CEMETERIES AMENDMENT BILL 2000 Second Reading Speech

Northern Territory Second Reading Speeches

CEMETERIES AMENDMENT BILL 2000

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Mrs BRAHAM (Local Government): Mr Speaker, I move that the bill be now read a second time.

I take this opportunity to introduce the Cemeteries Amendment Bill 2000 into the House. The original legislation providing for cemeteries in the Northern Territory was the South Australian Cemeteries Act (1862) and the Cremation Act (1891). These Acts ceased to apply in the Territory by the Cemeteries Act (1952) although this act was not brought into effect until 1967. There have been a number of amendments to the act since that time. The purpose of the act is to regulate the establishment, maintenance and control of cemeteries in the Northern Territory. The legislation also regulates the manner of burials and cremations.

The Cemetery Act applies to the whole of the Territory pursuant to section 2 of the act and a notice published in the Gazette on 7 August 1991. Under national competition policy the Territory committed to review and where necessary reform legislation that restricts competition. The basis of the review is that legislation should not restrict competition unless it was demonstrated that the benefits of that restriction to the community as a whole outweigh the costs and that the objectives of the legislation can only be achieved by restricting competition.

The Cemeteries Act has been subject to a legislative review by the Department of Local Government. In this task it was assisted by an independent steering committee. There was considerable consultation undertaken in the process. The report of the review has been accepted by government. In summary, the report points out that there are several provisions in the legislation that warrant amendment. Section 13 of the act empowers a board of trustees, which is normally the relevant local government council, to do anything necessary for the upkeep, maintenance, improvement and management of the cemetery, grant annual licences to undertakers to undertake funerals in the cemetery, charge fees for the undertakers’ licences, and do anything incidental to any of the powers conferred by the act.

Whilst an undertaker is not defined in the Act, the Macquarie Dictionary describes an undertaker as, ‘one whose business it is to prepare the dead for burial and to take charge of funerals; a funeral director’. A council has the power to grant licences to undertakers which is a minimum cost on undertakers and was considered justified by the review. Therefore, a person other than an undertaker cannot be granted a licence. This prevents a member of the public being able to conduct a funeral in the public cemetery. The adoption of the national competition policy requires that this restriction should be removed.

Individuals wishing to conduct a funeral should be required to obtain from the council a one-off licence to conduct a funeral, thus paralleling the requirement for undertakers. In allowing this, there should be a demonstrated link between the applicant and the deceased; for example, a family member or close acquaintance to avoid backyard operators.

Therefore the bill at clause 4 proposes to amend the power in the Act and add section 13aaa that enables a board of trustees of a cemetery to grant annual licences to undertakers, to also grant a licence to an individual, to obtain a licence to undertake a single funeral in respect of the family member or other closely associated person. Section 14 of the act provides that a council may erect a crematorium in a public cemetery. This provision currently prevents a crematorium being operated, other than in a public cemetery and being owned by a council.

Whilst a person could, with the approval of the council, erect a crematorium in a public cemetery, there could not be secure tenure of the land on which the structure is erected. An unattractive proposition for a lender mortgagee and indeed for the bill which will allow the board of trustees to erect and maintain a crematorium outside a public cemetery and also allow a person to erect and maintain a crematorium also outside a public cemetery.

Both the board and other person must seek ministerial approval before erecting a crematorium. The minister’s approval may specify any conditions concerning the location, erection, maintenance, upkeep and improvement in relation to that crematorium. Ministerial approval is considered desirable as there is growing concern in the eastern states about the entry of backyard operators in this field. There is potential for problems in the area of health, multiple cremations in one furnace, unscrupulous dealings with valuables from bodies, recycling of coffin furniture, etcetera. And the public will need assurance that such activities are monitored and regulated.

Clause 5 of the bill also adds new section 14(a) that requires a person, whether a board or other person, to appoint a natural person to supervise the operations of the crematorium. Section 15 of the act is expanded by clause 6 of the bill to ensure that a person only cremates the body of a deceased person in a crematorium maintained in accordance with the act and with any approval or condition made by the minister under the act.

Section 16 of the act is amended by clause 7 of the bill to make it clear who will issue the permit for the cremation of the body of a deceased person. The board will do so if the deceased person is to be cremated in a crematorium managed by the board and the minister or the crematorium is managed by a person other than the board.

Similarly, section 18 of the act is amended by clause 8 of the bill to make it quite clear to whom the next of kin must give notice to object to the cremation of the body of a deceased. Clause 9 of the bill amends section 19 by making reference to the person in charge of the crematorium to now be the person supervising the operations of the crematorium, which is consistent with other changes to the act.

The powers relating to the inspection of the premises under section 25 of the act have been expanded in clause 10 to include the power to enter and inspect a crematorium erected and maintained outside a cemetery. Clause 11 of the bill expands section 40J of the act to enable both the use and management of a crematorium to be regulated if required. Finally the opportunity has been taken in clause 12 of the bill to make some minor drafting style changes to the Cemetery Act in relation to penalties and gender to reflect current drafting standards. I commend the bill to the house.

Debate adjourned.

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