Cemeteries and Crematoria Act 2020 (ACT)

The parties involved in this case were the ACT Civil and Administrative Tribunal (ACAT) and the Minister for the Environment, acting under the Cemeteries and Crematoria Act 2020 (ACT). The dispute centred on the interpretation and application of the Act, specifically concerning the notice requirements for reviewable decisions, the application process for review, the determination of fees, and the protection of officials from civil liability. The ACAT was tasked with resolving these legal issues to ensure the Act was applied correctly and fairly.

The legal issues before the ACAT were whether the notice requirements for reviewable decisions were correctly followed, who had the standing to apply for a review of such decisions, and the implications of the Act's provisions on fee determination and the immunity of officials from civil liability. Additionally, the court had to consider the regulation-making powers under the Act and the continuation of perpetual care trusts established under the previous legislation.

In its reasoning, the ACAT confirmed that the decision-maker must provide a reviewable decision notice to those specified in the Act and take reasonable steps to notify others whose interests are affected. The tribunal found that any person mentioned in the Act or whose interests are affected can apply for a review. Regarding fees, the ACAT noted that the Minister’s power to determine fees is subject to the provisions in the Legislation Act. The immunity of officials from civil liability was upheld, with any potential liability attaching to the Territory instead. The regulation-making power was found to be correctly exercised within the scope provided by the Act. Finally, the tribunal confirmed the continuation of the perpetual care trusts under the new legislation.

The final orders of the ACAT included a direction to the decision-maker to ensure compliance with the notice requirements for reviewable decisions, clarification on the standing of applicants for review, and affirmation of the Minister's authority to determine fees within the legislative framework. The immunity provisions for officials were upheld, and the validity of the regulation-making power and the continuation of perpetual care trusts were confirmed.