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Cemeteries & Crematoria

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Appointment to Cemetery Trusts

Page content: Overview | Class A Cemetery Trust Appointments | Class B Cemetery Trust Appointments

Overview

In Victoria, cemetery trusts are divided into Class A and Class B cemetery trusts. Class A cemetery trusts have greater financial responsibilities and corresponding reporting and accountability requirements, and govern the larger public cemeteries. The trust members of Class A cemetery trusts are paid for their services, while Class B trust members are volunteers.

The current Class A cemetery trusts are:

All other cemetery trusts in Victoria are Class B cemetery trusts.

The term of appointment for Class A cemetery trust members is 3 years.

The term of appointment for Class B cemetery trust members is 5 years.

The appointment process for Class A and Class B cemetery trusts differs significantly. Please refer to the relevant sections below.

Representation of women on cemetery trusts

Current government policy recommends that public bodies such as cemetery trusts should be representative of the communities they serve, and should seek to appoint women to half of all new appointments. Cemetery trusts are requested to encourage women to become members.

Class A Cemetery Trust Appointments

Appointment and removal of cemetery trust members

Under section 6A and schedule 1A of the Act trust members are appointed and removed by the Governor in Council on the recommendation of the Minister for Health.

There must not be fewer than six or more than nine trust members. The appointment of trust members are made according to the Appointment and Remuneration Guidelines for Victorian Government Boards Statutory Bodies and Advisory Committees January 2010 (updated July 2010) issued by the Department of Premier and Cabinet.

Appointment terms

Under clause 1 of schedule 1A of the Act, Class A trust members hold office for a period not exceeding 3 years and are eligible to apply for reappointment.

Appointment process

The appointment process for Class A cemetery trusts is primarily conducted by the Department of Health and appointments are made by Governor in council on the recommendation on the Minister.

Currently all Class A trust members have terms of appointment that expire on 28 February every three years.  Appointment rounds are coordinated centrally by the Cemeteries and Crematoria Regulation Unit.

Occasionally vacancies occur on a cemetery trust for reasons other than the expiry of appointment tenure, for example the resignation of a trust member.  If this occurs and the trust believes it is necessary to fill the vacancy prior to the next centrally coordinated appointment round, trusts should write to the department seeking the appointment of additional members. 

These requests should be addressed to the Manager, Cemeteries and Crematoria Regulation Unit and should include an explanation about how the vacancies occurred and any information relevant to the proposed appointments, such as the requirement of a specific skill set for prospective applicants.

The appointment process for Class A trusts is as follows:

Candidates are assessed against a skills based matrix designed to ensure the trust collectively has a broad set of skills to assist in performing its functions.

Remuneration

Under clause 5 of schedule 1A of the Act, each Class A trust member is eligible for remuneration. Members of each of the Class A cemetery trusts will receive remuneration in accordance with the Appointment and Remuneration Guidelines for Victorian Government Boards Statutory Bodies and Advisory Committees January 2010 (updated July 2010) that set a remuneration scale linked to the size and turnover of the statutory body.

The chairperson

The role of the chairperson is to exercise procedural control over trust meetings and to lead and assist the trust members in understanding their role, responsibilities and accountabilities as members of the trust.  The chairperson is responsible for ensuring that all trust members actively participate in the governance of the trust.

In order to achieve this, chairpersons need to facilitate discussions at trust meetings providing opportunities for each trust member to express their views, managing meetings in an orderly fashion, and ensuring that decisions are properly understood and recorded.

Under clause 2 of schedule 1A of the Act, one of the existing trust members must be appointed as a chairperson by the Governor in Council. The chairperson holds office for a period not exceeding 3 years and is eligible to apply for reappointment.

Resignations

Under clause 3 of schedule 1A of the Act, a trust member may resign from their position by means of a letter of resignation.  Letters should be addressed to the Minister for Health, care of the Cemeteries and Crematoria Regulation Unit, Department of Health.

On the recommendation of the Minister for Health, the Governor in Council may at any time remove a trust member from office. 

Application information

All applications for appointment to Class A trusts must be in the appropriate format. Guidelines to assist applicants prepare their applications, the application form and other mandatory forms can be accessed below under ‘Download’

Download

Guidelines, application form and other mandatory forms for appointment to Class A cemetery trusts:

Class B Cemetery Trust Appointments

Under the Cemeteries and Crematoria Act 2003 trust members are appointed and removed by the Governor in Council on the recommendation of the Minister for Health (Section 6 of the Act for appointments and Clause 3 of Schedule 1 of the Act for removals).

The Cemeteries and Crematoria Regulation Unit processes applications for appointment as a cemetery trust member and has developed Guidelines to assist trusts with the appointment of Class B cemetery trust members.

It takes approximately four months for the appointment process to be finalised once an application has been lodged with the department, longer if the department has to follow up with trusts regarding the application form.

Advertising vacancies

All trust vacancies must be advertised (The Department of Health bears the costs associated with advertising). Trusts should contact the Cemeteries and Crematoria Regulation Unit to advise of the local press they wish to place their advertisement in.

Number of cemetery trust members

There must not be fewer than three (3) or more than eleven (11) trust members.

Appointment terms

Trust members appointed prior to 1 January 1996 remain in office until they resign or pass away, or are removed from office by the Governor in Council. Trust members appointed since 1 January 1996 hold office for a period not exceeding five years and they may apply for reappointment.

Appointment and nomination process

When seeking potential nominees for trust membership, the requirements of the position and the selection criteria should be clearly communicated to suitable candidates. All vacancies on cemetery trusts must be publicly advertised.

When considering making a nomination for the position of a trust member, cemetery trusts must be in a position to demonstrate that their selection process is both fair and reasonable. In accordance with Victorian Government policy, trusts are encouraged to:

Professional qualifications and practical skills relevant to the trust should be considered. Trusts should have members with an appropriate mix of expertise, experience and a range of perspectives. Emphasis should be placed on the skill mix and personal attributes required for effective performance by the trust.

Expiry of existing appointments

To ensure continued participation on cemetery trusts, the unit encourages current trust members (who are not life members) to apply for reappointment before their current term expires.

Correct form

Trusts need to ensure that applications for appointment are submitted on the correct form. Outdated application forms cannot be processed by the department and will be returned to the trust.

Guidelines, application form and other relevant documents can be accessed below under ‘Download’

Download

Resignations

Under clause 3 of schedule 1 of the Act, a trust member may resign from their position by means of a letter of resignation addressed to the Minister for Health and delivered to the unit.

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