On this page
- Key messages
- Manual for Victorian Class A cemetery trusts
- Roles and responsibilities
- Conflicts of interest
- Cemetery trust member conduct
- Delegating cemetery trust powers
- Secretary’s directions
- Fraud and corruption control and public interest disclosures
- Skills matrix
- Annual and strategic plans
- Community advisory committee
Key messages
- Governance encompasses the processes by which organisations such as cemetery trusts are managed, controlled and held to account.
- Class A cemetery trusts are required to develop annual and strategic plans for approval by the department’s Secretary.
- Class A cemetery trusts must appoint a community advisory committee to liaise with the community.
Manual for Victorian Class A cemetery trusts
The Manual for Victorian Class A cemetery trusts is provided by the department to help cemetery trusts understand and meet their duties and legislative obligations.
The information provided in the manual is intended for general use only. It is not intended to constitute formal advice or be a definitive guide to the law and operations of a cemetery trust.
Roles and responsibilities
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Cemetery trust members represent the local communities in which the trust and its cemeteries are located. Trust members have a range of skills, experiences and perspectives.
The responsibilities of a cemetery trust member can be likened to those of a company director. Cemetery trust members have legal obligations and duties under:
- common law
- Cemeteries and Crematoria Act 2003
- Public Administration Act 2004
- other relevant state and federal legislation.
There is an expectation that cemetery trust members will act in good faith, fairly and impartially, with honesty and integrity, and in the best interests of the trust and their community.
The Class A cemetery trust member position description provides more information about the role.
Class A cemetery trust member position description -
Under the Cemeteries and Crematoria Act, one of the members of a Class A cemetery trust is appointed as the chairperson by the Governor in Council on the recommendation of the Minister for Health.
The role of the chairperson is to lead and assist trust members in understanding their role, responsibilities and accountabilities. Chairpersons are also responsible for ensuring that all trust members take part in the governance of the trust.
To achieve this, chairpersons need to facilitate discussions at trust meetings by ensuring that everybody has a say, managing meetings appropriately and ensuring that decisions are properly understood and recorded.
Conflicts of interest
Under clause 9 of schedule 1A of the Cemeteries and Crematoria Act, trust members are required to disclose any interest (direct or indirect) that could conflict with the proper performance of their duties.
The chairperson must ensure this disclosure is recorded in the minutes of the meeting at which the conflict is disclosed. A trust member who has disclosed a conflict of interest must not take any further part in the discussion of, or vote on, any matter relating to the conflict of interest.
The Appointment and remuneration require that each cemetery trust member complete a Class A cemetery trust declaration of private interests form each year, and whenever there is a material change in their interests. The forms are to be held by the trust and used to identify conflicts of interest that could present a risk to the governance and operation of the trust.
Cemetery trust member conduct
There is an expectation that cemetery trust members will act in good faith, fair and impartially, with honesty and integrity, and in the best interests of the trust and their communities. As members of a public entity, trust members:
- are subject to the public sector values outlined in s. 7 of the Public Administration Act, which include responsiveness, integrity, impartiality, accountability, respect and leadership
- must comply with the Victorian Charter of Human Rights and
- must comply with the Code of Conduct for Directors of Victorian Public issued by the Victorian Public Sector Commission.
More information about the duties and responsibilities of boards and board directors is available on the Join a public board .
Delegating cemetery trust powers
The Cemeteries and Crematoria Act provides for a cemetery trust to delegate many of its powers and functions. Section 15(1) of the Cemeteries and Crematoria Act sets out the powers cemetery trusts cannot delegate. This includes the power to:
- make cemetery trust rules
- buy or sell land
- lease or licence land
- establish crematoria
- establish mausolea facilities
- fix fees and charges
- borrow and invest
- delegate.
Section 15(4) of the Cemeteries and Crematoria Act requires a cemetery trust to keep a copy of any delegation of a power or function and a record of all the delegations it has made under s. 15 of the Cemeteries and Crematoria Act.
Secretary’s directions
The department’s Secretary may give directions to cemetery trusts under s. 18 of the Cemeteries and Crematoria Act. The directions help to ensure that cemetery trusts act responsibly and legally.
In 2016, the department’s Secretary issued directions to Class A cemetery trusts with respect to buildings or structures for the viewing or temporary refrigerated storage of bodily remains.
See Secretary's directions to cemetery trusts for more information.
Fraud and corruption control and public interest disclosures
Class A cemetery trusts are required to attest they have controls and processes in place to ensure that integrity, fraud and corruption risks have been reviewed and addressed in their annual reports. Class A cemetery trust annual reports also include information required under the Public Interest Disclosures Act 2012.
More information is available at Fraud, corruption control and public interest disclosures.
Skills matrix
Chairpersons are required to maintain a skills matrix for the trust. A skills matrix lists all current trust members and identifies the different skills each member brings to the trust. The skills matrix is designed to assist with the recruitment process to fill vacancies by highlighting existing skill gaps.
All chairpersons are expected to keep a copy of the skills matrix on file and keep the document updated as trust membership changes. The department has developed a Class A cemetery trust skills matrix template that may be adapted to meet the trust’s needs.
Annual and strategic plans
Class A cemetery trusts are required to develop annual and strategic plans. These plans must be in accordance with the Class A cemetery trust annual and strategic plan guidelines (the planning guidelines) made by the department’s Secretary under s. 18P of the Cemeteries and Crematoria Act.
Annual plan
Class A cemetery trusts must prepare an annual plan for each financial year that meets the requirements of the planning guidelines. The annual plan must specify the following:
- the objectives, priorities and key performance outcomes to be met by the cemetery trust for that year
- the trust’s performance indicators
- how and when the cemetery trust is to report on its performance in relation to the specified objectives, priorities and key performance outcomes.
The annual plan may include any other matters agreed to by the Minister for Health and the cemetery trust from time to time. A cemetery trust must give a copy of the proposed annual plan to the department on or before 30 September each year for the Secretary’s approval.
Strategic plan
Class A cemetery trusts must prepare a strategic plan for the management and operation of the cemetery trust that meets the requirements of the planning guidelines. The cemetery trust must submit a strategic plan to the department for the Secretary’s approval every three years.
Availability to the public
Class A cemetery trusts must ensure that approved annual plans and approved strategic plans are available to members of the public on request and made available on the cemetery trust’s website where applicable.
Community advisory committee
Class A cemetery trusts must appoint a community advisory committee for the purpose of liaising with their communities. A cemetery trust may appoint any additional community advisory committees it considers appropriate.
It is expected that the community advisory committee will assist the Class A cemetery trust to facilitate community engagement and ensure they are attuned to the needs and preferences of the communities they serve.
They will also assist in ensuring that the trust’s services and policies are informed by community input, such as local knowledge, as well as religious, cultural and heritage perspectives. Community advisory committee members are appointed by the cemetery trust.
Community advisory committee guidelines
The department’s Secretary has made Class A cemetery trust community advisory committee guidelines as under s. 18G of the Cemeteries and Crematoria Act. The guidelines provide a detailed overview of the requirements for Class A cemetery trusts in establishing and operating their community advisory committee.
The guidelines are designed to assist Class A cemetery trusts establish effective community advisory committees that can inform on consumer and community views in relation to the provision of cemetery trust services.
Reviewed 19 June 2024