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Legislative Assembly for the ACT: 2002 Week 7 Hansard (6 June) . . Page.. 2063 ..

MR SPEAKER (continuing):

I will be examining the Hansard to ensure that there has been no criticism of my office or of the Clerk. If there is any evidence of that, I will be coming back to the Assembly with something to say about it.

Cemeteries and Crematoria Bill 2002

Debate resumed.

MR WOOD (Minister for Urban Services and Minister for the Arts) (5.33), in reply: I will close the debate on the in-principle stage.

Mr Speaker, I thank the Standing Committee on Legal Affairs for its comments on this bill, and offer the following response: The committee noted, firstly, that the explanatory memorandum appeared to take the view that there would be no sanction for non-compliance, other than that the minister could proceed to make a determination of the perpetual trust percentage under subclause 8 (2). However, it was not clear whether non-compliance would be subject to sanction under clause 15. The government agrees that (1) the perpetual care percentage could be fixed under subclause 8 (2), being a figure that the minister considers necessary to ensure that there are sufficient funds in the perpetual care trust so the cemetery or crematorium will be adequately maintained; and (2) failure by the operator to provide the minister with information or documents could be subject to sanction under clause 15.

Secondly, the committee noted that there is no provision in the bill governing the disclosure of information that may be provided under subclause 8 (4). However, the government is satisfied that the Freedom of Information Act and the Privacy Act provide adequate protection for information disclosed under subclause 8 (4).

The government agrees with the committee that the explanatory memorandum contains some deficiencies relating to the view by the AAT. These are oversights which occurred during the preparation of the EM, and will not occur in the future.

The government notes the committee's comment that, in light of section 25A of the Administrative Appeals Tribunal Act, clause 44 of the bill appears to be unnecessary. I wish to advise that clause 44 is a standard provision which appears in similar form in many other pieces of legislation. It plays an advisory role, informing decision-makers of their duty to inform applicants.

This issue has been referred to the legal policy branch of the Department of Justice and Community Safety, which is at present considering whether the current practice should be continued, or whether it would be preferable to include a note. In light of this unresolved legal policy question, it is not proposed to remove clause 44 from the bill at this time.

The objective of the bill is to establish a consistent and contemporary framework for the regulation of cemeteries and crematoria in the ACT. It also addresses national competition policy requirements. The existing Cemeteries Act provides for public ownership and operation of all cemeteries through the Canberra Public Cemeteries Trust. There are both potential benefits and costs from such a monopoly. The bill allows for

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