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Legislative Assembly for the ACT: 2002 Week 7 Hansard (6 June) . . Page.. 2064 ..

MR WOOD (continuing):

public and private ownership and management of cemeteries and crematoria in the ACT by removing the trust's legislated monopoly on cemetery operations.

The role of the trustees of the Canberra Public Cemeteries Trust is to manage and operate cemeteries in the territory. The trust has operated as a non-profit, statutory body for more than 60 years. The trust now operates effectively on a semi-commercial basis, paying for maintenance and capital improvements using money invested from past operating surpluses, or from loans from the government or the private sector.

The bill establishes the ACT Public Cemeteries Board, replacing the trustees of the Canberra Public Cemeteries, to account for the changing nature of cemetery managers, and the need for them to become financially independent. Its functions will be to effectively and efficiently manage public cemeteries and crematoria for which the minister has appointed the board as the operator.

The board will be required to operate on a commercial basis, and will not receive any government funding, as is the current situation with the Cemeteries Trust. The government is committed to continue to provide government-owned and managed public cemeteries in this territory, and will appoint the board as the operator of the existing public cemeteries at Gungahlin, Woden, and Hall.

One of the most important issues in the provision of cemetery or crematorium services is the funding of ongoing and future maintenance. Under a perpetual care trust, a percentage of the cost of each interment or memorialisation is invested in a trust fund, the interest from which is used for maintenance. The advantage of such a fund is that maintenance-specific funds become identifiable and auditable, and their adequacy can be monitored and assessed.

The bill requires that a cemetery or crematorium operator set aside a specified amount-a percentage of all future interment fees-to fund ongoing maintenance. That is the perpetual care fund. The minister will specify the percentage. This account would be part of the assets of a cemetery or crematorium, and would transfer to a new operator-in that event.

The government is ensuring the ongoing viability of the perpetual care fund, because the money deposited in the fund would not be able to be used to pay an operator's general debts, or used to satisfy a judgment against the operator.

The government is not limiting post-burial tenure of grave sites, as it believes this is not in the public interest. Therefore, perpetual tenure of grave sites will apply in all current and future cemeteries in the ACT, whether public or private, and regulations made under the bill will give effect to this commitment.

I know that is not a strong enough provision, although I do think it is strong. I understand the Greens would rather see this in the body of the bill and the completed act, but this is a thoroughly effective procedure. I am more than prepared to sit down, in the near future, with Greens and others as regulations are worked through. It will be done-there is no question about that.

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