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Department of Premier and Cabinet

Review of Tasmanian Cemeteries Legislation

The Burial and Cremation Act 2002

The Tasmanian Government is reviewing the current cemeteries legislation in response to community concerns about the sale of properties containing cemeteries.

The focus of the change will be on preserving, and, where appropriate, strengthening both the rights of community members and the obligations on cemetery managers.

The Government is committed to ensuring:

  • 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.

The Review is being conducted in two stages.

Stage 1 amendments to the Burial and Cremation Act 2002 and Burial and Cremation Regulations 2015 commenced on 26 December 2018 and has been completed.

Stage 2 of the Review is now underway.

Stage 2

The Draft Burial and Cremation Bill 2019 has been released for public consultation. The Draft Burial and Cremation Bill and the Public consultation paper, that includes information on how to make a submission, are available for you  to view and download.

"Have Your Say"

The Tasmanian Government is committed to providing opportunities for community involvement in the development of Government policy and we are seeking your input on the draft Burial and Cremation Bill 2019 (the draft Bill).

The draft Bill proposes to build on the changes to the Burial and Cremation Act 2002 that were introduced in 2018 during Stage 1.

The changes will further strengthen the regulatory framework for cemeteries, crematoria and businesses that handle human remains.

The Bill and information explaining the proposed changes can be found below:

How to make a submission

All written submissions on the draft Bill must be received by Sunday 21 July 2019.

Submissions can be forwarded either by email to:

lgd@dpac.tas.gov.au

or by mail to:

Cemeteries Review Team

Local Government Division

Department of Premier and Cabinet

GPO BOX 123

HOBART   TAS   7001

If you would like to discuss any aspect of the draft Bill, contact the Local Government Division on 03 6232 7022.

Other than indicated below, submissions will be treated as public information and will be published on the Department of Premier and Cabinet website.

No personal information other than an individual’s name or the organisation making a submission will be published.

Accessibility of submissions

The Government recognises that not all individuals or groups are equally placed to access and understand information.  We are therefore committed to ensuring Government information is accessible and easily understood by people with diverse communication needs

Where possible, please consider typing your submission in plain English and providing it in a format such as Microsoft Word or equivalent.

The Government cannot however take responsibility for the accessibility of documents provided by third parties.

Important information to note

Your name (or the name of the organisation) will be published 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), the Department will treat the submission as public.

If you would like your submission treated as confidential, whether in whole or in part, please indicate this in writing at the time of making your submission clearly identifying the parts of your submission you want to remain confidential and the reasons why. In this case, your submission will not be published to the extent of that request.

Copyright in submissions remains with the author(s), not with the Tasmanian Government.

The Department will not publish, in whole or in part, submissions containing defamatory or offensive material.  If your submission includes information that could enable the identification of other individuals then either all or parts of the submission will not be published.

The Right for Information Act 2009 and confidentiality

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 may be taken into account in determining whether or not to release the information in the event of an RTI application for assessed disclosure.  You may also be contacted to provide any further comment.

Stage 1

Stage 1 of the Review focused on strengthening the regulatory framework for cemeteries by introducing a stronger sale and transfer process, new compliance and enforcement powers and increasing protection of human remains by strengthening the cemetery closure process. Amendments to the Burial and Cremation Act 2002 and Burial and Cremation Regulations 2015 commenced on 26 December 2018.

A summary of Stage 1 amendments can be found in the Burial and Cremation Act 2002 - Summary of 2018 Amendments fact sheet.

Stage 1 Public consultation and submissions

The draft Burial and Cremation Amendment Bill 2018 was released for public consultation in September 2018. The following documents formed part of the Stage 1 consultation process:

Resources and related information for public consultation - September and October 2018

More information

For more information about the Review, contact the Local Government Division:

  • phone 03 6232 7022