Cemeteries and Crematoria Amendment Regulations 2020 (Vic)
Cemeteries and Crematoria Amendment Regulations 2020
S.R. No. 71/2020
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4Principal Regulations
5Definitions
6New regulation 8A inserted
7Prescribed information—places of interment
8Regulation 18 substituted
9New regulations 21A and 21B inserted
10Form 3 in Schedule 1 substituted and new Forms 3A and 3B inserted
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Endnotes
STATUTORY RULES 2020
S.R. No. 71/2020
Cemeteries and Crematoria Act 2003
Cemeteries and Crematoria Amendment Regulations 2020
The Governor in Council makes the following Regulations:
Dated: 7 July 2020
Responsible Minister:
JENNY MIKAKOS
Minister for HealthCLAIRE CHISHOLM
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Cemeteries and Crematoria Regulations 2015—
(a)to further provide for applications for cremation authorisations and authorities to cremate, particularly for bodily remains and body parts of unknown identity; and
(b)to provide for other minor matters.
2Authorising provisions
These Regulations are made under sections 59, 131, 151 and 180 of the Cemeteries and Crematoria Act 2003.
3Commencement
These Regulations come into operation on 15 July 2020.
4Principal Regulations
In these Regulations, the Cemeteries and Crematoria Regulations 2015[1] are called the Principal Regulations.
5Definitions
In regulation 5 of the Principal Regulations insert the following definitions—
"designated officer in relation to a school of anatomy means the person, or body having the control and management of the school of anatomy;
identifier has the same meaning as in section 3 of the Health Records Act 2001;
inspector of a school of anatomy means a person appointed as an inspector of a school of anatomy under section 36 of the Human Tissue Act 1982;
school of anatomy means a school of anatomy the conduct of which is authorised by the Minister under section 35 of the Human Tissue Act 1982;".
6New regulation 8A inserted
After regulation 8 of the Principal Regulations insert—
"8A Prescribed information—interment or disposal of cremated human remains of unknown name or with an identifier
For the purposes of section 59(c) of the Act, the following information is prescribed for the interment or disposal of cremated human remains of unknown name—
(a)the identifier, if an identifier has been assigned to the cremated human remains;
(b)if known, the last permanent address of the source of the cremated human remains;
(c)the date on which the cremation occurred;
(d)the name and address of the person and of the organisation (if any) making the application for cremation of the human remains;
(e)a description of—
(i)the type of place of interment, such as niche wall, garden niche, memorial rose or grave; and
(ii)the—
(A)location of the place of interment, such as section, row, grave number or other form of identification of the location; or
(B)the place of disposal of cremated human remains within the cemetery grounds, such as scattering ashes on an identified garden bed or lawn;
(f)the date of interment or disposal;
(g)if a cemetery trust has exercised any of its powers under section 86 of the Act, details of—
(i)the date of that exercise; and
(ii)in relation to the power under section 86(1)(b) of the Act, the manner in which the cremated human remains were disposed of.".
7Prescribed information—places of interment
For regulation 9(a)(ii) of the Principal Regulations substitute—
"(ii)the location of the place of interment, such as section, row, grave number or other form of identifying the location of the place of interment;".
8Regulation 18 substituted
For regulation 18 of the Principal Regulations substitute—
"18 Application for cremation authorisation
For the purposes of section 131(2) of the Act, the prescribed form is Form 3 or Form 3A (as the case requires) set out in Schedule 1.".
9New regulations 21A and 21B inserted
After regulation 21 of the Principal Regulations insert—
"21A Application for interment or cremation of body parts of unknown name with an identifier
For the purposes of section 151(1) of the Act, the prescribed form is Form 3B set out in Schedule 1.
21BPrescribed persons—interment or cremation of body parts
For the purposes of section 151(3) of the Act the following persons or classes of person are prescribed for the purposes of making an application for the interment or cremation of body parts—
(a)an inspector of a school of anatomy;
(b)a designated officer of a school of anatomy;
(c)the Secretary.".
10Form 3 in Schedule 1 substituted and new Forms 3A and 3B inserted
For Form 3 in Schedule 1 to the Principal Regulations substitute—
"FORM 3
Regulation 18
Cemeteries and Crematoria Act 2003
Cemeteries and Crematoria Regulations 2015
APPLICATION FOR CREMATION AUTHORISATION FOR DECEASED PERSONS OF KNOWN IDENTITY
This form must always be accompanied by a Certificate of Registered Medical Practitioner Authorising Cremation (Form 4) unless the application relates to one of the following, in which case the form is not required:
·the cremation of a still-born child (please check the Medical Certificate of Cause of Perinatal Death form to confirm whether the application relates to a still-born child)
·where an order has been made by a Coroner under section 47 of the Coroners Act 2008
·a deceased person who died interstate or overseas and for whom an authority to cremate has been issued by the Coroner or other person permitted by the law of the jurisdiction where they died to authorise the cremation.
Name of crematorium at which cremation is to take place:
Details of deceased
Full name:
Sex: *Male *Female
Date of birth:
Date of death:
Age:
Last known permanent address:
Suburb/Town: State: Post Code:
Religion, if any (this information is optional):
Did the deceased have a spouse or domestic partner at the time of the deceased's death? *Yes *No
Applicant for cremation authorisation
Title: Given Names: Surname:
Address:
Suburb/Town: State: Post Code:
Telephone: Home: Work: Mobile:
Email:
Cremated remains
Following cremation, the cremated remains are to be:
* Memorialised at:
* Collected by:
* Held at crematorium for up to 12 months after the cremation:
* Other [please specify]:
Please note that cemetery trusts are required to hold the cremated remains for at least 12 months after the cremation. Following the expiry of the 12 month period, the cemetery may dispose of the cremated remains in any way that it considers appropriate.
*If you would like to nominate an agent to collect the cremated remains provide the following details:
Agent details
Title: Given Names: Surname:
Address:
Suburb/Town: State: Post Code:
Telephone: Home: Work: Mobile:
Email:
Matters relating to the cremation
Service type: *service both ends *meet at cemetery *no attendance
Location:
Date of cremation: Time:
Special service requirements:
Other remarks:
Statement by funeral director
This section should be filled out by the funeral director or the person who is otherwise arranging for the cremation of the human remains.
*Removal of pacemaker or other battery-powered device from the deceased is not required.
*I have arranged for any pacemaker or other battery-powered device referred to on the medical certificate of cause of death to be removed from the deceased as required by the relevant cemetery trust.
*Company name:
Title: Given Names: Surname:
Address:
Suburb/Town: State: Post Code:
Telephone: Home: Work: Mobile:
Email:
Signature: Date:
WARNING
Under section 132 of the Cemeteries and Crematoria Act 2003 it is an offence to make a false statement in an application for a cremation authorisation, punishable by a fine of up to 600 penalty units or 5 years imprisonment or both.
I have read and understood all the information in this application.
Signature of applicant
Date:
*Delete if not applicable.
FORM 3A
Regulation 18
Cemeteries and Crematoria Act 2003
Cemeteries and Crematoria Regulations 2015
APPLICATION FOR CREMATION AUTHORISATION OF BODILY REMAINS OF UNKNOWN NAME OR WITH AN IDENTIFIER
This form must always be accompanied by an approval from the Secretary under section 134 of the Act.
Applicant for cremation authorisation
Title: Given Names: Surname:
Address:
Suburb/Town: State: Post Code:
Telephone: Home: Work: Mobile:
Email:
Name and address of source of bodily remains
Title: Given Names: Surname:
Address:
Suburb/Town: State: Post Code:
Telephone: Home: Work: Mobile:
Email:
Examples:
Examples of sources of bodily remains include schools of anatomy, body donor programs, universities, museums and body parts exhibitions.
Reference number of container holding bodily remains
Note:
A container reference number is assigned by the entity which is the source of the bodily remains, or the applicant for cremation authorisation. The container is to include a list of the identifiers assigned to the bodily remains in the container.
Note:
Regulation 26 prescribes the requirements for a container enclosing bodily remains and body parts, to be cremated in a public cemetery.
Identifier assigned to bodily remains
Note:
The identifier may be assigned by the entity which is the source of the bodily remains or the applicant for cremation authorisation.
Note:
The entity which is the source of the bodily remains should keep records of container reference numbers, identifiers and the date, name and address of the crematorium where the bodily remains are disposed.
Name and address of crematorium at which cremation is to take place
Name:
Address:
Suburb/Town: State: Post Code:
Telephone: Home: Work: Mobile:
Email:
Cremated bodily remains
Following cremation, the cremated bodily remains are to be:
·interred
·other: [please specify]
Note:
For instance if the cremated bodily remains are scattered in a designated area in a public cemetery, this should be identifiable and possible to locate.
Statement by funeral director
This section should be filled out by the funeral director or the person who is otherwise arranging for the cremation of the bodily remains.
* Removal of pacemaker or other battery-powered device from the bodily remains is not required.
* I have arranged for any pacemaker or other battery-powered device to be removed from the bodily remains as required by the relevant cemetery trust.
*Company name:
Title: Given Names: Surname:
Address:
Suburb/Town: State: Post Code:
Telephone: Home: Work: Mobile:
Email:
Signature: Date:
WARNING
Under section 132 of the Cemeteries and Crematoria Act 2003 it is an offence to make a false statement in an application for a cremation authorisation, punishable by a fine of up to 600 penalty units or 5 years imprisonment or both.
I have read and understood all the information in this application.
Signature of applicant
Date:
*Delete if not applicable.
FORM 3B
Regulation 21A
Cemeteries and Crematoria Act 2003
Cemeteries and Crematoria Regulations 2015
APPLICATION FOR CREMATION AUTHORISATION OF BODY PARTS OF UNKNOWN NAME WITH AN IDENTIFIER
Applicant for cremation authorisation
Title: Given Names: Surname:
Address:
Suburb/Town: State: Post Code:
Telephone: Home: Work: Mobile:
Email:
Name and address of source of body parts
Name:
Address:
Suburb/Town: State: Post Code:
Telephone: Home: Work: Mobile:
Email:
Examples:
Examples of sources of body parts include schools of anatomy, body donor programs, universities, museums and body parts exhibitions.
Reference number of container holding body parts
Note:
A container reference number is assigned by the entity which is the source of the body parts, or the applicant for cremation authorisation. The container is to include a list of the identifiers assigned to the body parts contained in the container.
Note:
Regulation 26 prescribes the requirements for a container enclosing bodily remains and body parts, to be cremated in a public cemetery.
Identifier assigned to body parts
Note:
The identifier may be assigned by the entity which is the source of the body parts or by the applicant for cremation authorisation.
Note:
The entity which is the source of the body parts provides and keeps records of container reference numbers, identifiers and the date, name and address of the crematorium where the body parts are disposed.
Name and address of crematorium at which cremation is to take place
Name:
Address:
Suburb/Town: State: Post Code:
Telephone: Home: Work: Mobile:
Email:
Cremated body parts
Following cremation, the cremated body parts are to be:
·interred
·other: [please specify]
Note:
For instance if the cremated body parts are scattered in a designated area in a public cemetery, this should be identifiable and possible to locate.
Statement by funeral director
This section should be filled out by the funeral director or the person who is otherwise arranging for the cremation of the human remains.
* Removal of pacemaker or other battery-powered device from the body parts is not required.
* I have arranged for any pacemaker or other battery-powered device to be removed from the body parts as required by the relevant cemetery trust.
*Company name:
Title: Given Names: Surname:
Address:
Suburb/Town: State: Post Code:
Telephone: Home: Work: Mobile:
Email:
I have read and understood all the information in this application.
Signature of applicant
Date:
*Delete if not applicable.".
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Endnotes
[1] Reg. 4: S.R. No. 59/2015 as amended by S.R. No. 115/2015.
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