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CEMETERIES AND CREMATORIA ACT 2003 - SECT 12A

Functions of Class A cemetery trusts

    (1)     The functions of a Class A cemetery trust are—

        (a)     to properly and efficiently manage and maintain each public cemetery for which it is responsible;

        (b)     to develop, in accordance with this Act, annual plans and strategic plans for the operation of the trust and to monitor compliance with those plans;

        (c)     to develop annual business plans, strategies and budgets to ensure the efficient and accountable provision of services under the Act and the long term viability of the cemetery trust;

        (d)     to establish and maintain effective systems to ensure that—

              (i)     the services provided by the cemetery trust meet the needs of the communities which it serves; and

              (ii)     the views of those communities are taken into account;

        (e)     to oversee the organisational structure of the cemetery trust;

        (f)     to employ a chief executive officer (by whatever title called) for the effective operation and management of the cemetery trust and each public cemetery for which it is responsible;

        (g)     to monitor the performance of the chief executive officer;

        (h)     to ensure there are systems in place to enable effective and accountable risk management, financial management and records management of the cemetery trust;

              (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

        (b)     the cultural values and religious values (if any) of the community; and

        (c)     the heritage values (if any) of the public cemetery for which it is responsible; and

        (d)     the need to ensure that it uses its resources in an effective and efficient manner; and

        (e)     the need to ensure that public resources across the cemeteries and crematoria sector are used effectively and efficiently.

S. 12B inserted by No. 61/2009 s. 17.



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