Page 663 - Week 02 - Thursday, 20 February 2020
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Additionally, I am pleased that the bill provides a strict framework for how cremated remains are to be handled by operators. Under the bill, cremated remains may only be disinterred at the request of the family or with the approval of the regulator. In considering an application to disinter cremated remains, the regulator must be satisfied that the remains will not be at risk of being mishandled or lost. This will ensure that there is oversight of any movement of cremated remains and that families can be confident about the location of any loved one’s ashes.
The ACT public cemeteries authority, which manages Canberra’s three public cemeteries, has proven to be an effective and successful operational model. Under the bill, the authority’s model will remain largely unchanged, but it will be renamed the cemeteries and crematoria authority to reflect the new remit to operate facilities other than cemeteries, including the recently announced public crematorium.
Under the bill, I am pleased to clarify the authority’s role and include a provision that will allow the relevant minister to appoint the authority for a strategic role at times that is needed, such as exploring future facility developments and providing ongoing insights into the evolving religious and cultural needs of the community. This will allow the government to harness the knowledge and expertise to provide better outcomes and benefits for the community.
A key element of the 2017 standing committee inquiry was a recommendation that the government consider the introduction of a renewable tenure scheme. This was a key topic in our 2018 engagement process. We have heard some strong views from the community on this, and that is why the government will not be introducing renewable tenure at this time. This means that all burials and interments of cremated remains in the ACT will continue to be in perpetuity.
Another critical component of the bill is the establishment of a financially sustainable model for managing cemeteries and crematoria. As all burials and interments are in perpetuity, there is an obligation to maintain our cemeteries and interment facilities forever. The current financial model establishes trusts that provide for long-term maintenance but restricts how funds can be used, with each facility managing its own independent trust, potentially leading to cemeteries being maintained to differing standards.
Under the bill, a more sustainable financial model is proposed which allows for a more productive and efficient flow of funds. Operators will no longer have to deposit funds for short-term maintenance into a trust each month, to then only draw on that trust within the same month to undertake the necessary maintenance. Rather, operators will be able to set aside funds for short-term maintenance without a trust. For long-term maintenance, a trust will be established that operators will be required to pay into yearly. For the authority, a single trust for all public facilities managed by the authority is proposed. Implementing a single trust for public facilities will bring the ACT into line with other Australian jurisdictions, including Victoria, and international approaches that are used in England and Scotland. The model also allows for more flexible use of funds; it is a proven method of effective governance and provides essential services without imposing a burden on taxpayers.
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