Burial and Cremation (Interment Rights) Amendment Bill – second reading speech
Thursday 9 February 2023
S.E. ANDREWS (Gibson) (12:43): I rise to speak on the Burial and Cremation (Interment Rights) Amendment Bill. There are few guarantees in life but one of them is that it will come to an end at some point, hopefully after a long and fulfilling life, and when it does we all want to be treated with the same respect we hopefully received in our lifetime. Sadly, not all families are able to guarantee their loved one's peace once they are no longer with us due to the actions of some cemetery authorities who are not properly respecting the loved ones in their care.
This bill amends the Burial and Cremation Act 2013 to address issues experienced by the holders of valid interment rights who have had difficulties enforcing their rights against a cemetery authority. Additionally, it addresses the issue of the unauthorised removal of cremated ashes. This bill is almost identical to the 2021 bill that received support across the house, and I hope this sensible bill does as well. Labor is once again getting the job done to support our community.
In clause 2, the bill amends section 13 of the act, introducing an offence to remove cremated remains from an interment site or natural burial ground unless authorised by the holder of the interment right or their personal representative, unless the remains were interred directly in the earth, with a maximum penalty of $10,000. This will hopefully prevent acts like the Lucindale Cemetery case.
Clause 3 provides that interment rights can be enforced against the relevant authority for the cemetery or natural burial ground, regardless of when or by whom the interment right was issued. This, and the next section, will prevent incidences like the Old Noarlunga case.
Next, it is not a defence under the act for the defendant to be unaware of the existence of the interment right when they assumed administration, unless they can prove that they took reasonable steps to identify interment rights in existence when they took over. It is an offence for an authority to fail to comply with its obligations under an interment right, with maximum penalties of $10,000 for an individual or $20,000 for a body corporate.
Clauses 4, 5 and 6 provide for technical amendments regarding ownership of memorials and other minor drafting matters. I will highlight clause 4, which is a clarifying amendment to section 38(3)(b) of the act, to clarify that the former holder of the interment right has the right to reclaim a memorial from the relevant cemetery authority.
This is a bill that protects the rights of families from unauthorised removal of cremated ashes, and ensures that interment rights holders can enforce their rights. Additionally, it provides peace of mind for the community that their family members will not be subject to additional and inflated payments by cemetery authorities for sites they have already paid for. I commend this bill to the house.
