Hansard debates

Ordered that second-reading speech be incorporated into Hansard on motion of Mr JENNINGS (Special Minister of State).

Mr JENNINGS (Special Minister of State) — I move:

That the bill be now read a second time.

Incorporated speech as follows:

This bill will amend the Cemeteries and Crematoria Act 2003 to ensure that due respect is accorded to the cremated remains of veterans who have served in Australia's armed forces and are interred in Victorian public cemeteries. It will address a current gap in the law by giving cemetery trusts a framework that enables them to appropriately manage the cremated remains of veterans that have limited tenure interment.

Under the Cemeteries and Crematoria Act 2003, people who wish to have cremated remains interred in a public cemetery can purchase either perpetual tenure or limited (25-year) tenure for these remains. If limited tenure is chosen, the act requires cemetery trusts to make reasonable efforts to notify the holder of the right of interment at least 12 months before its expiry date. The notice must advise that the holder of the right of interment can either purchase a further 25-year right of interment for the remains, or convert the tenure to perpetual tenure.

If a cemetery trust has given notice under the act, but no action has been taken by the holder of the right of interment within the time frame specified in the notice, the cemetery trust may then remove the cremated remains from their place of interment, together with their memorial, and dispose of the remains within the cemetery grounds.

Concern has been raised in the community about the risk that veterans' cremated remains might be scattered by cemetery trusts at the expiry of limited tenure interment if their families cannot be contacted, or are unable to provide direction.

This bill will ensure that veterans' service and sacrifice is acknowledged in the way veterans' cremated remains are managed in Victorian cemeteries. It is intended to ensure veterans' cremated remains that have been interred for a limited (25-year) period are not scattered by cemetery trusts upon the expiry of their interment tenure.

The bill will give cemetery trusts options to appropriately manage veterans' cremated remains where family members are not able to provide direction. For example, trusts will be able to convert the interment tenure for the remains from limited to permanent tenure, and leave the remains in place. Where appropriate, trusts will be able to relocate the remains, together with the remains of family members interred nearby, to another location for permanent interment and provide a memorial in accordance with the wishes of family members. The Department of Health and Human Services will provide guidance to cemetery trusts about how to implement the provisions of this bill.

This bill has particular resonance at this time.

On 25 April this year, Australia will commemorate the centenary of the Gallipoli landing: the start of a campaign that saw over 8700 Australians dead or missing and many more wounded. While Gallipoli has special significance as a formative event for a young nation, we must never forget that Australians have served — and given their lives — in conflicts from the 19th century through to the present day.

It is fitting, in this year of commemoration and reflection, to ensure that veterans' cremated remains are treated with due respect, in accordance with community expectations.

I commend the bill to the house.

Debate adjourned on motion of Ms WOOLDRIDGE (Eastern Metropolitan).

Debate adjourned until Thursday, 5 March.