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Department of Premier and Cabinet

Review of Tasmanian Cemeteries Legislation

In response to significant community concern surrounding the prospective sale of properties containing cemeteries, the Tasmanian Government has committed to considering legislative changes that will preserve, protect, and, where appropriate, strengthen both the rights of community members and the obligations on cemetery managers.

The Government has commenced a review of the legislative and regulatory provisions that apply to Tasmanian cemeteries to ensure:

  • the continued appropriate, safe and responsible management of cemeteries;
  • the honouring of exclusive burial rights; and
  • continued public access for relatives and friends of the deceased.

Public consultation: Burial and Cremation Amendment Bill 2018

The draft Burial and Cremation Amendment Bill  2018 has been prepared and the Government is now inviting feedback from community members and stakeholders on priority changes to the Burial and Cremation Act 2002.

These amendments have been identified as necessary to address community concerns relating to future cemetery management responsibilities. Further amendments to address any broader issues that are identified as the Review progresses may be introduced in 2019 and further consultation will occur at that time.

Resources and related information

The draft Bill and information explaining the proposed changes are available to view and download:

Subject to community feedback, the Government intends to introduce these changes by the end of 2018.

How to make a submission

Submissions on the draft Burial and Cremation Amendment Bill  2018 are to be made in writing. Submissions are to be provided either by email to lgd@dpac.tas.gov.au  or by post to:

Local Government Division

Department of Premier and Cabinet

GPO Box 123, HOBART  TAS   7001

All submissions must be received no later than Sunday 14 October 2018.

Please note that in order to allow legislation to be introduced into the Parliament in November 2018, the deadline for submissions cannot be extended.

Important information to note

All submissions will be treated as public information and will be published on Department of Premier and Cabinet's (DPAC) website once consideration of the submissions has concluded. However, if you wish your submission to be treated as confidential, whether in whole or in part, please note this in writing at the time of making your submission.  Clearly indicate which parts of your submission are confidential, and state why you want it to be confidential.

Please note that your name, or the name of your organisation making a submission, will be disclosed unless you request otherwise. In the absence of a clear indication that a submission is intended to be treated as confidential (or parts of the submission), DPAC will treat the submission as public.

The Right to Information Act 2009 and confidentiality

By law, information provided to the Government may be provided to an applicant under the provisions of the Right to Information Act 2009 (RTI).

If you have indicated that you wish all or part of your submission to be treated as confidential, your statement detailing the reasons will be taken into account in determining whether or not to release the information in the event of an RTI application for assessed disclosure.

Contact the Local Government Division

For more information about the consultation on the draft Amendment Bill, please contact the Local Government Division by email at lgd@dpac.tas.gov.au or by telephone on (03) 6232 7022.