FOREWORD This Report of the M.I.C.A. Comrryittee is the culmination of a long and extensive study and examination of the present Victorian Cemeteries Act 1958. As part of the inquiry the Comn]littee released a detailed Discussion Paper in November, 1986 which dealt with all aspebts of the present Victorian and Interstate cemeteries legislation. The Committee's conJments and proposed amendment to the Victorian Act and a brief for a new Act encompassingi the M.I.C.A. Committee's proposed amendments were also included. The Discussion Paper had an extremely wide circulation, being sent to all Victorian Cemetery Trusts (approximately 550), many Municipal Councils, the Health Department and other Government departments, interested organisations and individuals. The Committee was very pleased with the response to the Discussion Paper and the many valuable comments that were received. Following on from the submissions the Committee conducted Hearings on its Review of the Cemetery Legislation at which nine organisations were represented. As a result of the submissions and evidence many of the comments have been incorporated into this final report on a Review of the present Victorian Cemeteries Act 1958. The Committee would like to thank alJ the respondents, organisations and individuals for their co-operation and thoughtful considered comments. Particular thanks should go to Dr. N. Sloan, Acting Chairman of The Necropolis, Mr Ron Curley, Health Department and Mr. John Downey, former Crown Solicitor for Victoria for their expert advice. (v) The Committee would also like to thank Mr. Mark Roberts, the Committee Secretary and Mrs. Helen Simmonds, Research Assistant, for their valuable assistance with this Report and Mr. Peter Quail for his work on the Discussion Paper during his time with the Committee. Thanks must also go to Mrs. Laurel Keith, the Committee Stenographer, Mrs Katrina Robertson and Mrs. Carmen Ganegama, Word Processor Operators, for their dedication in preparing the final copy. Finally I wish to express my personal thanks to my fellow Committee Members, Mr Jack Culpin, Mr David Cunningham, Mr Tom Reynolds, Mr Bruce Evans and Mr John Miles who have been motivated by responsibility and an aptitude for common sense thereby making this Report to Parliament possible. CARL KIRK WOOD, M.P. Chairman. (vi) MORTUARY INDUSTRY AND CEMETERIES ADMINISTRATION COMMITTEE TERMS OF REFERENCE JOINT RESOLUTION OF LEGISLATIVE ASSEMBLY AND LEGISLATIVE COUNCIL 24 6:25 FEBRUARY 1987 1. That a Joint Select Committee be appointed to inquire into and report upon all aspects of the mortuary industry and related industries in Victoria, including both private and Government operations, together with any aspect of cemeteries administration, funding or provision of land encompassed by the Cemeteries Act 1958, the Trustee Act 1958, or any other provisions relating thereto. 2. That the Committee shall give priority to such investigations referred to it by resolution of the Legislative Council and the Legislative Assembly. 3. That the Committee be required to present its Final Report to the Parliament no later than 30 November 1988. 4. That the Committee consist of six members, comprising not more than two Members of the Legislative Council nor more than five Members of the Legislative Assembly. 5. That three members of the Committee constitute a quorum of the Committee. 6. That the Committee shall elect one of its members to be Chairman who, in the event of an equality of votes, shall also have a casting vote. 7. That the Committee may elect a Deputy Chairman who shall exercise all the powers and perform the duties of the Chairman at any time when the Chairman is not present at a meeting of the Committee. 8. That the Committee may sit and transact business during any adjournment or recess of the Houses in the period for which it holds office but the Committee shall not sit while either House of Parliament is actually sitting, except by leave of that House and at a place that is within the Parliament Buildings. 9. That the Committee may sit at such times and in such places in Victoria or elsewhere as seems most convenient for the proper and speedy despatch of business. 10. That the Committee may send for persons papers and records and report the minutes of evidence from time to time. ll. That the Committee have power to authorize publication of any evidence given before it and any document presented to it. 12. That evidence taken before any previous Mortuary Industry and Cemeteries Administration Committee shall be considered by the Committee as if that evidence had been given before and for the information ana guidance of the Committee. 13. That the Committee be a Committee to which section 51A of the Parliamentary Committees Act 1968 applies. 14. That the foregoing provisions of this resolution, so far as they are inconsistent with the Standing Orders and practices of the Houses, shall have effect notwithstanding anything contained in the Standing Orders. (vii) TABLE OF CONTENTS Committee Members and Staff (iii) Chairman's Foreword (v) M.I.C.A. Committee's Terms of Reference (vii) Summary of Recommendations (xi) PART 1 Introduction and Progress Report Chapter 1 - M.I.C.A. Committee Establishment & Investigations Chapter 2 - The Current Inquiry 5 PART 2 Establishment and Closure of Cemeteries and Crematoria Chapter 3 - Establishment and Closure 13 Chapter 4 - Pioneer Memorial Parks 21 Chapter 5 - Private Cemeteries 31 PART 3 Government Supervision Chapter 6 - Government Supervision 35 PART 4 Trustees Chapter 7 - Appointment and Removal of Trustees 41 Chapter 8 - Powers and Duties 53 PART 5 Cemetery and Crematoria Management Chapter 9 - Financial Management 61 Chapter 10- Fees 77 Chapter 11 - Rules and Regulations 83 Chapter 12- Records and Plans 89 Chapter 13- Rights of Burial 97 (ix) TABLE OF CONTENTS (Contd.) Chapter 14- Memorial Work Ill Chapter 15- Religious Considerations 125 PART6 Disposal of the Dead Chapter 16- Disposal 131 Chapter 17- Documentation 141 Chapter 18- Public Burial 157 Chapter 19- Construction of Coffins/Vaults 163 Chapter 20- Non-Coffin Burials 171 Chapter 21- Miscellaneous Matters 177 Appendix I List of Submissions 190 2 List of Witnesses 192 3 Extract of Proceedings 194 (x) SUMMARY OF RECOMMENDATIONS The Committee recommends: R.l That the approval of the relevant Minister be required for the establishment of both Cemeteries and Crematoria. R.2 That the land purchase provisions of the Cemeteries Act 1958 be repealed and be replaced by a provision that enables the relevant Minister to purchase or compulsorily acquire land for burial/cremation purposes under the provisions of the Crown Land (Reserves) Act 1978. R.3 That appropriate provisions be placed in the revised Cemeteries Act to allow suitable public advertising of and objections to any proposed cemetery or crematorium. R.4 That public notice be given of an intention to apply to the relevant Department for the conversion of a cemetery to a Pioneer Memorial Park. Detailed plans showing the affected grave-sites and the conversion proposal should be on public exhibition during this period. This notice should be in a prominent position and of a size equitable with a standard housing sales billboard. R.5 That members of the public be given the opportunity to object to the conversion of a cemetery to a Pioneer Memorial Park. Such objections are to be considered before any final decision is made. R.6 That the necessity for listing cemeteries in the Fourth Schedule to the Cemeteries Act before they can apply to become Pioneer Memorial Parks be abolished. (xi) R.7 That before the relevant Minister approves of a proposal to convert a cemetery to a Pioneer Memorial Park he or she considers the views on the matter of the Minister for Planning and Environment. R.8 That with the express approval of the relevant Minister, burials be allowed in Pioneer Memorial Parks where valid rights of burial exist. R.9 That before any monument is removed from a Pioneer Memorial Park it be photographed, details of all legible inscriptions thereon be recorded and a plan of the cemetery be prepared showing the original location of the monument. Copies of these records are to be placed with the Public Record Office. R.lO Prior to the disposal of the removed monuments the holders of the Right of Burial must be given an opportunity to claim them. R.ll That all private cemeteries comply with the sections of the Cemeteries Act dealing with documentation for burial, r-ecord-keeping and any other sections that the Minister feels appropriate. R.l2 That the relevant Minister have the power to direct any cemetery trust in relation to its powers and duties under the Act.
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