Victorian Numbered Acts Victorian Numbered ActsAfter Part 2 of the Cemeteries and Crematoria Act 2003 insert —
(1) A Class A cemetery trust—
(a) must establish—
(i) a finance committee; and
(ii) an audit and risk committee; and
(b) may establish any other governance committee as it determines from time to time.
(2) A Class A cemetery trust must establish the governance committees referred to in subsection (1)(a) within 12 months of the Class A cemetery trust becoming a Class A cemetery trust.
(3) A governance committee—
(a) must consider any matters that are referred to it by the Class A cemetery trust; and
(b) may investigate and make any inquiries about any matter referred to it by the Class A cemetery trust; and
(c) must report back to the Class A cemetery trust as required by the cemetery trust; and
(d) must carry out any other functions conferred on a governance committee—
(i) under this Act or any other Act; or
(ii) by the Class A cemetery trust.
(4) Subsection (1)(a)(ii) does not apply to a Class A cemetery trust to which an exemption under the Financial Management Act 1994 with respect to governance committees applies.
(1) The membership of any governance committee is to be determined by the Class A cemetery trust.
(2) Subject to this Act or any other Act which imposes requirements in relation to governance committees, and except as otherwise determined by the Class A cemetery trust, the procedure of any governance committee is to be determined by the committee.
Note
There may be requirements under the Financial Management Act 1994 and other legislation.
(1) For the purpose of liaising with communities to which a Class A cemetery trust provides cemetery or crematoria services, a Class A cemetery trust—
(a) must appoint one community advisory committee; and
(b) may appoint any additional community advisory committees it considers appropriate.
(2) A Class A cemetery trust must establish a community advisory committee referred to in subsection (1)(a) within 12 months of the Class A cemetery trust becoming a Class A cemetery trust.
(3) A Class A cemetery trust must include in its report of operations under Part 7 of the Financial Management Act 1994 a report on the activities of its community advisory committees.
The functions of a community advisory committee are—
(a) to consider any matters that are referred to it by the Class A cemetery trust which established it;
(b) to report to the Class A cemetery trust on those matters;
(c) to raise with the Class A cemetery trust any issues of concern or matters of interest to the 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.
(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.
(1) The Secretary must make guidelines for or with respect to community advisory committees, including but not limited to—
(a) the appointment of members of community advisory committees;
(b) the composition, roles and functions of community advisory committees;
(c) the procedure of community advisory committees;
(d) any other matter relating to the operation of community advisory committees.
(2) The Secretary must cause the community advisory committee guidelines—
(a) to be provided to each Class A cemetery trust; and
(b) to be published on the Internet.
(3) The community advisory committee guidelines take effect on the date specified in the guidelines.
(1) A Class A cemetery trust must hold an annual meeting before 30 December in each calendar year.
(2) An annual meeting is to be open to the public.
(3) At an annual meeting, a Class A cemetery trust must—
(a) report to the public on the operation of that cemetery trust for the preceding financial year; and
(b) make the cemetery trust's most recent annual report available; and
(c) report to the public on the accounts of the cemetery trust; and
(d) report to the public on the activities of any community advisory committee of the cemetery trust.
(1) A reasonable time before the date of the annual meeting of a Class A cemetery trust, the cemetery trust must publish a public notice in a newspaper circulating in the relevant area of the holding of the annual meeting of that Class A cemetery trust.
(2) A public notice published under subsection (1) must state—
(a) the time, date and place of the annual meeting of the Class A cemetery trust; and
(b) that the annual meeting is open to the public.
(1) A Class A cemetery trust must provide leadership, assistance and advice in relation to operational and governance matters relating to cemeteries, as requested, to a listed Class B cemetery trust to which the Class A cemetery trust has been allocated.
(2) Without limiting the matters on which a Class A cemetery trust may provide advice, a Class A cemetery trust may provide a listed Class B cemetery trust with assistance and advice about the following—
(a) record keeping systems suited to the requirements of cemetery trusts;
(b) standard form documentation suitable for cemetery trust purposes;
Example
Standard form contracts of sale for graves and other places of interment, including niches for cremated remains.
(c) tendering and contracting processes and requirements.
(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.
(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—
(a) for the period determined by the Class A cemetery trust; and
(b) subject to subsection (3), on the terms and conditions, including remuneration, determined by the Class A cemetery trust.
(3) The Secretary must approve the terms and conditions, including remuneration, of the chief executive officer of a Class A cemetery trust before a person is employed as chief executive officer.
(1) The chief executive officer of a Class A cemetery trust must—
(a) prepare material for the consideration and approval of the cemetery trust, including—
(i) draft annual plans;
(ii) draft strategic plans;
(iii) draft business plans and strategies;
(iv) budgets;
(b) manage the cemetery trust in accordance with any annual plans, strategic plans, business plans and strategies and budgets approved by the cemetery trust;
(c) provide the Class A cemetery trust with relevant and timely information to enable the cemetery trust to fulfil its functions and objectives efficiently and effectively;
(d) ensure the Class A cemetery trust's decisions are implemented efficiently and effectively;
(e) inform the Class A cemetery trust 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, cemetery or crematoria services provided by that cemetery trust or the public cemeteries for which that cemetery trust is responsible;
(f) ensure that the resources of the Class A cemetery trust are used effectively and efficiently.
(2) In the exercise of his or her functions, the chief executive officer is subject to the direction of the Class A cemetery trust.
(1) A Class A cemetery trust must prepare an annual plan for each financial year that specifies—
(a) the objectives, priorities and key performance outcomes to be met by the Class A cemetery trust during the relevant year; and
(b) the performance indicators or other measures against which the Class A cemetery trust's performance is to be assessed and monitored; and
(c) how and when the Class A cemetery trust is to report on its performance in relation to the specified objectives, priorities and key performance outcomes; and
(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—
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(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—
(i) may refer the annual plan back to the Class A cemetery trust; and
(ii) this section applies to that second referral and any subsequent referral, with any necessary modifications.
(7) A Class A cemetery trust must ensure that an approved annual plan for that cemetery trust is available to members of the public on request.
(1) A Class A cemetery trust must—
(a) prepare a strategic plan for the management and operation of the cemetery trust and the public cemeteries for which it is responsible; and
(b) submit that strategic plan to the Secretary for approval.
(2) A strategic plan developed by a Class A cemetery trust must be prepared—
(a) at the direction of the Secretary; and
(b) at the time or times determined by the Secretary; and
(c) in accordance with any guidelines prepared by the Secretary under section 18P.
(3) The Secretary may—
(a) approve a strategic plan; or
(b) approve a strategic plan with amendments; or
(c) refuse to approve a strategic plan.
(4) A Class A cemetery trust must advise the Secretary if it wishes to exercise its functions in a manner inconsistent with its approved strategic plan.
(5) A Class A cemetery trust must ensure that an approved strategic plan for that cemetery trust is available to members of the public on request.
(1) The Secretary may make guidelines for or with respect to—
(a) the content of annual plans;
(b) the content and timing of strategic plans for Class A cemetery trusts;
(c) any other matters relating to annual plans or strategic plans.
(2) The Secretary must cause the annual plan and strategic plan guidelines—
(a) to be provided to each Class A cemetery trust; and
(b) to be published on the Internet.
(3) The annual plan and strategic plan guidelines take effect on the date specified in the guidelines.
(1) For the purposes of assisting in defraying the costs of administering this Act, making improvements in cemetery trust governance and administration and the provision of services to the community, each Class A cemetery trust must pay an annual levy on its gross earnings as reported in the annual financial statements for that Class A cemetery trust for the previous financial year.
(2) The annual levy payable under subsection (1) is—
(a) 3 per cent; or
(b) if any other amount is fixed for the purposes of this section by the Minister by notice published in the Government Gazette, that amount.
(3) An amount fixed under subsection (2)(b) must not exceed 5 per cent.
(4) The Minister must give each Class A cemetery trust a written notice setting out—
(a) the amount it is required to pay as levy in respect of a specified period; and
(b) the date by which the amount is required to be paid; and
(c) how the payment is to be made.
(5) The Minister must ensure that all amounts paid as levy are paid into the Consolidated Fund.
(6) The Minister must cause the following information to be included in the annual report of operations for the Department of Health under Part 7 of the Financial Management Act 1994 for each financial year—
(a) the total amount paid as levy in that financial year;
(b) the total amount appropriated from the Consolidated Fund for the purposes of this Act for that financial year;
(c) a summary of the matters on which money appropriated from the Consolidated Fund for the purposes of this Act was expended in that financial year and of the amounts expended for those matters.
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