Key messages

  • The code of practice establishes a framework to promote a fair and equitable environment for the sale and supply of memorialisation goods and services.
  • Victoria’s competitive neutrality policy applies to the sale and supply of all memorialisation goods and services by cemetery trusts where trusts are in direct competition with alternative suppliers from the private market.
  • Cemeteries cannot use clients’ personal information for marketing purposes unless they have consent to do so.

Under s. 112 of the Cemeteries and Crematoria Act 2003 (the Act), cemetery trusts may sell and supply memorials. Any cemetery trust that engages in these activities must ensure that they are informed about and comply with the principles of competitive neutrality to encourage a fair and equitable environment for the sale and supply of memorialisation goods and services.

To assist cemetery trusts to meet these obligations, the department has facilitated the development of a code of practice for the sale and supply of memorialisation products and services in Victorian public cemeteries.

The code of practice relates to the sale and supply of memorialisation goods and services by cemetery trusts and other alternative suppliers such as stone masons in Victorian public cemeteries.

It should be noted that Victoria’s competitive neutrality policy applies to the sale and supply of all memorialisation goods and services by cemetery trusts where trusts are in direct competition with alternative suppliers from the private market, including those goods and services not covered by this code.

It is strongly recommended that all trusts who have formally adopted this code incorporate monitoring of compliance with the code into their trust governance framework. This will ensure that the trust gives consideration to the requirements of the code and its performance in meeting those requirements on a regular basis.

Code of practice – use of bereaved parties’ personal information for marketing purposes

Cemetery trusts collect a range of information from bereaved parties in the course of discharging their statutory functions. Under the Privacy and Data Protection Act 2014, an organisation must not use or disclose personal information about an individual for a purpose other than the primary purpose of collection.

For example, cemetery trusts collect bereaved parties contact details for the purposes of arranging an interment or cremation. They cannot then use these contact details to promote trust memorialisation goods and services unless they have obtained the explicit consent of the bereaved party to do so.

All statutory forms prescribed under the Act that are used by cemetery trusts include an appropriate privacy statement that complies with this requirement.

A sample privacy statement that trusts may wish to include on other correspondence that they generate can be downloaded.