Key messages
- Legislation governs the operation of Victoria’s cemeteries and crematoria sector.
- The Cemeteries and Crematoria Act 2003 commenced on 1 July 2005 and was amended in 2009, 2015 and 2021.
- The Cemeteries and Crematoria Regulations 2015 lapse in 2025.
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The Cemeteries and Crematoria Act 2003 governs the operations of Victoria’s cemeteries and crematoria sector. The Cemeteries and Crematoria Act is available on the Victorian website.
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2021
The Cemeteries and Crematoria Amendment Act 2021 was passed by both houses of Parliament and received Royal Assent on 18 May 2021.
Parts 1, 2 and 4 gave effect to a new Secretary’s discretionary power to vary or force the surrender of a right of interment in limited circumstances. See Seeking variation or forced surrender of a right of interment held by another person for more information.
Part 3 gave effect to miscellaneous and technical amendments and commenced on 1 March 2022. Information about the minor and technical amendments is available for download below:
Minor and technical amendments to the Cemeteries and Crematoria Act 2003More information, including the explanatory memorandum and second reading speech, is available on the Victorian website.
2015
The Cemeteries and Crematoria Amendment (Veterans Reform) Act 2015 made amendments to provide cemetery trusts with a range of options for the management of identified veterans’ cremated remains.
The amendments ensure identified veterans’ cremated remains are not scattered upon expiry of a limited tenure interment and are preserved in perpetuity.
More information, including the explanatory memorandum and second reading speech, is available on the Victorian website.
2009
The Cemeteries and Crematoria Amendment Act 2009 made amendments to:
- improve the governance and accountability of cemetery trusts, focusing especially on the large entities that report to parliament under the Financial Management Act 1994
- introduce Class A and Class B cemetery trusts
- introduce the annual cemetery levy payable by Class A cemetery trusts
- make some housekeeping changes to improve the administration of the Cemeteries and Crematoria Act.
More information, including the explanatory memorandum and second reading speech, is available on the Victorian website.
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The Cemeteries and Crematoria Regulations 2015 came into operation on 27 June 2015 and are available on the Victorian website.
The Cemeteries and Crematoria Regulations are designed to:
- regulate public cemeteries and crematoria
- regulate the activities of cemetery trusts
- meet community expectations in relation to the interment, cremation and memorialisation of deceased persons.
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The Cemeteries and Crematoria Regulations were amended in 2020 to assist with:
- applying for cremation authorisation where remains are of unknown identity
- approving applications for cremation authorisation where remains are of unknown identity
- allowing cremated remains of unknown identity to be interred or scattered in a public cemetery
- allowing an inspector or designated officer of a school of anatomy to apply to inter or cremate body parts.
See Cremation of remains of unknown identity for more information.
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We have compiled a list of Victorian legislation that may impact cemetery trusts.
Please note this list is a guide only and there may be other legislation that impacts on cemetery trusts, for example taxation legislation. Download this list below:
Victorian legislation that impacts on cemetery trust operations
Reviewed 19 October 2023