{"id":"sr:cemeteries-and-crematoria-regulations-2025","name":"Cemeteries and Crematoria Regulations 2025","slug":"cemeteries-and-crematoria-regulations-2025","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183855,"registerId":"vic-sr:cemeteries-and-crematoria-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"19","sectionType":"section","heading":"Prescribed information—cremation of bodily remains with an identifier","content":"\t19 Prescribed information—cremation of bodily remains with an identifier\n\nFor the purposes of section 59(c) of the Act, the following information is prescribed for the cremation of bodily remains with an identifier—\n\n(a) if the applicant for cremation is a body corporate, the name of the applicant;\n\n(b) the identifier for the deceased person;\n\n(c) the date of cremation;\n\n(d) if the bodily remains that have been cremated are subsequently collected from a public cemetery for which the cemetery trust is responsible, the date of collection.\n\n","sortOrder":0},{"sectionNumber":"20","sectionType":"section","heading":"Prescribed information—cremation of body parts with an identifier or container reference number","content":"\t20 Prescribed information—cremation of body parts with an identifier or container reference number\n\nFor the purposes of section 59(c) of the Act, the following information is prescribed for the cremation of body parts with an identifier or container reference number—\n\n(a) if the applicant for cremation is a body corporate, the name of the applicant;\n\n(b) a description of the body parts;\n\n(c) either—\n\n(i) the identifier for the body parts; or\n\n(ii) the container reference number for the body parts;\n\n(d) the date of cremation;\n\n(e) if the body parts that have been cremated are subsequently collected from a public cemetery for which the cemetery trust is responsible, the date of collection.\n\n**Note**\n\n***Body parts*** includes foetal remains which are not a still‑born child: see section 3(1) of the Act.\n\nPart 3—Applications for interment, cremation and exhumation\n\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Prescribed persons","content":"Division 1—Prescribed persons\n\n","sortOrder":2},{"sectionNumber":"21","sectionType":"section","heading":"Persons who may supply information","content":"\t21 Persons who may supply information\n\nFor the purposes of section 151(3)(d) of the Act, the following persons are prescribed—\n\n(a) a person appointed as an inspector of a school of anatomy under section 36 of the **Human Tissue Act 1982**;\n\n(b) a person having the control and management of a school of anatomy the conduct of which is authorised under section 35 of the **Human Tissue Act 1982** (the head of the school of anatomy);\n\n(c) the Secretary;\n\n(d) an authorised representative of a tissue bank prescribed under section 39A(1) of the **Human Tissue Act 1982**;\n\n(e) the Victorian Institute of Forensic Medicine established under section 64 of the **Victorian Institute of Forensic Medicine Act 1985**;\n\n(f) in the case of foetal remains which are not a still‑born child, the person who was pregnant with the foetus.\n\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Interment","content":"Division 2—Interment\n\n","sortOrder":4},{"sectionNumber":"22","sectionType":"section","heading":"Application for interment authorisation—bodily remains","content":"\t22 Application for interment authorisation—bodily remains\n\nFor the purposes of section 116(2) of the Act, the prescribed form is Form 1 of Schedule 1.\n\n","sortOrder":5},{"sectionNumber":"23","sectionType":"section","heading":"Application for interment approval—interment other than in a public cemetery","content":"\t23 Application for interment approval—interment other than in a public cemetery\n\nFor the purposes of section 121(2)(a) of the Act, the prescribed form is Form 2 of Schedule 1.\n\n","sortOrder":6},{"sectionNumber":"24","sectionType":"section","heading":"Application for interment authority—body parts (excluding foetal remains)","content":"\t24 Application for interment authority—body parts (excluding foetal remains)\n\n(1) For the purposes of section 151(1) of the Act, an application for an authority to inter body parts which are not foetal remains in a public cemetery may be made using Form 3 of Schedule 1.\n\n(2) For the purposes of section 151(2) of the Act, the following information is prescribed for an application referred to in subregulation (1)—\n\n(a) the full name of the person to whom the body parts belonged;\n\n(b) a description of the body parts;\n\n(c) the name of the person supplying the information specified in paragraphs (a) and (b) and the class of prescribed person listed in section 151(3)(a) to (c) of the Act or regulation 21(a) to (e) to which the person belongs.\n\n","sortOrder":7},{"sectionNumber":"25","sectionType":"section","heading":"Application for interment authority—foetal remains which are not a still‑born child","content":"\t25 Application for interment authority—foetal remains which are not a still‑born child\n\n(1) For the purposes of section 151(1) of the Act, an application for an authority to inter foetal remains which are not a still‑born child in a public cemetery may be made using Form 4 of Schedule 1.\n\n(2) For the purposes of section 151(2) of the Act, the following information is prescribed for an application referred to in subregulation (1)—\n\n(a) the full name of the person who was pregnant with the foetus;\n\n(b) the name of the person supplying the information specified in paragraph (a) and the class of prescribed person listed in section 151(3)(a) to (c) of the Act or regulation 21(a) to (f) to which the person belongs.\n\n","sortOrder":8},{"sectionNumber":"Div 3","sectionType":"division","heading":"Cremation","content":"Division 3—Cremation\n\n","sortOrder":9},{"sectionNumber":"26","sectionType":"section","heading":"Application for cremation authorisation—bodily remains","content":"\t26 Application for cremation authorisation—bodily remains\n\n(1) For the purposes of section 131(2) of the Act, the prescribed form of an application for a cremation authorisation for bodily remains in a public cemetery is Form 5 of Schedule 1.\n\n(2) This regulation does not apply if an identifier is assigned to the bodily remains.\n\n**Note**\n\nSee regulation 30 for an application for a cremation authorisation for bodily remains with an identifier.\n\n","sortOrder":10},{"sectionNumber":"27","sectionType":"section","heading":"Certificate of registered medical practitioner authorising cremation","content":"\t27 Certificate of registered medical practitioner authorising cremation\n\nFor the purposes of section 131(3)(a)(i) of the Act, the prescribed form of certificate is Form 6 of Schedule 1.\n\n","sortOrder":11},{"sectionNumber":"28","sectionType":"section","heading":"Application for cremation authority—body parts (excluding foetal remains)","content":"\t28 Application for cremation authority—body parts (excluding foetal remains)\n\n(1) For the purposes of section 151(1) of the Act, an application for an authority to cremate body parts which are not foetal remains in a public cemetery may be made using Form 7 of Schedule 1.\n\n(2) For the purposes of section 151(2) of the Act, the following information is prescribed for an application referred to in subregulation (1)—\n\n(a) the full name of the person to whom the body parts belonged;\n\n(b) a description of the body parts;\n\n(c) the name of the person supplying the information specified in paragraphs (a) and (b) and the class of prescribed person listed in section 151(3)(a) to (c) of the Act or regulation 21(a) to (e) to which the person belongs.\n\n(3) This regulation does not apply if an identifier or container reference number is assigned to the body parts.\n\n**Note**\n\nSee regulation 31 for an application for a cremation authority for body parts with an identifier or container reference number.\n\n","sortOrder":12},{"sectionNumber":"29","sectionType":"section","heading":"Application for cremation authority—foetal remains which are not a still‑born child","content":"\t29 Application for cremation authority—foetal remains which are not a still‑born child\n\n(1) For the purposes of section 151(1) of the Act, an application for an authority to cremate foetal remains which are not a still‑born child in a public cemetery may be made using Form 8 of Schedule 1.\n\n(2) For the purposes of section 151(2) of the Act, the following information is prescribed in relation to an authority referred to in subregulation (1)—\n\n(a) the full name of the person who was pregnant with the foetus;\n\n(b) the name of the person supplying the information specified in paragraph (a) and the class of prescribed person listed in section 151(3)(a) to (c) of the Act or regulation 21(a) to (f) to which the person belongs.\n\n(3) This regulation does not apply if an identifier or container reference number is assigned to the foetal remains.\n\n**Note**\n\nSee regulation 31 for an application for a cremation authority for foetal remains with an identifier or container reference number.\n\n","sortOrder":13},{"sectionNumber":"Div 4","sectionType":"division","heading":"Cremation where identifier or container reference number assigned","content":"Division 4—Cremation where identifier or container reference number assigned\n\n","sortOrder":14},{"sectionNumber":"30","sectionType":"section","heading":"Application for cremation authorisation—bodily remains with an identifier","content":"\t30 Application for cremation authorisation—bodily remains with an identifier\n\nFor the purposes of section 131(2) of the Act, the prescribed form of an application for cremation authorisation for bodily remains with an identifier is Form 9 of Schedule 1.\n\n","sortOrder":15},{"sectionNumber":"31","sectionType":"section","heading":"Application for cremation authority—body parts with an identifier or container reference number","content":"\t31 Application for cremation authority—body parts with an identifier or container reference number\n\n(1) For the purposes of section 151(1) of the Act, an application for an authority to cremate body parts with an identifier or container reference number in a public cemetery may be made using Form 10 of Schedule 1.\n\n(2) For the purposes of section 151(2) of the Act, the following information is prescribed for an application referred to in subregulation (1)—\n\n(a) the identifier or container reference number for the body parts;\n\n(b) a description of the body parts;\n\n(c) the name of the person supplying the information specified in paragraphs (a) and (b) and the class of prescribed person listed in section 151(3)(a) to (c) of the Act or regulation 21(a) to (f) to which the person belongs.\n\n**Note**\n\n***Body parts*** includes foetal remains which are not a still‑born child: see section 3(1) of the Act.\n\n","sortOrder":16},{"sectionNumber":"Div 5","sectionType":"division","heading":"Interment and cremation of deceased poor persons","content":"Division 5—Interment and cremation of deceased poor persons\n\n","sortOrder":17},{"sectionNumber":"32","sectionType":"section","heading":"Prescribed persons—application for an order","content":"\t32 Prescribed persons—application for an order\n\nFor the purposes of section 142 of the Act, the following persons are prescribed—\n\n(a) a person who is a relative or friend of the deceased person;\n\n(b) an executor or administrator of the deceased person's estate;\n\n(c) an authorised representative of a religious or charitable organisation;\n\n(d) State Trustees Limited  \n(A.C.N. 064 593 148);\n\n(e) an authorised representative of a hospital or other health or aged care service;\n\n(f) a police officer.\n\n","sortOrder":18},{"sectionNumber":"Div 6","sectionType":"division","heading":"Exhumation","content":"Division 6—Exhumation\n\n","sortOrder":19},{"sectionNumber":"33","sectionType":"section","heading":"Application to Secretary for exhumation licence","content":"\t33 Application to Secretary for exhumation licence\n\n(1) For the purposes of section 156(2)(a) of the Act, the prescribed form is Form 11 of Schedule 1.\n\n(2) For the purposes of section 156(2)(c) of the Act, the prescribed fee is 12 fee units.\n\nPart 4—Interment\n\nReg. 34 amended by S.R. No. 114/2025 reg. 5.\n\n","sortOrder":20},{"sectionNumber":"34","sectionType":"section","heading":"Requirements for enclosure of bodily remains and body parts","content":"\t34 Requirements for enclosure of bodily remains and body parts\n\nA person must not bring bodily remains or body parts to be interred into a public cemetery, or convey those bodily remains or body parts within a public cemetery, unless the bodily remains or body parts are enclosed in a coffin, casket, container or receptacle—\n\n(a) that is clean and hygienic; and\n\n(b) that is constructed of wood, metal or other substantial material; and\n\n(c) from which neither offensive or noxious emissions nor matter from the bodily remains or body parts will escape.\n\nPenalty: 10 penalty units.\n\nReg. 35 (Heading) amended by S.R. No. 114/2025 reg. 6(1).\n\nReg. 35 amended by S.R. No. 114/2025 reg. 6(2).\n\n","sortOrder":21},{"sectionNumber":"35","sectionType":"section","heading":"Requirements for labelling of coffins, caskets, containers and receptacles","content":"\t35 Requirements for labelling of coffins, caskets, containers and receptacles\n\nA person who brings bodily remains or body parts to be interred into a public cemetery, or conveys those bodily remains or body parts within a public cemetery, must ensure that the coffin, casket, container or receptacle enclosing the bodily remains or body parts is conspicuously labelled with—\n\n(a) the full name of the deceased person or person to whom the body parts belonged; or\n\n(b) an identifier; or\n\n(c) a container reference number.\n\n","sortOrder":22},{"sectionNumber":"36","sectionType":"section","heading":"Depth of burial requirements","content":"\t36 Depth of burial requirements\n\n(1) Subject to subregulations (2) and (3), if bodily remains or body parts are interred in a place of interment in a public cemetery, the cemetery trust responsible for that cemetery must ensure that—\n\n(a) if a sealed cap is to be installed over the bodily remains or body parts in the place of interment—\n\n(i) the sealed cap is installed as soon as practicable after the interment; and\n\n(ii) there is at least 400 millimetres of earth between the sealed cap and normal ground level; or\n\nReg. 36(1)(b) amended by S.R. No. 114/2025 reg. 7.\n\n(b) if the place of interment is unsealed, there is at least 750 millimetres of earth between the coffin, casket, container, receptacle or those remains and normal ground level.\n\nPenalty: 10 penalty units.\n\n(2) Despite subregulation (1), a right of interment may be exercised to inter bodily remains or body parts in a place of interment if—\n\n(a) that right of interment has been exercised in relation to that place of interment at least once before 28 July 1998; and\n\n(b) in interring those bodily remains or body parts by the current exercise of that right—\n\n(i) the place of interment is resealed with a sealed cap as soon as practicable after the interment; and\n\n(ii) the sides of the place of interment above the sealed cap are lined with brick, stone, concrete or other similar material; and\n\n(iii) there is at least 300 millimetres of earth between the sealed cap and normal ground level.\n\n(3) A cemetery trust must ensure that an interment to which subregulation (2) applies is carried out in accordance with that subregulation.\n\nPenalty: 10 penalty units.\n\n(4) This regulation does not apply to the interment of human remains in—\n\n(a) a concrete‑lined grave; or\n\n(b) a mausoleum; or\n\n(c) an above ground interment structure.\n\n","sortOrder":23},{"sectionNumber":"37","sectionType":"section","heading":"Requirements for interment in concrete‑lined grave","content":"\t37 Requirements for interment in concrete‑lined grave\n\nIf bodily remains or body parts are interred in a place of interment in a public cemetery that is a concrete‑lined grave, the cemetery trust responsible for that cemetery must ensure that a sealed cap is installed as soon as practicable after the interment.\n\nPenalty: 10 penalty units.\n\n","sortOrder":24},{"sectionNumber":"38","sectionType":"section","heading":"Construction of mausolea","content":"\t38 Construction of mausolea\n\n(1) A cemetery trust who establishes a mausoleum facility under section 22 of the Act must ensure that the mausoleum facility—\n\n(a) is designed, constructed and maintained for a service life of at least 100 years; and\n\n(b) is constructed of stone or similar durable material; and\n\n(c) is adequately ventilated, drained and vermin proof; and\n\n(d) contains crypt spaces which are adequately ventilated, drained and vermin proof.\n\nPenalty: 20 penalty units.\n\n(2) A person who establishes or alters a place of interment that is a mausoleum facility under Division 2 of Part 7 of the Act must ensure that the mausoleum—\n\n(a) is designed, constructed and maintained for a service life of at least 100 years; and\n\n(b) is constructed of stone or similar durable material; and\n\n(c) is adequately ventilated, drained and is vermin proof; and\n\n(d) contains crypt spaces which are adequately ventilated, drained and vermin proof.\n\nPenalty: 20 penalty units.\n\n","sortOrder":25},{"sectionNumber":"39","sectionType":"section","heading":"Interment in mausolea","content":"\t39 Interment in mausolea\n\nReg. 39(1) amended by S.R. No. 114/2025 reg. 8(1).\n\n(1) A cemetery trust or a person who inters bodily remains or body parts in a mausoleum in a public cemetery must ensure that the bodily remains or body parts are interred in a coffin, casket, container or receptacle—\n\n(a) that is clean and hygienic; and\n\n(b) that is constructed of wood, metal or other substantial material; and\n\n(c) from which neither offensive or noxious emissions nor matter from the bodily remains or body parts will escape.\n\nPenalty: 10 penalty units.\n\nReg. 39(2) amended by S.R. No. 114/2025 reg. 8(2).\n\n(2) A cemetery trust or a person who inters bodily remains or body parts in a mausoleum in a public cemetery must ensure that the coffin, casket, container or receptacle enclosing the bodily remains or body parts is conspicuously labelled with the full name of the deceased person or person to whom the body parts belonged.\n\n(3) A cemetery trust or a person who inters bodily remains or body parts in a mausoleum in a public cemetery must ensure that the bodily remains or body parts are interred—\n\n(a) in a soundly constructed crypt space; and\n\n(b) in a crypt space in which the number of interments has not exceeded the number of interments for which the crypt space was designed.\n\nPenalty: 10 penalty units.\n\n","sortOrder":26},{"sectionNumber":"40","sectionType":"section","heading":"Sealing of crypt space in mausolea","content":"\t40 Sealing of crypt space in mausolea\n\nA cemetery trust or a person who inters bodily remains or body parts in a mausoleum in a public cemetery must ensure that as soon as possible after the interment, the opening of the crypt space—\n\n(a) is sealed with a slab of impervious material to prevent the escape of offensive or noxious emissions or matter; and\n\n(b) is faced with a secure and durable slab of stone, slate or iron.\n\nPenalty: 10 penalty units.\n\nPart 5—Cremation\n\nReg. 41 amended by S.R. No. 114/2025 reg. 9.\n\n","sortOrder":27},{"sectionNumber":"41","sectionType":"section","heading":"Requirements for enclosure of bodily remains and body parts","content":"\t41 Requirements for enclosure of bodily remains and body parts\n\nA person must not bring bodily remains or body parts to be cremated into a public cemetery, or convey those bodily remains or body parts within a public cemetery, unless the bodily remains or body parts are enclosed in a coffin, casket, container or receptacle—\n\n(a) with a flat base; and\n\n(b) that is clean and hygienic; and\n\n(c) that is constructed of wood or other substantial material that is combustible and that will not—\n\n(i) impede the cremation process; or\n\n(ii) cause damage to the cremator; and\n\n(d) that will not give rise to noxious emissions when burnt; and\n\n(e) from which neither offensive or noxious emissions nor matter from the bodily remains or body parts will escape.\n\n1. 10 penalty units.\n\n\nReg. 42 (Heading) amended by S.R. No. 114/2025 reg. 10(1).\n\nReg. 42 amended by S.R. No. 114/2025 reg. 10(2).\n\n","sortOrder":28},{"sectionNumber":"42","sectionType":"section","heading":"Requirements for labelling of coffins, caskets, containers and receptacles","content":"\t42 Requirements for labelling of coffins, caskets, containers and receptacles\n\nA person who brings bodily remains or body parts to be cremated into a public cemetery, or conveys those bodily remains or body parts within a public cemetery, must ensure that the coffin, casket, container or receptacle enclosing the bodily remains or body parts is conspicuously labelled with—\n\n(a) the full name of the deceased person or person to whom the body parts belonged; or\n\n(b) an identifier; or\n\n(c) a container reference number.\n\nReg. 43 (Heading) amended by S.R. No. 114/2025 reg. 11(1).\n\n","sortOrder":29},{"sectionNumber":"43","sectionType":"section","heading":"Inspection of coffins, caskets, containers and receptacles","content":"\t43 Inspection of coffins, caskets, containers and receptacles\n\n(1) This regulation applies if bodily remains or body parts are to be cremated in a crematorium in a public cemetery in accordance with—\n\n(a) in the case of bodily remains, a cremation authorisation or a cremation approval; or\n\n(b) in the case of body parts, an authority under section 150 of the Act.\n\nReg. 43(2) amended by S.R. No. 114/2025 reg. 11(2).\n\n(2) The cemetery trust responsible for that cemetery may inspect a coffin, casket, container or receptacle enclosing the bodily remains or body parts and the contents of that coffin, casket, container or receptacle if the cemetery trust is of the opinion that the coffin, casket, container or receptacle or its contents could—\n\n(a) impede the cremation process; or\n\n(b) cause damage to the cremator.\n\n","sortOrder":30},{"sectionNumber":"44","sectionType":"section","heading":"Removal of fittings which may impede cremation process","content":"\t44 Removal of fittings which may impede cremation process\n\n(1) This regulation applies if bodily remains or body parts are to be cremated in a crematorium in a public cemetery in accordance with—\n\n(a) in the case of bodily remains, a cremation authorisation or a cremation approval; or\n\n(b) in the case of body parts, an authority under section 150 of the Act.\n\nReg. 44(2) amended by S.R. No. 114/2025 reg. 12.\n\n(2) The cemetery trust responsible for that cemetery may remove any fittings on a coffin, casket, container or receptacle enclosing the bodily remains or body parts if the cemetery trust is of the opinion that the fittings could—\n\n(a) impede the cremation process; or\n\n(b) cause damage to the cremator.\n\n(3) The cemetery trust must ensure that any fittings removed under subregulation (2) are disposed of in a manner considered appropriate by the cemetery trust.\n\n","sortOrder":31},{"sectionNumber":"45","sectionType":"section","heading":"Disposal of substances after cremation","content":"\t45 Disposal of substances after cremation\n\nA cemetery trust, in any manner it considers appropriate, may dispose of any metal substance or other non‑human substance recovered from a cremator in a crematorium for which the cemetery trust is responsible after the cremation of—\n\n(a) bodily remains cremated in accordance with a cremation authorisation or a cremation approval; or\n\n(b) body parts cremated in accordance with an authority under section 150 of the Act.\n\n","sortOrder":32},{"sectionNumber":"46","sectionType":"section","heading":"Release of cremated human remains","content":"\t46 Release of cremated human remains\n\n(1) This regulation does not apply to cremated human remains that have been disinterred under section 86 of the Act.\n\n(2) Subject to any order of a court, a cemetery trust may release cremated human remains only to—\n\n(a) in the case of body parts that have been cremated, the person to whom the body parts belonged; or\n\n(b) the applicant; or\n\n(c) the applicant's agent; or\n\n(d) if the persons specified in paragraphs (a) to (c) are deceased, the nearest surviving relative of the person who was cremated or to whom the body parts belonged.\n\n(3) In this regulation—\n\n***applicant*** means the person who applied for a cremation authorisation, a cremation approval or an authority under section 150 of the Act;\n\n***applicant's agent*** means a person authorised in writing by an applicant to be the applicant's agent for the purposes of the release by the cemetery trust to that agent of cremated human remains to which the cremation authorisation, cremation approval or authority under section 150 of the Act relates.\n\n","sortOrder":33},{"sectionNumber":"47","sectionType":"section","heading":"Collection and disposal of cremated human remains","content":"\t47 Collection and disposal of cremated human remains\n\n(1) A cemetery trust must make cremated human remains available for collection within 2 working days after the cremation.\n\n(2) A cemetery trust must hold cremated human remains for at least 12 months from the date of cremation unless those remains are released prior to that date in accordance with regulation 46(2).\n\n(3) If no person entitled to the cremated human remains gives a direction within 12 months of the date of the cremation as to the interment or disposal of the remains, a cemetery trust may—\n\n(a) inter the remains in the grounds of a public cemetery for which it is responsible; or\n\n(b) dispose of the remains in any other manner that it considers appropriate.\n\n(4) At least 3 months prior to the expiry of the 12 month period referred to in subregulation (3), a cemetery trust must take reasonable steps to notify the persons specified in regulation 46(2) of the trust's intention to inter or dispose of the remains at the expiry of that 12 month period.\n\n","sortOrder":34},{"sectionNumber":"Part 6","sectionType":"part","heading":"Management of public cemeteries","content":"Part 6—Management of public cemeteries\n\n","sortOrder":35},{"sectionNumber":"48","sectionType":"section","heading":"Written approval of cemetery trust for certain activities","content":"\t48 Written approval of cemetery trust for certain activities\n\n(1) A cemetery trust may approve the carrying out of an activity referred to in regulation 57 or 58(2) by a person or class of persons in a public cemetery for which the trust is responsible if the cemetery trust is satisfied it is not inconsistent with—\n\n(a) the care, protection or management of the public cemetery; or\n\n(b) the protection of public health in the cemetery; or\n\n(c) the maintenance of public order in the cemetery.\n\n(2) An approval under subregulation (1)—\n\n(a) must be in writing; and\n\n(b) may be subject to any terms and conditions that the cemetery trust considers reasonable to impose in the circumstances; and\n\n(c) for an approval for a class of persons, must be made available on request by any person and either—\n\n(i) published on the website of the cemetery trust; or\n\n(ii) prominently displayed within the cemetery.\n\n","sortOrder":36},{"sectionNumber":"49","sectionType":"section","heading":"Commercial activities","content":"\t49 Commercial activities\n\nA person, in a public cemetery, must not initiate unsolicited contact with another person for the purpose of promotion or marketing of the supply of goods or services relating to the interment, cremation or memorialisation of the dead.\n\nPenalty: 20 penalty units.\n\n","sortOrder":37},{"sectionNumber":"50","sectionType":"section","heading":"Information to purchasers of memorials","content":"\t50 Information to purchasers of memorials\n\n(1) If a cemetery trust sells or supplies memorials (other than structures provided and maintained by the cemetery trust and memorial plants), the cemetery trust, when promoting that activity, whether orally or by publication of advertising or promotional material, must provide information that complies with subregulation (2) that alternative vendors or suppliers of memorials exist.\n\nPenalty: 10 penalty units.\n\n(2) The information provided under subregulation (1) must include a statement that contact details for alternative vendors or suppliers may be found in the telephone directory and on the Internet.\n\n","sortOrder":38},{"sectionNumber":"51","sectionType":"section","heading":"Inspection of memorials, places of interment and buildings for ceremonies","content":"\t51 Inspection of memorials, places of interment and buildings for ceremonies\n\nA cemetery trust may inspect any work that is being carried out on memorials, places of interment and buildings for ceremonies in a public cemetery for which the cemetery trust is responsible.\n\n","sortOrder":39},{"sectionNumber":"52","sectionType":"section","heading":"Funerals","content":"\t52 Funerals\n\nA person must not arrange or conduct a funeral, including a funeral procession, in a public cemetery without the prior approval of the cemetery trust responsible for that cemetery.\n\nPenalty: 10 penalty units.\n\n","sortOrder":40},{"sectionNumber":"53","sectionType":"section","heading":"Funeral directions","content":"\t53 Funeral directions\n\n(1) A cemetery trust may give directions to a person regarding the manner in which a funeral, including a funeral procession, is to be conducted in a public cemetery for which the cemetery trust is responsible.\n\n(2) A person responsible for arranging a funeral, including a funeral procession, in a public cemetery must comply with any direction given by a cemetery trust under subregulation (1).\n\n","sortOrder":41},{"sectionNumber":"54","sectionType":"section","heading":"Offence to cause disturbance","content":"\t54 Offence to cause disturbance\n\nA person in a public cemetery must not act in a way that causes unreasonable disturbance to any other person.\n\nPenalty: 10 penalty units.\n\n","sortOrder":42},{"sectionNumber":"55","sectionType":"section","heading":"Danger to person or property","content":"\t55 Danger to person or property\n\nA person in a public cemetery must not act in a manner that is likely to cause danger to any person or property.\n\nPenalty: 10 penalty units.\n\n","sortOrder":43},{"sectionNumber":"56","sectionType":"section","heading":"Removal of objects, things and items from places of interment and memorials","content":"\t56 Removal of objects, things and items from places of interment and memorials\n\n(1) A cemetery trust may give directions to a person regarding the objects, things or items affixed to, or placed on or around, the places of interment and memorials in a public cemetery for which the cemetery trust is responsible.\n\n(2) A person must comply with a direction given by a cemetery trust under subregulation (1).\n\n(3) A cemetery trust may remove the following objects, things or items from a place of interment or memorial in a public cemetery for which the cemetery trust is responsible—\n\n(a) any object, thing or item that, without the prior approval of the cemetery trust, extends beyond the boundary of the place of interment or memorial;\n\n(b) any dead flowers or any other object, thing or item that is in a poor condition;\n\n(c) any object, thing or item placed on a place of interment or memorial in contravention of the Act, these Regulations, a direction given by a cemetery trust under subregulation (1) or the model rules set out in Schedule 2;\n\n(d) any object, thing or item that may cause danger to any person or property.\n\n(4) A cemetery trust must ensure that any object, thing or item removed under subregulation (3) is disposed of in a manner considered appropriate by the cemetery trust.\n\n(5) A person, other than a person specified in subregulation (6), must not, without reasonable excuse, remove any object, thing or item from a place of interment or memorial in a public cemetery.\n\nPenalty: 10 penalty units.\n\n(6) For the purposes of subregulation (5), the following persons are specified—\n\n(a) the cemetery trust when carrying out its functions;\n\n(b) an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;\n\n(c) a volunteer or other person authorised by the cemetery trust to carry out a function in the public cemetery when acting in accordance with that authorisation.\n\n","sortOrder":44},{"sectionNumber":"57","sectionType":"section","heading":"Use of fire in a public cemetery","content":"\t57 Use of fire in a public cemetery\n\n(1) A person, other than a person specified in subregulation (2), must not light or use fire in a public cemetery without the prior approval of the cemetery trust in accordance with regulation 48.\n\nPenalty: 10 penalty units.\n\n(2) For the purposes of subregulation (1), the following persons are specified—\n\n(a) the cemetery trust when carrying out its functions;\n\n(b) an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;\n\n(c) a volunteer or other person authorised by the cemetery trust to carry out a function in the public cemetery when acting in accordance with that authorisation.\n\n(3) A person who uses fire in a public cemetery in association with ceremonies for the interment, cremation or commemoration of the dead must not, without the prior approval of the cemetery trust in accordance with regulation 48, leave that fire unattended.\n\nPenalty: 10 penalty units.\n\n(4) Nothing in these Regulations permits the lighting or use of fire—\n\n(a) in an area that is subject to a declaration of a day or partial day of total fire ban under the **Country Fire Authority Act 1958**; or\n\n(b) in contravention of any Act.\n\n","sortOrder":45},{"sectionNumber":"58","sectionType":"section","heading":"Use of vehicles in a public cemetery","content":"\t58 Use of vehicles in a public cemetery\n\n(1) A person in a public cemetery must not drive, ride or otherwise use a vehicle so as to impede—\n\n(a) the operations or work of the cemetery trust responsible for that cemetery; or\n\n(b) a funeral, including a funeral procession.\n\nPenalty: 10 penalty units.\n\n(2) A person in a public cemetery must not drive, ride or otherwise use a vehicle on any surface other than a road, track or parking area without the prior approval of the cemetery trust in accordance with regulation 48.\n\nPenalty: 10 penalty units.\n\n(3) A person, other than a person specified in subregulation (4), in a public cemetery must not park, drive, ride or otherwise use a vehicle in a manner contrary to any direction given by the cemetery trust responsible for that cemetery, including a direction indicated by a sign.\n\nPenalty: 10 penalty units.\n\n(4) For the purposes of subregulation (3), the following persons are specified—\n\n(a) the cemetery trust when carrying out its functions;\n\n(b) an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;\n\n(c) a volunteer or other person authorised by the cemetery trust to carry out a function in the public cemetery when acting in accordance with that authorisation.\n\n(5) In this regulation—\n\n***sign*** means a sign prominently displayed within the public cemetery to which it relates and includes—\n\n(a) a notice, whether on a post or not; and\n\n(b) painted lines, markings or words on a roadway;\n\n***vehicle*** means a mechanical or motorised vehicle, bicycle, carriage, cart, horse, rollerblades, rollerskates, skateboard or any other means of conveyance, but does not include—\n\n(a) a wheelchair or other device designed or used for the conveyance of a person with mobility difficulties; or\n\n(b) a pram, stroller or other device designed or used for the conveyance of children.\n\n","sortOrder":46},{"sectionNumber":"59","sectionType":"section","heading":"Opening hours","content":"\t59 Opening hours\n\nUnless a public cemetery is open to the public at all times, the cemetery trust responsible for that cemetery must display at the main entrance of the cemetery and at prominent places within the cemetery the hours during which the public can access the cemetery.\n\n","sortOrder":47},{"sectionNumber":"60","sectionType":"section","heading":"Model rules","content":"\t60 Model rules\n\nFor the purposes of section 25 of the Act, the prescribed model rules are those set out in Schedule 2.\n\n","sortOrder":48},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Forms","content":"Schedule 1—Forms\n\nSch. 1 Form 1 amended by S.R. No. 114/2025 reg. 13.\n\nFORM 1\n\nRegulation 22\n\n**Cemeteries and Crematoria Act 2003**\n\nCemeteries and Crematoria Regulations 2025\n\nApplication for interment authorisation—BODILY REMAINS\n\n**The deceased person**\n\nFull name:\n\nSex: [**tick appropriate box*]\n\n🞏 Male 🞏 Female 🞏 Other 🞏 Don't know/prefer not to say\n\nDate of birth:\n\nDate of death:\n\nAge:\n\nLast known permanent street address:\n\nSuburb/town/city: State: Postcode:\n\nReligion if any (optional):\n\nDid the deceased person have a spouse or domestic partner at the time of the deceased person's death? [**tick appropriate box*]\n\n🞏 Yes 🞏 No 🞏 Don't know/prefer not to say\n\nWas the deceased person an identified veteran? [**tick appropriate box*]\n\n🞏 Yes 🞏 No 🞏 Don't know\n\n**Place of interment**\n\nName of public cemetery:\n\nType of place of interment: [*specify type, e.g. grave, vault, mausoleum crypt*]\n\nLocation of place of interment: [*specify the location, e.g. section, row, grave number or other geographical locator*]\n\nType of interment: [**tick appropriate box*]\n\n🞏 New 🞏 Pre‑purchased/pre‑need 🞏 Re‑open\n\nPlease answer this question if this will be the first interment in the place of interment—how many additional interments will be required?  \n[**tick appropriate box*]\n\n🞏 0 🞏 1 🞏 2 🞏 3 🞏 Other: [*specify number*]\n\n**Interment and funeral arrangements**\n\nDetails of the funeral director or the person arranging for the interment and the funeral service (if any):\n\nCompany name (if any):\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nType of coffin, casket, container or receptacle: [**tick appropriate box*]\n\n Coffin  Casket  Other: [*describe container or receptacle*]\n\nDimensions of coffin, casket, container or receptacle:  \nLength: Width: Depth:\n\nMaterial of which coffin, casket, container or receptacle is constructed: [*specify, e.g. wood, metal*]\n\nServices (if any) being conducted: [**tick appropriate box*]\n\n🞏 Funeral service at a venue within the cemetery prior to interment\n\n🞏 Funeral service at a location outside the cemetery prior to arrival at the cemetery for interment\n\n🞏 Funeral service at the interment site\n\n🞏 No attendance at interment\n\nDate and time of funeral service (if any):\n\nSpecial requirements for the interment: [*specify, e.g. witness backfill, shoring, shroud burial with backboard or without backboard*]\n\nDate and time of interment:\n\nOther requirements:\n\n**Applicant's details**\n\nFull name of applicant:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nRelationship to deceased person:\n\n**Consent of holder(s) of right of interment**\n\nIs the applicant the holder of the right of interment for the place of interment where the bodily remains will be interred? [**tick appropriate box*]\n\n🞏 Yes, the sole holder of the right of interment [*proceed to* ***Information accompanying application***]\n\n🞏 Yes, one of the holders of the right of interment\n\n🞏 No\n\nComplete this section in respect of each holder of the right of interment (other than the applicant). Attach additional pages if necessary.\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nRelationship to deceased person:\n\nI consent to the application for interment authorisation.\n\nSignature(s) of holder(s) of right of interment: Date:\n\nHave all holders of the right of interment been informed of this application? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf no, give reasons why all holders of the right of interment have not been informed:\n\nIf yes, do all holders of the right of interment consent to this application? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\n**Information accompanying application**\n\nThe following document accompanies this application in accordance with section 116(3) of the **Cemeteries and Crematoria Act 2003**:  [**tick appropriate box*]\n\n🞏 notice under section 37(2) of the **Births, Deaths and Marriages Registration Act 1996** *(notice of death by treating doctor)*\n\n🞏 copy of order made by a coroner under section 47 of the **Coroners Act 2008** *(coroner's order)*\n\n🞏 if the deceased person died outside Victoria, a document corresponding to a notice under section 37(2) of the **Births, Deaths and Marriages Registration Act 1996** from the jurisdiction where the deceased person died *(notice of death by treating doctor—other jurisdiction)*\n\n🞏 if the deceased person died outside Victoria, a document corresponding to an order made by a coroner under section 47 of the **Coroners Act 2008** from the jurisdiction where the deceased person died *(coroner's order—other jurisdiction)*\n\n🞏 notice of still‑birth under the **Births, Deaths and Marriages Registration Act 1996** *(notice of still‑birth)*\n\n🞏 if the still‑birth occurred outside Victoria, a document corresponding to a notice of still‑birth under the **Births, Deaths and Marriages Registration Act 1996** from the jurisdiction where the still‑birth occurred *(notice of still‑birth—other jurisdiction)*\n\n🞏 statutory declaration made by the person arranging the interment stating that, owing to special circumstances, it is not possible to produce one of the documents referred to above.\n\n**WARNING**\n\nUnder section 117 of the **Cemeteries and Crematoria Act 2003** it is an offence to make a false statement in an application for an interment authorisation, punishable by a fine of up to 240 penalty units or 2 years imprisonment or both.\n\nSignature of applicant: Date:\n\nSch. 1 Form 2 amended by S.R. No. 114/2025 reg. 14.\n\nFORM 2\n\nRegulation 23\n\n**Cemeteries and Crematoria Act 2003**\n\nCemeteries and Crematoria Regulations 2025\n\nApplication for interment approval—interment other than in a public cemetery\n\n**The deceased person**\n\nFull name:\n\nSex: [**tick appropriate box*]\n\n🞏 Male 🞏 Female 🞏 Other 🞏 Don't know/prefer not to say\n\nDate of birth:\n\nDate of death:\n\nAge:\n\nLast known permanent street address:\n\nSuburb/town/city: State: Postcode:\n\nReligion if any (optional):\n\nDid the deceased person have a spouse or domestic partner at the time of the deceased person's death? [**tick appropriate box*]\n\n🞏 Yes 🞏 No 🞏 Don't know/prefer not to say\n\n**Location of proposed place of interment**\n\nProperty details: [*specify address and Certificate of Title folio and volume reference, and if the interment is proposed to take place on Crown land, Crown allotment details*]\n\nLocation of interment on land: [*provide details consistent with the cemetery system for recording grave locations, e.g. section, row, grave number or other geographical locator*]\n\n**Details of other interments at the proposed place of interment**\n\nIs there a record of another person having been buried on the land? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf no, contact the Department to discuss the application.\n\nIf yes, is the existing grave(s) clearly marked? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nProvide details, such as existing headstones, fencing of grave, etc:\n\n**Interment and funeral arrangements**\n\nDetails of funeral director or the person arranging for the interment and the funeral service (if any):\n\nCompany name (if any):\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nType of coffin, casket, container or receptacle: [**tick appropriate box*]\n\n Coffin  Casket  Other: [*describe container or receptacle*]\n\nDimensions of coffin, casket, receptacle or container if any:  \nLength: Width: Depth:\n\nMaterial of which coffin, casket, container or receptacle is constructed: [*specify, e.g. wood, metal*]\n\nDescription of memorial or marker to be placed over the place of interment:\n\n**Applicant's details**\n\nFull name of applicant:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nRelationship to deceased person:\n\n**Consent of land owner/manager**\n\nPlease obtain the consent of the applicable person listed below to the interment on the land:\n\n* Land owner—attach a copy of the Certificate of Title confirming your ownership of the land and sign below indicating your consent to the interment on your land.\n\nSignature of land owner: Date:\n\n* Appointed delegate of the land owner—attach a copy of the Certificate of Title and a signed statement from the land owner indicating that you are authorised to act on their behalf in regard to conducting interments on their land. This statement must include the land owner's full name, address and contact telephone number.\n\nSignature of delegate: Date:\n\n* Appointed land manager (relates to Crown land)—attach a statement from the body responsible for the management of that land that you are authorised to carry out the interment on the land.\n\n(**Delete if not applicable.*)\n\n**Information accompanying application**\n\nThe following document accompanies this application in accordance with section 121(3) of the **Cemeteries and Crematoria Act 2003**:  [**tick appropriate box*]\n\n🞏 notice under section 37(2) of the **Births, Deaths and Marriages Registration Act 1996** *(notice of death by treating doctor)*\n\n🞏 copy of order made by a coroner under section 47 of the **Coroners Act 2008** *(coroner's order)*\n\n🞏 if the deceased person died outside Victoria, a document corresponding to a notice under section 37(2) of the **Births, Deaths and Marriages Registration Act 1996** from the jurisdiction where the deceased person died *(notice of death by treating doctor—other jurisdiction)*\n\n🞏 notice of still‑birth under the **Births, Deaths and Marriages Registration Act 1996** *(notice of still‑birth)*\n\n🞏 if the still‑birth occurred outside Victoria, a document corresponding to a notice of still‑birth under the **Births, Deaths and Marriages Registration Act 1996** from the jurisdiction where the still‑birth occurred *(notice of still‑birth—other jurisdiction)*\n\n🞏 statutory declaration made by the person arranging the interment stating that, owing to special circumstances, it is not possible to produce one of the documents referred to above.\n\n**WARNING**\n\nUnder section 122 of the **Cemeteries and Crematoria Act 2003** it is an offence to make a false statement in an application for an interment approval, punishable by a fine of up to 240 penalty units or 2 years imprisonment or both.\n\nSignature of applicant: Date:\n\nSch. 1 Form 3 amended by S.R. No. 114/2025 reg. 15.\n\nFORM 3\n\nRegulation 24\n\n**Cemeteries and Crematoria Act 2003**\n\nCemeteries and Crematoria Regulations 2025\n\nApplication for interment authority—BODy parts (excluding foetal remains)\n\n**Prescribed information**\n\nThe person supplying the information in this section must be a person listed in section 151(3)(a) to (c) of the **Cemeteries and Crematoria Act 2003** or regulation 21(a) to (e) of the Cemeteries and Crematoria Regulations 2025.\n\nFull name of the person to whom the body parts belonged:\n\nDescription of the body parts to be interred:\n\n**Details of person supplying the prescribed information**\n\nIs the person supplying the prescribed information the applicant for interment authority? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf no, provide the details of person supplying the prescribed information:\n\nFull name:\n\nEntity name (if any): [*e.g. hospital, school of anatomy, tissue bank*]\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nSelect the class of prescribed person listed in section 151(3)(a) to (c) of the **Cemeteries and Crematoria Act 2003** or regulation 21(a) to (e) of the Cemeteries and Crematoria Regulations 2025 to which the person belongs: [**tick appropriate box*]\n\n🞏 registered medical practitioner who treated the person to whom the body parts belonged\n\n🞏 registered medical practitioner of the hospital where the person to whom the body parts belonged was treated\n\n🞏 coroner\n\n🞏 inspector of a school of anatomy\n\n🞏 head of school of anatomy\n\n🞏 the Secretary\n\n🞏 authorised representative of a tissue bank\n\n🞏 the Victorian Institute of Forensic Medicine\n\nSignature of person supplying prescribed information (if not the applicant):\n\nDate:\n\n**Person to whom the body parts belonged**\n\nSex: [**tick appropriate box*]\n\n🞏 Male 🞏 Female 🞏 Other 🞏 Don't know/prefer not to say\n\nDate of birth:\n\nDate of death (if applicable):\n\nLast known permanent street address:\n\nSuburb/town/city: State: Postcode:\n\n**Place of interment**\n\nName of public cemetery:\n\nType of place of interment: [*specify type, e.g. grave, vault, mausoleum crypt*]\n\nLocation of place of interment: [*specify the location, e.g. section, row, grave number or other geographical locator*]\n\nType of interment: [**tick appropriate box*]\n\n🞏 New 🞏 Pre‑purchased/pre‑need 🞏 Re‑open\n\nPlease answer this question if this will be the first interment in the place of interment—how many additional interments will be required? [**tick appropriate box*]\n\n🞏 0 🞏 1 🞏 2 🞏 3 🞏 Other: [*specify number*]\n\n**Interment and funeral arrangements**\n\nDetails of the funeral director or the person arranging for the interment and the funeral service (if any):\n\nCompany name (if any):\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nType of coffin, casket, container or receptacle: [**tick appropriate box*]\n\n Coffin  Casket  Other: [*describe container or receptacle*]\n\nDimensions of coffin, casket, container or receptacle:  \nLength: Width: Depth:\n\nMaterial of which coffin, casket, container or receptacle is constructed: [*specify, e.g. wood, metal*]\n\nServices (if any) being conducted: [**tick appropriate box*]\n\n🞏 Funeral service at a venue within the cemetery prior to interment\n\n🞏 Funeral service at a location outside the cemetery prior to arrival at the cemetery for interment\n\n🞏 Funeral service at the interment site\n\n🞏 No attendance at interment\n\nDate and time of funeral service (if any):\n\nSpecial requirements for the interment: [*specify, e.g. witness backfill, shoring, shroud burial with backboard or without backboard*]\n\nDate and time of interment:\n\nOther requirements:\n\n**Applicant's details**\n\nFull name of applicant:\n\nIf applicant is not a natural person, the name of the contact person for the applicant:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nRelationship to the person to whom the body parts belonged:\n\n**Consent of holder(s) of right of interment**\n\nIs the applicant the holder of the right of interment for the place of interment where the body parts will be interred? [**tick appropriate box*]\n\n🞏 Yes, the sole holder of the right of interment [Proceed to ***Signature of applicant***]\n\n🞏 Yes, one of the holders of the right of interment\n\n🞏 No\n\nComplete this section in respect of each holder of the right of interment (other than the applicant). Attach additional pages if necessary.\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nRelationship to person to whom the body parts belonged:\n\nI consent to the application for interment authority.\n\nSignature(s) of holder(s) of right of interment: Date:\n\nHave all holders of the right of interment been informed of this application? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf no, give reasons why all holders of the right of interment have not been informed:\n\nIf yes, do all holders of the right of interment consent to this application? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nSignature of applicant: Date:\n\nSch. 1 Form 4 amended by S.R. No. 114/2025 reg. 16.\n\nFORM 4\n\nRegulation 25\n\n**Cemeteries and Crematoria Act 2003**\n\nCemeteries and Crematoria Regulations 2025\n\nApplication for interment authority—foetal remains which are not a still‑born child\n\n**Prescribed information**\n\nThe person supplying the information in this section must be a person listed in section 151(3)(a) to (c) of the **Cemeteries and Crematoria Act 2003** or regulation 21(a) to (f) of the Cemeteries and Crematoria Regulations 2025.\n\nFull name of the person who was pregnant with the foetus:\n\n**Details of person supplying the prescribed information**\n\nIs the person supplying the prescribed information the applicant for interment authority? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf no, provide the details of person supplying the prescribed information:\n\nFull name:\n\nEntity name (if any): [*e.g. hospital, school of anatomy, tissue bank*]\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nSelect the class of prescribed person listed in section 151(3)(a) to (c) of the **Cemeteries and Crematoria Act 2003** or regulation 21(a) to (f) of the Cemeteries and Crematoria Regulations 2025 to which the person belongs: [**tick appropriate box*]\n\n🞏 registered medical practitioner who treated the person who was pregnant with the foetus\n\n🞏 registered medical practitioner of the hospital where the person who was pregnant with the foetus was treated\n\n🞏 coroner\n\n🞏 inspector of a school of anatomy\n\n🞏 head of school of anatomy\n\n🞏 the Secretary\n\n🞏 authorised representative of a tissue bank\n\n🞏 the Victorian Institute of Forensic Medicine\n\n🞏 the person who was pregnant with the foetus\n\nSignature of person supplying prescribed information (if not the applicant):\n\nDate:\n\n**Place of interment**\n\nName of public cemetery:\n\nType of place of interment: [*specify type, e.g. grave, vault, mausoleum crypt*]\n\nLocation of place of interment: [*specify the location, e.g. section, row, grave number or other geographical locator*]\n\nType of interment: [**tick appropriate box*]\n\n🞏 New 🞏 Pre‑purchased/pre‑need 🞏 Re‑open\n\nPlease answer this question if this will be the first interment in the place of interment—how many additional interments will be required? [**tick appropriate box*]\n\n🞏 0 🞏 1 🞏 2 🞏 3 🞏 Other: [*specify number*]\n\n**Interment and funeral arrangements**\n\nDetails of the funeral director or the person arranging for the interment and the funeral service (if any):\n\nCompany name (if any):\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nType of coffin, casket, container or receptacle: [**tick appropriate box*]\n\n Coffin  Casket  Other: [*describe container or receptacle*]\n\nDimensions of coffin, casket, container or receptacle:  \nLength: Width: Depth:\n\nMaterial of which coffin, casket, container or receptacle is constructed: [*specify, e.g. wood, metal*]\n\nServices (if any) being conducted: [**tick appropriate box*]\n\n🞏 Funeral service at a venue within the cemetery prior to interment\n\n🞏 Funeral service at a location outside the cemetery prior to arrival at the cemetery for interment\n\n🞏 Funeral service at the interment site\n\n🞏 No attendance at interment\n\nDate and time of funeral service (if any):\n\nSpecial requirements for the interment: [*specify, e.g. witness backfill, shoring, shroud burial with backboard or without backboard*]\n\nDate and time of interment:\n\nAdditional information regarding the foetal remains (optional):\n\nOther requirements:\n\n**Applicant's details**\n\nFull name of applicant:\n\nIf the applicant is not a natural person, the name of the contact person for the applicant:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\n**Consent of holder(s) of right of interment**\n\nIs the applicant the holder of the right of interment for the place of interment where the foetal remains will be interred? [**tick appropriate box*]\n\n🞏 Yes, sole holder of the right of interment [*proceed to* ***Signature of applicant***]\n\n🞏 Yes, one of the holders of the right of interment\n\n🞏 No\n\nComplete this section in respect of each holder of the right of interment (other than the applicant). Attach additional pages if necessary.\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nRelationship to person who was pregnant with the foetus:\n\nI consent to the application for interment authority.\n\nSignature(s) of holder(s) of right of interment: Date:\n\nHave all holders of the right of interment been informed of this application? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf no, give reasons why all holders of the right of interment have not been informed:\n\nIf yes, do all holders of the right of interment consent to this application? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nSignature of applicant: Date:\n\nSch. 1 Form 5 amended by S.R. No. 114/2025 reg. 17.\n\nForm 5\n\nRegulation 26\n\n**Cemeteries and Crematoria Act 2003**\n\nCemeteries and Crematoria Regulations 2025\n\nApplication for Cremation Authorisation—BODILY REMAINS\n\n**The deceased person**\n\nFull name:\n\nSex: [**tick appropriate box*]\n\n🞏 Male 🞏 Female 🞏 Other 🞏 Don't know/prefer not to say\n\nDate of birth:\n\nDate of death:\n\nAge:\n\nLast known permanent street address:\n\nSuburb/town/city: State: Postcode:\n\nReligion, if any (optional):\n\nDid the deceased person have a spouse or domestic partner at the time of the deceased person's death? [**tick appropriate box*]\n\n🞏 Yes 🞏 No 🞏 Don't know/prefer not to say\n\nWas the deceased person an identified veteran? [**tick appropriate box*]\n\n🞏 Yes 🞏 No 🞏 Don't know\n\n**Place of cremation**\n\nName of crematorium:\n\n**Cremation and funeral arrangements**\n\nDetails of the funeral director or the person arranging for the cremation and the funeral service (if any):\n\nCompany name (if any):\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nType of coffin, casket, container or receptacle: [**tick appropriate box*]\n\n Coffin  Casket  Other: [*describe container or receptacle*]\n\nDimensions of coffin, casket, container or receptacle:  \nLength: Width: Depth:\n\nMaterial of which coffin, casket, container or receptacle is constructed: [*specify, e.g. wood*]\n\nServices (if any) being conducted: [**tick appropriate box(es)*]\n\n🞏 Funeral service at a venue within the cemetery prior to cremation\n\n🞏 Funeral service at a location outside the cemetery prior to arrival at the cemetery for cremation\n\n🞏 Funeral service at the crematorium to witness the commencement of the cremation\n\n🞏 Viewing at the crematorium prior to the cremation\n\n🞏 No funeral service prior to cremation (no attendance)\n\nDate and time of funeral service (if any):\n\nDate and time of cremation:\n\nCultural requirements post cremation (e.g. bone sort):\n\nOther requirements:\n\n**Applicant's details**\n\nFull name of applicant:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nRelationship to the deceased person:\n\n**Cremated remains**\n\nFollowing cremation, the cremated remains are to be: [**tick appropriate box(es)*]\n\n🞏 Interred at: [*specify cemetery*]\n\n**Note:** The cemetery trust must authorise the interment of cremated human remains: see section 141 of the **Cemeteries and Crematoria Act 2003**.\n\n🞏 Collected by:\n\n🞏 Funeral director\n\n🞏 Applicant\n\n🞏 Applicant's agent [*complete* ***Agent's details*** *section below*]\n\n🞏 Held at crematorium (for up to 12 months after the cremation)\n\n**Note:** Cemetery trusts are required to hold the cremated remains for at least 12 months after the cremation. Following the expiry of the 12 month period, the cemetery trust may dispose of the cremated remains in any way that it considers appropriate.\n\n🞏 Other: [*please* *specify, e.g. to be posted, urgent collection within 24 hours*]\n\n**Agent's details**\n\nIf you would like to nominate an agent to collect the cremated remains, please provide the following details:\n\nFull name of agent:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\n**Statement by funeral director or person arranging the cremation**\n\nThis section should be completed by the funeral director or the person who is arranging for the cremation of the bodily remains.\n\nPlease select one option:\n\n🞏 The deceased person has no pacemaker or battery‑powered device.\n\n🞏 I have arranged for the deceased person's pacemaker or other battery‑powered device to be removed.\n\n🞏 The deceased person's pacemaker or other battery‑powered device has not been removed as the cemetery trust does not require its removal.\n\nSignature of funeral director/person arranging cremation: Date:\n\n**Information accompanying application**\n\nThe following document accompanies this application in accordance with section 131(3) of the **Cemeteries and Crematoria Act 2003**:  [**tick appropriate box*]\n\n🞏 a certificate of a registered medical practitioner authorising cremation (Form 6) together with a notice under section 37(2) of the **Births, Deaths and Marriages Registration Act 1996** *(notice of death by treating doctor)*\n\n🞏 copy of order made by a coroner under section 47 of the **Coroners Act 2008** *(coroner's order)*\n\n🞏 if the deceased person died outside Victoria, an authority to cremate under the hand of the coroner or other person permitted by the law of the jurisdiction where the deceased died *(coroner's order—other jurisdiction)*\n\n🞏 notice of still‑birth under the **Births, Deaths and Marriages Registration Act 1996** *(notice of still‑birth)*\n\n🞏 if the still‑birth occurred outside Victoria, a notice corresponding to a notice of still‑birth under the **Births, Deaths and Marriages Registration Act 1996** from the jurisdiction where the still‑birth occurred *(notice of still‑birth—other jurisdiction)*\n\n🞏 a cremation approval.\n\n**WARNING**\n\nUnder section 132 of the **Cemeteries and Crematoria Act 2003** it is an offence to make a false statement in an application for a cremation authorisation, punishable by a fine of up to 600 penalty units or 5 years imprisonment or both.\n\nSignature of applicant: Date:\n\nForm 6\n\nRegulation 27\n\n**Cemeteries and Crematoria Act 2003**\n\nCemeteries and Crematoria Regulations 2025\n\nCertificate of Registered Medical Practitioner Authorising Cremation\n\n**Note 1:**\n\nIn accordance with section 138 of the **Cemeteries and Crematoria Act 2003** this form must be signed by a registered medical practitioner who is not the registered medical practitioner who completed the notice under section 37(2) of the **Births, Deaths and Marriages Registration Act 1996** in respect of the death of the deceased person who is to be cremated.\n\n**Note 2:**\n\nThis form is not required for the cremation of a still‑born child.\n\n**The deceased person**\n\nFull name:\n\nSex: [**tick appropriate box*]\n\n🞏 Male 🞏 Female 🞏 Other 🞏 Don't know/prefer not to say\n\nDate of birth:\n\nDate of death:\n\nPlace of death:\n\n**Certificate**\n\nI, [*name of registered medical practitioner*], of [*address of registered medical practitioner*], certify that:\n\n1. I am a currently registered medical practitioner under the Health Practitioner Regulation National Law.\n\n2. I have carefully read the statements contained in the Application for cremation authorisation relating to the deceased person, signed by [*applicant for cremation authorisation*] and dated [*date of application for cremation authorisation*].\n\n3. I have examined the body of the deceased person.\n\n4. I have sighted a completed notice under section 37(2) of the **Births, Deaths and Marriages Registration Act 1996** in respect of the death of the deceased person who is to be cremated.\n\nAND I state that:\n\n1. I have made careful and independent inquiry into the circumstances surrounding the death of the deceased person.\n\n2. I agree with the cause of death as shown on the notice given under section 37(2) of the **Births, Deaths and Marriages Registration Act 1996**.\n\n3. In my opinion the death is not reportable or reviewable under the **Coroners Act 2008**.\n\n4. In my opinion, there is no circumstance concerning the death of the deceased person that might necessitate further examination of the body before it is cremated, or which could, in my opinion, make exhumation of the body necessary at any time in the future.\n\n5. In my opinion there is no reason why the cremation should not proceed.\n\n6. Apart from any fee payable for the provision of this certificate, I have not acquired and do not anticipate acquiring directly or indirectly any property or pecuniary or other benefit of any description by reason of the death of the deceased person.\n\n7. I am not in partnership with, nor will I derive any professional remuneration from, any registered medical practitioner who professionally attended the deceased person.\n\n*I authorise the cremation of the deceased person.\n\n*I refuse to authorise the cremation of the deceased person on the grounds that: [*specify* *reasons*]\n\n(**Delete if not applicable*.)\n\nFull name:\n\nStreet Address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nMedical practitioner registration number:\n\n**WARNING**\n\nUnder section 140 of the **Cemeteries and Crematoria Act 2003** it is an offence to make a false statement in a certificate of a registered medical practitioner authorising cremation, punishable by a fine of up to 600 penalty units or 5 years imprisonment or both.\n\nSignature of medical practitioner: Date:\n\nSch. 1 Form 7 amended by S.R. No. 114/2025 reg. 18.\n\nForm 7\n\nRegulation 28\n\n**Cemeteries and Crematoria Act 2003**\n\nCemeteries and Crematoria Regulations 2025\n\nApplication for Cremation authority—body parts (EXCLUDING foetal remains)\n\n**Prescribed information**\n\nThe person supplying the information in this section must be a person listed in section 151(3)(a) to (c) of the **Cemeteries and Crematoria Act 2003** or regulation 21(a) to (e) of the Cemeteries and Crematoria Regulations 2025.\n\nFull name of the person to whom the body parts belonged:\n\nDescription of the body parts to be cremated:\n\n**Details of person supplying the prescribed information**\n\nIs the person supplying the prescribed information the applicant for cremation authority? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf no, provide the details of person supplying the prescribed information:\n\nFull name:\n\nEntity name (if any): [*e.g. hospital, school of anatomy, tissue bank*]\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nSelect the class of prescribed person listed in section 151(3)(a) to (c) of the **Cemeteries and Crematoria Act 2003** or regulation 21(a) to (e) of the Cemeteries and Crematoria Regulations 2025 to which the person belongs: [**tick appropriate box*]\n\n🞏 registered medical practitioner who treated the person to whom the body parts belonged\n\n🞏 registered medical practitioner of the hospital where the person to whom the body parts belonged was treated\n\n🞏 coroner\n\n🞏 inspector of a school of anatomy\n\n🞏 head of school of anatomy\n\n🞏 the Secretary\n\n🞏 authorised representative of a tissue bank\n\n🞏 the Victorian Institute of Forensic Medicine\n\nSignature of person supplying prescribed information (if not the applicant):\n\nDate:\n\n**Person to whom the body parts belonged**\n\nSex: [**tick appropriate box*]\n\n🞏 Male 🞏 Female 🞏 Other 🞏 Don't know/prefer not to say\n\nDate of birth:\n\nDate of death (if applicable):\n\nLast known permanent street address:\n\nSuburb/town/city: State: Postcode:\n\n**Place of cremation**\n\nName of crematorium:\n\n**Cremation and funeral arrangements**\n\nDetails of the funeral director or the person arranging for the cremation and the funeral service (if any):\n\nCompany name (if any):\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nType of coffin, casket, container or receptacle: [**tick appropriate box*]\n\n Coffin  Casket  Other: [*describe container or receptacle*]\n\nDimensions of coffin, casket, container or receptacle:  \nLength: Width: Depth:\n\nMaterial of which coffin, casket, container or receptacle is constructed: [*specify, e.g. wood*]\n\nServices (if any) being conducted: [**tick appropriate box(es)*]\n\n🞏 Funeral service at a venue within the cemetery prior to cremation\n\n🞏 Funeral service at a location outside the cemetery prior to arrival at the cemetery for cremation\n\n🞏 Funeral service at the crematorium to witness the commencement of the cremation\n\n🞏 Viewing at the crematorium prior to the cremation\n\n🞏 No funeral service prior to cremation (no attendance)\n\nDate and time of funeral service (if any):\n\nDate and time of cremation:\n\nCultural requirements post cremation (e.g. bone sort):\n\nOther requirements:\n\n**Applicant's details**\n\nFull name of applicant:\n\nIf the applicant is not a natural person, the name of the contact person for the applicant:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nRelationship to the person to whom the body parts belonged:\n\n**Cremated remains**\n\nFollowing cremation, the cremated remains are to be: [**tick appropriate box(es)*]\n\n🞏 Interred at: [*specify cemetery*]\n\n**Note:** The cemetery trust must authorise the interment of cremated human remains: see section 141 of the **Cemeteries and Crematoria Act 2003**.\n\n🞏 Collected by:\n\n🞏 Funeral director\n\n🞏 Applicant\n\n🞏 Applicant's agent [*complete* ***Agent's details*** *section below*]\n\n🞏 Held at crematorium (for up to 12 months after the cremation)\n\n**Note:** Cemetery trusts are required to hold the cremated remains for at least 12 months after the cremation. Following the expiry of the 12 month period, the cemetery trust may dispose of the cremated remains in any way that it considers appropriate.\n\n🞏 Other: [*please* *specify, e.g. to be posted, urgent collection within 24 hours*]\n\n**Agent's details**\n\nIf you would like to nominate an agent to collect the cremated remains, please provide the following details:\n\nFull name of agent:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\n**Statement by funeral director or person arranging the cremation**\n\nThis section is to be completed by the funeral director or the person who is arranging for the cremation of the body parts.\n\nPlease select one option:\n\n🞏 The body parts contain no pacemaker or battery‑powered device.\n\n🞏 I have arranged for the pacemaker or other battery‑powered device to be removed from the body parts.\n\n🞏 The pacemaker or other battery‑powered device has not been removed from the body parts as this is not required by the cemetery trust.\n\nSignature of funeral director/person arranging cremation: Date:\n\nSignature of applicant: Date:\n\nSch. 1 Form 8 amended by S.R. No. 114/2025 reg. 19.\n\nForm 8\n\nRegulation 29\n\n**Cemeteries and Crematoria Act 2003**\n\nCemeteries and Crematoria Regulations 2025\n\nApplication for Cremation Authority—foetal remains which are not a still‑born child\n\n**Prescribed information**\n\nThe person supplying the information in this section must be a person listed in section 151(3)(a) to (c) of the **Cemeteries and Crematoria Act 2003** or regulation 21(a) to (f) of the Cemeteries and Crematoria Regulations 2025.\n\nFull name of the person who was pregnant with the foetus:\n\n**Details of person supplying the prescribed information**\n\nIs the person supplying the prescribed information the applicant for cremation authority? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf no, provide the details of person supplying the prescribed information:\n\nFull name:\n\nEntity name (if any): [*e.g. hospital, school of anatomy, tissue bank*]\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nSelect the class of prescribed person listed in section 151(3)(a) to (c) of the **Cemeteries and Crematoria Act 2003** or regulation 21(a) to (f) of the Cemeteries and Crematoria Regulations 2025 to which the person belongs: [**tick appropriate box*]\n\n🞏 registered medical practitioner who treated the person who was pregnant with the foetus\n\n🞏 registered medical practitioner of the hospital where the person who was pregnant with the foetus was treated\n\n🞏 coroner\n\n🞏 inspector of a school of anatomy\n\n🞏 head of school of anatomy\n\n🞏 the Secretary\n\n🞏 authorised representative of a tissue bank\n\n🞏 the Victorian Institute of Forensic Medicine\n\n🞏 the person who was pregnant with the foetus\n\nSignature of person supplying prescribed information (if not the applicant):\n\nDate:\n\n**Place of cremation**\n\nName of crematorium:\n\n**Cremation and funeral arrangements**\n\nDetails of the funeral director or the person arranging for the cremation and the funeral service (if any):\n\nCompany name (if any):\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nType of coffin, casket, container or receptacle: [**tick appropriate box*]\n\n Coffin  Casket  Other: [*describe container or receptacle*]\n\nDimensions of coffin, casket, container or receptacle:  \nLength: Width: Depth:\n\nMaterial of which coffin, casket, container or receptacle is constructed: [*specify, e.g. wood*]\n\nServices (if any) being conducted: [**tick appropriate box(es)*]\n\n🞏 Funeral service at a venue within the cemetery prior to cremation\n\n🞏 Funeral service at a location outside the cemetery prior to arrival at the cemetery for cremation\n\n🞏 Funeral service at the crematorium to witness the commencement of the cremation\n\n🞏 Viewing at the crematorium prior to the cremation\n\n🞏 No funeral service prior to cremation (no attendance)\n\nDate and time of funeral service (if any):\n\nDate and time of cremation:\n\nAdditional information regarding the foetal remains (optional):\n\nCultural requirements post cremation (e.g. bone sort):\n\nOther requirements:\n\n**Applicant's details**\n\nFull name of applicant:\n\nIf the applicant is not a natural person, the name of the contact person for the applicant:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\n**Cremated remains**\n\nFollowing cremation, the cremated remains are to be: [**tick appropriate box(es)*]\n\n🞏 Interred at: [*specify cemetery*]\n\n**Note:** The cemetery trust must authorise the interment of cremated human remains: see section 141 of the **Cemeteries and Crematoria Act 2003**.\n\n🞏 Collected by:\n\n🞏 Funeral director\n\n🞏 Applicant\n\n🞏 Applicant's agent [*complete* ***Agent's details*** *section below*]\n\n🞏 Held at crematorium (for up to 12 months after the cremation)\n\n**Note:** Cemetery trusts are required to hold the cremated remains for at least 12 months after the cremation. Following the expiry of the 12 month period, the cemetery trust may dispose of the cremated remains in any way that it considers appropriate.\n\n🞏 Other: [*please* *specify, e.g. to be posted, urgent collection within 24 hours*]\n\n**Agent's details**\n\nIf you would like to nominate an agent to collect the cremated remains, please provide the following details:\n\nFull name of agent:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nSignature of applicant: Date:\n\nForm 9\n\nRegulation 30\n\n**Cemeteries and Crematoria Act 2003**\n\nCemeteries and Crematoria Regulations 2025\n\nApplication for Cremation authorisation—  \nbodily remains with an identifier\n\n**The deceased person**\n\nIdentifier assigned to the deceased person:\n\nDescription of the bodily remains:\n\n**Place of cremation**\n\nName of crematorium:\n\n**Applicant's details**\n\nName of applicant:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nContact person for the applicant (if relevant):\n\n**Details of funeral director or person arranging for the cremation**\n\nIs the applicant arranging for the cremation of the bodily remains? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf yes, proceed to **Cremated remains**.\n\nIf no, provide details below of the funeral director or person arranging the cremation of the bodily remains on behalf of the applicant.\n\nCompany name (if any):\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\n**Cremated remains**\n\nFollowing cremation, the cremated remains are to be: [**tick appropriate box*]\n\n🞏 Interred at: [*specify cemetery*]\n\n**Note:** The cemetery trust must authorise the interment of cremated human remains: see section 141 of the **Cemeteries and Crematoria Act 2003**.\n\n🞏 Other: [*please specify*]\n\nType of place of interment: [*specify type, e.g. grave, vault, mausoleum crypt, wall niche, memorial plant, garden bed, lawn or plot*]\n\nLocation of place of interment: [*specify the location, e.g. section, row, grave number or other geographical locator*]\n\nDate of cremation:\n\n**Statement by funeral director or person arranging the cremation**\n\nThis section is to be completed by the funeral director or the person who is arranging for the cremation of the bodily remains.\n\nPlease select one option:\n\n🞏 The deceased person has no pacemaker or battery‑powered device.\n\n🞏 I have arranged for the deceased person's pacemaker or other battery‑powered device to be removed.\n\n🞏 The deceased person's pacemaker or other battery‑powered device has not been removed as the cemetery trust does not require its removal.\n\nSignature of funeral director/person arranging cremation: Date:\n\n**WARNING**\n\nUnder section 132 of the **Cemeteries and Crematoria Act 2003** it is an offence to make a false statement in an application for a cremation authorisation, punishable by a fine of up to 600 penalty units or 5 years imprisonment or both.\n\nSignature of applicant: Date:\n\nForm 10\n\nRegulation 31\n\n**Cemeteries and Crematoria Act 2003**\n\nCemeteries and Crematoria Regulations 2025\n\nApplication for Cremation authority—body parts with an identifier OR CONTAINER REFERENCE NUMBER\n\n**Prescribed information**\n\nThe person supplying the information in this section must be a person listed in section 151(3)(a) to (c) of the **Cemeteries and Crematoria Act 2003** or regulation 21(a) to (f) of the Cemeteries and Crematoria Regulations 2025.\n\n**Body parts**\n\nIdentifier or container reference number for the body parts:\n\nDescription of the body parts to be cremated:\n\n**Note:** The applicant should keep a record of the identifiers for all body parts and the names (if known) of the persons to whom the body parts belonged within a container.\n\n**Details of person supplying the prescribed information**\n\nIs the person supplying the prescribed information the applicant for cremation authority? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf no, provide the details of person supplying the prescribed information:\n\nFull name:\n\nEntity name (if any): [*e.g. hospital, school of anatomy, tissue bank*]\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nSelect the class of prescribed person listed in section 151(3)(a) to (c) of the **Cemeteries and Crematoria Act 2003** or regulation 21(a) to (f) of the Cemeteries and Crematoria Regulations 2025 to which the person belongs: [**tick appropriate box*]\n\n🞏 registered medical practitioner who treated the person to whom the body parts belonged\n\n🞏 registered medical practitioner of the hospital where the person to whom the body parts belonged was treated\n\n🞏 coroner\n\n🞏 inspector of a school of anatomy\n\n🞏 head of school of anatomy\n\n🞏 the Secretary\n\n🞏 authorised representative of a tissue bank\n\n🞏 the Victorian Institute of Forensic Medicine\n\n🞏 the person who was pregnant with the foetus\n\nSignature of person supplying prescribed information (if not the applicant):\n\nDate:\n\n**Place of cremation**\n\nName of crematorium:\n\n**Applicant's details**\n\nName of applicant:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nContact person for the applicant (if relevant):\n\n**Details of funeral director or person arranging for the cremation**\n\nIs the applicant arranging for the cremation of the body parts? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf yes, proceed to **Cremated remains**.\n\nIf no, provide details below of the funeral director or person arranging the cremation of the body parts on behalf of the applicant.\n\nCompany name (if any):\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\n**Cremated remains**\n\nFollowing cremation, the cremated remains are to be: [**tick appropriate box*]\n\n🞏 Interred at: [*specify cemetery*]\n\n**Note:** The cemetery trust must authorise the interment of cremated human remains: see section 141 of the **Cemeteries and Crematoria Act 2003**.\n\n🞏 Other: [*please specify*]\n\nType of place of interment: [*specify type, e.g. grave, vault, mausoleum crypt, wall niche, memorial plant, garden bed, lawn or plot*]\n\nLocation of place of interment: [*specify the location, e.g. section, row, grave number or other geographical locator*]\n\nDate of cremation:\n\n**Statement by funeral director or person arranging the cremation**\n\nThis section is to be completed by the funeral director or the person who is arranging for the cremation of the body parts.\n\nPlease select one option:\n\n🞏 The body parts contain no pacemaker or battery‑powered device.\n\n🞏 I have arranged for the pacemaker or other battery‑powered device to be removed from the body parts.\n\n🞏 The pacemaker or other battery‑powered device has not been removed from the body parts as this is not required by the cemetery trust.\n\nSignature of funeral director/person arranging cremation: Date:\n\nSignature of applicant: Date:\n\nSch. 1 Form 11 amended by S.R. No. 114/2025 reg. 20.\n\nForm 11\n\nRegulation 33\n\n**Cemeteries and Crematoria Act 2003**\n\nCemeteries and Crematoria Regulations 2025\n\nApplication TO SECRETARY for Exhumation Licence\n\n**The deceased person**\n\nFull name:\n\nSex: [**tick appropriate box*]\n\n🞏 Male 🞏 Female 🞏 Other 🞏 Don't know/prefer not to say\n\nDate of birth:\n\nDate of death:\n\n**Applicant's details**\n\nFull name of applicant:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nRelationship to deceased person:\n\n**Location of current interment**\n\nName of cemetery: [*for exhumations outside of a public cemetery, please provide property details including the address and the Certificate of Title folio and volume reference or Crown allotment details*]\n\nType of place of interment: [*specify type, e.g. grave, vault, mausoleum crypt*]\n\nLocation of place of interment: [*specify the location, e.g. section, row, grave number or other geographical locator*]\n\n**Attach** a statement from the cemetery trust, land owner or land manager stating:\n\n- whether there are any reasons why the exhumation cannot be accommodated at this time; and\n- for public cemeteries only, the name of the current holder(s) of the right of interment as recorded in the cemetery trust records; and\n- that the cemetery trust, land owner or land manager consents to the exhumation.\n\n\n**Details of the funeral director or other person engaged to assist at the exhumation**\n\nCompany name (if any):\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\n**Consent of holder(s) of right of interment**\n\nComplete this section **only** if the remains are to be exhumed from a place of interment in a **public cemetery**. If the remains are not being exhumed from a public cemetery, proceed to **Consent of nearest surviving relative(s) of the deceased person**.\n\nIs the applicant the holder of the right of interment for the place of interment from which the remains will be exhumed? [**tick appropriate box*]\n\n🞏 Yes, the sole holder of the right of interment [*Proceed to* ***Consent of nearest surviving relative(s) of the deceased person***]\n\n🞏 Yes, one of the holders of the right of interment\n\n🞏 No\n\nComplete this section in respect of each holder of the right of interment for the place of interment from which the remains will be exhumed (other than the applicant). Attach additional pages if necessary.\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nRelationship to deceased person:\n\nI consent to the application for an exhumation licence.\n\nSignature(s) of holder(s) of right of interment: Date:\n\nHave all holders of the right of interment been informed of this application? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf no, give reasons why all holders of the right of interment have not been informed:\n\nIf yes, do all holders of the right of interment consent to this application? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\n**Consent of nearest surviving relative(s) of the deceased person**\n\nIs the applicant the nearest surviving relative of the deceased person? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf yes, proceed to **Notification of other surviving relatives**.\n\nIf no, indicate below only the **first** listed category in which there is a nearest surviving relative of the deceased person: [**tick appropriate box*]\n\n🞏 spouse or domestic partner of the deceased person at the time of death\n\n🞏 child or stepchild aged 18 years or over\n\n🞏 parent\n\n🞏 sibling aged 18 years or over\n\n🞏 grandparent\n\n🞏 grandchild aged 18 years or over\n\n🞏 parent's sibling aged 18 years or over\n\n🞏 sibling's child aged 18 years or over\n\nComplete this section in respect of each nearest surviving relative of the deceased person in the indicated first listed category in which there is a nearest surviving relative of the deceased person (other than the applicant). Attach additional pages if necessary.\n\nFull name:\n\nI consent to the exhumation of the remains of the deceased person.\n\nSignature: Date:\n\n**Notification of other surviving relatives**\n\nHave all other surviving relatives of the deceased person in the following categories been informed of this application? [**tick appropriate box*]\n\n- spouse or domestic partner of the deceased person at the time of death\n- child or stepchild aged 18 years or over\n- parent\n- sibling aged 18 years or over\n\n\n🞏 Yes 🞏 No\n\nIf no, give reasons why all other surviving relatives of the deceased person have not been informed:\n\nIf yes, has any surviving relative(s) of the deceased person objected to this application? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nHas the parent or guardian of any minor child (including stepchild) or minor sibling of the deceased person been informed of this application? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf no, give reasons why the parent or guardian of the minor child or sibling has not been informed:\n\nIf yes, has the parent or guardian of the minor child or sibling objected to this application? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nAre you aware of any objection to this application by any other surviving relative of the deceased person in any of the following categories? [**tick appropriate box*]\n\n- grandparent\n- grandchild aged 18 years or over\n- parent's sibling aged 18 years or over\n- sibling's child aged 18 years or over\n- any other surviving relative not otherwise listed in this form\n\n\n**Disposition of the remains after exhumation**\n\nWhat will happen to the remains after exhumation? [**select one option only*]:\n\n🞏 Re‑interred in Victoria at: [*state name of cemetery*]\n\n**Note:** Authorisation is required to re‑inter the remains.\n\n🞏 Cremated in Victoria at: [*specify crematorium*]\n\n**Note:** Authorisation is required to cremate the remains.\n\n🞏 Transportation interstate/other location within Australia\n\n🞏 Transportation internationally\n\n**Details of executor of the deceased person's estate**\n\nDid the deceased person leave a will? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf the executor is a natural person, is the executor alive? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf yes, the following section is to be completed by the executor of the deceased person's estate:\n\nFull name:\n\nStreet address:\n\nSuburb/town/city: State: Postcode:\n\nTelephone number(s):\n\nEmail:\n\nDoes the will or any other document contain instructions as to the disposal of the remains of the deceased? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nIf yes, provide evidence and attach copies of any relevant documentation, e.g. the will. Are any documents attached to this application? [**tick appropriate box*]\n\n🞏 Yes 🞏 No\n\nSignature of executor: Date:\n\n**Information accompanying application**\n\nThe following document accompanies this application in accordance with section 156(3) of the **Cemeteries and Crematoria Act 2003**:  [**tick appropriate box*]\n\n🞏 certificate issued under section 46 of the **Births, Deaths and Marriages Registration Act 1996**;\n\n🞏 copy of order made by a coroner under section 47 of the **Coroners Act 2008** *(coroner's order)*\n\n🞏 if the deceased person died outside Victoria, a document corresponding to a notice under section 37(2) of the **Births, Deaths and Marriages Registration Act 1996** from the jurisdiction where the deceased person died *(notice of death by treating doctor—other jurisdiction)*\n\n🞏 notice of still‑birth under the **Births, Deaths and Marriages Registration Act 1996** *(notice of still‑birth)*\n\n🞏 if the still‑birth occurred outside Victoria, a document corresponding to a notice of still‑birth under the **Births, Deaths and Marriages Registration Act 1996** from the jurisdiction where the still‑birth occurred *(notice of still‑birth—other jurisdiction)*\n\n🞏 statutory declaration made by the person arranging the interment stating that, owing to special circumstances, it is not possible to produce one of the documents referred to above.\n\n**WARNING**\n\nUnder section 158A of the **Cemeteries and Crematoria Act 2003** it is an offence to knowingly make a false statement in an application for an exhumation licence, punishable by a fine of up to 240 penalty units or 2 years imprisonment or both.\n\nSignature of applicant: Date:\n\n","sortOrder":49},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Model Rules","content":"Schedule 2—Model Rules\n\nRegulation 60\n\nMODEL RULES\n\n","sortOrder":50},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n\t1 Objective\n\nThe objective of these model rules is to provide for the general care, protection and management of a public cemetery by a cemetery trust if the cemetery trust has not made cemetery trust rules.\n\n\t2 Authorising provisions\n\nThese model rules are made under sections 25 and 180 of the **Cemeteries and Crematoria Act 2003**.\n\n\t3 Definitions\n\nIn these Rules—\n\n***animal*** does not include an assistance animal within the meaning of section 9(2) of the Disability Discrimination Act 1992 of the Commonwealth;\n\n***cemetery*** means a public cemetery for which a cemetery trust is responsible;\n\n***the Act*** means the **Cemeteries and Crematoria Act 2003**.\n\n","sortOrder":51},{"sectionNumber":"Part 2","sectionType":"part","heading":"General","content":"Part 2—General\n\n","sortOrder":52},{"sectionNumber":"4","sectionType":"section","heading":"Cemetery trust may approve certain activities","content":"\t4 Cemetery trust may approve certain activities\n\n(1) A cemetery trust may approve the carrying out of an activity referred to in rules 5, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17 and 18 by a person or class of persons in a cemetery if the cemetery trust is satisfied that it is not inconsistent with the care, protection or management of the cemetery.\n\n(2) An approval under subrule (1)—\n\n(a) must be in writing; and\n\n(b) may be subject to any terms and conditions that the cemetery trust considers reasonable to impose in the circumstances; and\n\n(c) for an approval for a class of persons, must be made available on request by any person and either—\n\n(i) published on the website of the cemetery trust; or\n\n(ii) prominently displayed within the cemetery.\n\n","sortOrder":53},{"sectionNumber":"Part 3","sectionType":"part","heading":"Memorials and places of interment","content":"Part 3—Memorials and places of interment\n\n","sortOrder":54},{"sectionNumber":"5","sectionType":"section","heading":"Approval to place certain objects, things or items on memorial or place of interment","content":"\t5 Approval to place certain objects, things or items on memorial or place of interment\n\nA person must not, without the prior approval of a cemetery trust in accordance with rule 4, place the following objects, things or items on a memorial or place of interment—\n\n(a) ceramic or glass objects, things or items that are fragile or breakable;\n\n(b) metal objects, things or items that are likely to rust or deteriorate.\n\n","sortOrder":55},{"sectionNumber":"6","sectionType":"section","heading":"Objects, things or items likely to cause harm","content":"\t6 Objects, things or items likely to cause harm\n\nA person must not place any object, thing or item likely to cause a risk to health or safety on a memorial or place of interment.\n\n","sortOrder":56},{"sectionNumber":"7","sectionType":"section","heading":"Objects, things or items must remain within boundaries","content":"\t7 Objects, things or items must remain within boundaries\n\nA person placing an object, thing or item on a memorial or place of interment must ensure, unless the person has the prior approval of the cemetery trust in accordance with rule 4, that the object, thing or item does not extend beyond the boundaries of the memorial or place of interment.\n\n","sortOrder":57},{"sectionNumber":"Part 4","sectionType":"part","heading":"Works on memorials, places of interment and buildings for ceremonies","content":"Part 4—Works on memorials, places of interment and buildings for ceremonies\n\n","sortOrder":58},{"sectionNumber":"8","sectionType":"section","heading":"Works on memorials, places of interment and buildings for ceremonies","content":"\t8 Works on memorials, places of interment and buildings for ceremonies\n\nA person responsible for carrying out work on a memorial, place of interment or building for ceremonies in a cemetery must ensure, unless the person has the prior approval of the cemetery trust in accordance with rule 4, that all materials to be used in that work are, so far as practicable, prepared off‑site.\n\n","sortOrder":59},{"sectionNumber":"Part 5","sectionType":"part","heading":"Activities on land in a cemetery","content":"Part 5—Activities on land in a cemetery\n\n","sortOrder":60},{"sectionNumber":"9","sectionType":"section","heading":"Entry of animals into a cemetery","content":"\t9 Entry of animals into a cemetery\n\nA person must not, without the prior approval of the cemetery trust in accordance with rule 4, allow any animal other than a dog to enter into or remain in a cemetery.\n\n1. 10 penalty units.\n\n\n","sortOrder":61},{"sectionNumber":"10","sectionType":"section","heading":"Control of animals in a cemetery","content":"\t10 Control of animals in a cemetery\n\n(1) A person who brings a dog or, in accordance with the approval of the cemetery trust, another animal into a cemetery must at all times keep that animal—\n\n(a) leashed or otherwise suitably restrained or contained; and\n\n(b) under the effective control of the person—\n\nunless the person has the prior approval of the cemetery trust in accordance with rule 4.\n\nPenalty: 10 penalty units.\n\n(2) A person who brings a dog or, in accordance with the prior approval of the cemetery trust, another animal into a cemetery must dispose of any excrement produced by that animal.\n\n1. 10 penalty units.\n\n\n(3) A person who brings a dog or, in accordance with the prior approval of the cemetery trust, another animal into a cemetery must prevent the animal—\n\n(a) drinking from or entering into any water feature in the cemetery; or\n\n(b) from causing—\n\n(i) a disturbance or annoyance to any other person in the cemetery; or\n\n(ii) damage to flora; or\n\n(c) from disturbing or endangering fauna, unless the person has the prior approval of the cemetery trust in accordance with rule 4.\n\nPenalty: 10 penalty units.\n\n","sortOrder":62},{"sectionNumber":"11","sectionType":"section","heading":"Offences relating to constructing or digging in a cemetery","content":"\t11 Offences relating to constructing or digging in a cemetery\n\n(1) A person, other than a person specified in subrule (3), must not construct or erect any building, structure, enclosure or fence, whether permanent or temporary in a cemetery—\n\n(a) without the prior approval of the cemetery trust in accordance with rule 4; or\n\n(b) unless authorised to do so under the Act.\n\nPenalty: 10 penalty units.\n\n(2) A person, other than a person specified in subrule (3), must not dig or excavate any trench, pit or hole, whether permanent or temporary, in a cemetery—\n\n(a) without the prior approval of the cemetery trust in accordance with rule 4; or\n\n(b) unless authorised to do so under the Act.\n\nPenalty: 10 penalty units.\n\n(3) For the purposes of subrules (1) and (2), the following persons are specified—\n\n(a) the cemetery trust when carrying out its functions;\n\n(b) an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;\n\n(c) a volunteer or other person authorised by the cemetery trust to carry out a function in the cemetery when acting in accordance with that authorisation.\n\n","sortOrder":63},{"sectionNumber":"12","sectionType":"section","heading":"Offence to disturb or demolish cemetery trust property","content":"\t12 Offence to disturb or demolish cemetery trust property\n\n(1) A person, other than a person specified in subrule (2), must not disturb or demolish any cemetery trust property, including buildings, structures, fences or roads without the prior approval of the cemetery trust in accordance with rule 4.\n\nPenalty: 10 penalty units.\n\n(2) For the purposes of subrule (1), the following persons are specified—\n\n(a) the cemetery trust when carrying out its functions;\n\n(b) an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;\n\n(c) a volunteer or other person authorised by the cemetery trust to carry out a function in the cemetery when acting in accordance with that authorisation.\n\n","sortOrder":64},{"sectionNumber":"13","sectionType":"section","heading":"Offence relating to plants in a cemetery","content":"\t13 Offence relating to plants in a cemetery\n\n(1) A person, other than a person specified in subrule (2), must not plant, remove, pick, prune, decorate or damage any plant, flower, shrub or tree in a cemetery without the prior approval of the cemetery trust in accordance with rule 4.\n\nPenalty: 10 penalty units.\n\n(2) For the purposes of subrule (1), the following persons are specified—\n\n(a) the cemetery trust when carrying out its functions;\n\n(b) an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;\n\n(c) a volunteer or other person authorised by the cemetery trust to carry out a function in the cemetery when acting in accordance with that authorisation.\n\n","sortOrder":65},{"sectionNumber":"14","sectionType":"section","heading":"Obstruction of the exercise of the powers or functions of a cemetery trust","content":"\t14 Obstruction of the exercise of the powers or functions of a cemetery trust\n\nA person must not obstruct a member, officer, employee, delegate or agent of a cemetery trust in the exercise of the powers or functions of that member, officer, employee, delegate or agent.\n\nPenalty: 10 penalty units.\n\n","sortOrder":66},{"sectionNumber":"15","sectionType":"section","heading":"Offence to play sport in a cemetery","content":"\t15 Offence to play sport in a cemetery\n\nA person must not, without the prior approval of the cemetery trust in accordance with rule 4, engage in a sport or play a game involving physical activity in a cemetery.\n\nPenalty: 10 penalty units.\n\n","sortOrder":67},{"sectionNumber":"16","sectionType":"section","heading":"Offence to fish, swim or bathe in a cemetery","content":"\t16 Offence to fish, swim or bathe in a cemetery\n\n(1) A person, other than a person specified in subrule (2), must not fish, swim or bathe in a body of water in a cemetery without the prior approval of the cemetery trust in accordance with rule 4.\n\nPenalty: 10 penalty units.\n\n(2) For the purposes of subrule (1), the following persons are specified—\n\n(a) the cemetery trust when carrying out its functions;\n\n(b) an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;\n\n(c) a volunteer or other person authorised by the cemetery trust to carry out a function in the cemetery when acting in accordance with that authorisation.\n\n","sortOrder":68},{"sectionNumber":"17","sectionType":"section","heading":"Offence to hunt in a cemetery","content":"\t17 Offence to hunt in a cemetery\n\n(1) A person, other than a person specified in subrule (2), must not hunt or set up snares, traps or poisons in a cemetery without the prior approval of the cemetery trust in accordance with rule 4.\n\nPenalty: 10 penalty units.\n\n(2) For the purposes of subrule (1), the following persons are specified—\n\n(a) the cemetery trust when carrying out its functions;\n\n(b) an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;\n\n(c) a volunteer or other person authorised by the cemetery trust to carry out a function in the cemetery when acting in accordance with that authorisation.\n\n","sortOrder":69},{"sectionNumber":"18","sectionType":"section","heading":"Offence to camp in a cemetery","content":"\t18 Offence to camp in a cemetery\n\nA person must not camp in a cemetery without the prior approval of the cemetery trust in accordance with rule 4.\n\nPenalty: 10 penalty units.\n\n═════════════\n\nEndnotes\n\n","sortOrder":70},{"sectionNumber":"1","sectionType":"section","heading":"General information","content":"1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Cemeteries and Crematoria Regulations 2025, S.R. No. 46/2025 were made on 11 June 2025 by the Governor in Council under section 180 of the **Cemeteries and Crematoria Act 2003**, No. 80/2023 and came into operation on 15 June 2025: regulation 3.\n\nThe Cemeteries and Crematoria Regulations 2025 will sunset 10 years after the day of making on 11 June 2035 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n","sortOrder":71},{"sectionNumber":"2","sectionType":"section","heading":"Table of Amendments","content":"2 Table of Amendments\n\nThis publication incorporates amendments made to the Cemeteries and Crematoria Regulations 2025 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nCemeteries and Crematoria Amendment Regulations 2025, S.R. No. 114/2025\n\n| *Date of Making:* | 28.10.25 |\n| --- | --- |\n| *Date of Commencement:* | 28.10.25 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n","sortOrder":72},{"sectionNumber":"3","sectionType":"section","heading":"Explanatory details","content":"3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 59/2015 as amended by S.R. Nos 115/2015 and 71/2020. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 115/2015. [↑](#endnote-ref-2)\n\n3. Reg. 4(c): S.R. No. 71/2020.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-3)","sortOrder":73}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":710},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose under the Cemeteries and Crematoria Act 2003. The detailed prescription of forms, records, and procedures aligns with the stated objectives of regulating public cemeteries and prescribing matters for the Act. The 2025 version updates and consolidates previous regulations without apparent scope creep."},"complexity_factors":["60 regulations across 6 Parts with multiple Divisions","11 different application forms in Schedule 1, each with extensive fields and conditional sections","Nested exceptions: different rules for bodily remains vs body parts vs foetal remains, then further split by whether cremated or not, then by whether identifier assigned","Cross-references to at least 5 other Acts (Cemeteries and Crematoria Act 2003, Health Records Act 2001, Human Tissue Act 1982, Victorian Institute of Forensic Medicine Act 1985, Births Deaths and Marriages Registration Act 1996, Coroners Act 2008)","Hierarchical definitions: 'nearest surviving relative' has 7 ranked categories","Multiple amendment references (S.R. No. 114/2025) showing evolving text","Model rules in Schedule 2 create parallel regulatory structure"],"plain_english_summary":"These regulations govern how public cemeteries and crematoria operate in Victoria, replacing the 2015 regulations. They set out detailed rules for:\n\n**What records cemetery trusts must keep**\n- Comprehensive information about burials, cremations, and rights of interment (the legal right to be buried in a particular spot)\n- Different rules apply depending on whether remains are whole bodies, body parts, or foetal remains, and whether they've been cremated\n- Special procedures when remains are identified only by a medical \"identifier\" rather than name\n\n**How to apply for burials and cremations**\n- Multiple forms required depending on the type of remains and situation\n- Medical certificates needed from doctors who didn't treat the deceased (to prevent conflicts of interest)\n- Special rules for body parts from medical procedures, schools of anatomy, or tissue banks\n- Foetal remains can be buried or cremated with consent from the person who was pregnant\n\n**Physical requirements for burials and cremations**\n- Minimum burial depths (750mm for unsealed graves, 400mm with sealed caps)\n- Coffins must be clean, sturdy, and properly labelled\n- Mausoleums must last 100+ years and be vermin-proof\n- Cremation containers must be combustible and not damage equipment\n\n**Managing cremated remains**\n- Cemetery trusts must hold ashes for 12 months before disposal\n- Remains can only be released to specific people: the applicant, their agent, or nearest surviving relatives\n- After 12 months, trusts can bury ashes in cemetery grounds or dispose of them\n\n**Running public cemeteries**\n- Cemetery trusts can set rules about fires, vehicles, animals, and behaviour\n- No unsolicited marketing of funeral services\n- Trusts must tell buyers that other memorial suppliers exist\n- Model rules provided for cemeteries without their own\n\n**Penalties**\n- Most offences carry 10 penalty units (roughly $2,035)\n- False statements on applications can attract up to 600 penalty units or 5 years prison"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Regulations remain within the original, stated purpose (to regulate public cemeteries and crematoria, prescribe forms and fees, and provide associated matters) as set out in reg 1. This version consolidates and updates operational detail (more prescriptive recordkeeping, additional labelling and container rules, explicit model rules, a prohibition on unsolicited commercial contact, and disposal/holding rules for cremated remains) but does not expand the core regulatory scope beyond the Act's mandate. The amendments increase specificity and administrative reach (more duties and discretionary powers for cemetery trusts), but these are implementation‑level changes rather than a substantive shift in policy scope."},"complexity_factors":["Extensive table of contents with 60 regulations plus 2 Schedules (forms and model rules)","At least 11 prescribed forms in Schedule 1 (Forms 1–11) with detailed fields","Multiple defined terms with cross‑references to other Acts (Health Records Act 2001, Human Tissue Act 1982, Coroners Act 2008, Births, Deaths and Marriages Registration Act 1996) (reg 5 and throughout)","Numerous conditional clauses and exceptions (eg. multiple regs that \"do not apply if an identifier or container reference number is assigned\" — regs 9(2), 10(2), 11(2), 13(2), 14(2), 15(2))","Nested subregulations with penalties attached (varied penalty unit amounts across many regs)","Significant trust discretion where outcomes depend on decisions labelled \"may\" or \"as the cemetery trust considers appropriate\" (eg regs 43, 44, 45, 48, 56, 47(3))","Technical prescriptive requirements (burial depths, sealed caps, mausoleum life/design standards) that interact with historical exceptions (reg 36(2)–(3))","Cross‑referencing to the principal Act (Cemeteries and Crematoria Act 2003) for authority and to define when forms/applications are required (eg regs 6, 22, 26, 33)","Model rules provided as a default regime (Schedule 2) with multiple operational offences and exceptions (eg animal rules, works, conduct, use of vehicles)","Incorporation of amendment history and fee/penalty unit indexing (endnotes; fee units and penalty units references)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Sets out detailed recordkeeping requirements that cemetery trusts must keep about interments, cremations, places of interment and rights of interment (see Parts 2 and regs 6–20).  The Regulations specify exactly what items of information must be recorded (for example: name, dates, place, identifier or container reference numbers, date of cremation or interment and any exhumation details) and when the simpler or more detailed record applies (eg. where an identifier or container reference number is used) (regs 6–20).\n\n- Prescribes who may supply certain medical or identity information to support applications (including medical practitioners, coroners, hospital officers, inspectors of schools of anatomy, tissue bank representatives, the Victorian Institute of Forensic Medicine and, in the case of non still‑born foetal remains, the pregnant person) (reg 21).\n\n- Prescribes the forms to be used for applications for interment, cremation, exhumation and related authorisations and the information those forms must contain (Schedule 1, Forms 1–11; regs 22–33).  It also prescribes the exhumation fee (12 fee units) (reg 33(2)).\n\n- Imposes technical and hygiene standards for coffins, caskets, containers and receptacles used for burial and cremation (including combustible material requirements, flat bases for cremation receptacles, labelling and prohibition on emissions) and gives cemetery trusts powers to inspect and remove fittings that could impede cremation (regs 34–45).\n\n- Regulates mausoleum construction and use (design life, materials, ventilation/drainage, sealing of crypts) and burial depth/sealing requirements for graves (regs 36–40; reg 38 imposes a 100‑year design life standard for mausolea).\n\n- Provides rules for handling, release, storage and disposal of cremated human remains (eg. release only to authorised persons, 2‑day availability for collection, minimum 12‑month holding period and cemetery trust discretion on disposal if unclaimed) (regs 46–47).\n\n- Sets operational and behavioural rules inside public cemeteries (approvals for activities, hours of opening, vehicle use, use of fire, conduct at funerals, removal of items from graves, inspection rights, prohibitions on unsolicited commercial marketing in cemeteries, requirements for cemetery trusts to inform buyers that alternative memorial suppliers exist) and prescribes model rules that a trust can adopt or use as default (Part 6, regs 48–60 and Schedule 2).  It also specifies penalties for contraventions (various regs).\n\n- Revokes the earlier 2015/2020 regulations and consolidates amendments (reg 4 and endnotes).\n\n**Who is affected**\n\n- Cemetery trusts: primary duties to keep prescribed records, inspect and manage interments/cremations, enforce depth/sealing and mausoleum standards, hold and dispose of cremated remains, approve activities, publish approvals for classes, remove unsafe or prohibited items and adopt model rules where they have not made rules (many provisions across Parts 2–6).\n\n- Funeral directors and persons arranging interments/cremations: obligations on labelling, container construction, supplying information on applications/forms, giving certain statements (eg removal of pacemakers) and compliance with cemetery trust directions (regs 34–45; Schedule 1 forms).\n\n- Health institutions, coroners, schools of anatomy, tissue banks and the Victorian Institute of Forensic Medicine: prescribed as authorised sources of information in applications and records (reg 21 and multiple forms).\n\n- Families, applicants and holders of rights of interment: detailed requirements for consent, transfer, surrender, renewal and records about rights of interment; specified notification and consent requirements for exhumation applications (regs 16, 33 and Schedule 1 Forms).\n\n- Commercial vendors and memorial suppliers: restricted from unsolicited marketing within cemeteries (reg 49); cemetery trusts that sell memorials must disclose that alternative suppliers exist (reg 50).\n\n- General public and cemetery visitors: subject to behavioural and vehicle use rules, opening hours and prohibitions on activities like camping, sports or lighting fires without approval (Part 6 and Schedule 2 model rules).\n\n**Why it matters — stated purpose and practical effects**\n\n- Stated purpose: the Regulations implement the Cemeteries and Crematoria Act by regulating public cemeteries and crematoria, prescribing the required forms, fees and related matters (reg 1).\n\n- Practical effects and operational mechanics (tested against costs, incentives and trade‑offs):\n  - Recordkeeping and compliance: the Regulations are highly prescriptive about what must be recorded and what must be supplied on forms (regs 6–20; Schedule 1). That increases administrative burden on cemetery trusts, funeral directors and medical/forensic providers who must supply supporting information. The source’s aim (clear, auditable records to prevent misidentification and to document rights/dispositions) is reflected in the specificity of the prescribed fields (for example, identifiers and container reference numbers are handled separately in regs 17–20 and regs 30–31).\n  - Public health and cremation safety: technical standards for containers (combustible material, flat base, no noxious emissions) and powers to inspect and remove fittings (regs 41, 43–44) are designed to protect crematoria equipment and public health; the trade‑off is time and cost for funeral directors to meet standards and for cemetery trusts to carry out inspections.\n  - Asset and liability management for cemetery trusts: trustees gain clear powers to hold, inter or dispose of unclaimed cremated remains after a 12‑month period (reg 47), and to dispose of non‑human substances recovered from cremators (reg 45). This reduces indefinite storage obligations for trusts but gives them discretionary authority over disposal methods (implementation risk: families may dispute disposal choices and the Regulations place notification and waiting duties on trusts — see reg 47(4)).\n  - Protection of property and rights of interment: the Regulations require trusts to record transfers, cancellations, surrenders and conditions attaching to rights of interment (reg 16). That clarifies title‑related information, but imposes recordkeeping costs on trusts and record‑maintenance duties where rights are renewed or varied.\n  - Limits on commercial solicitation inside cemeteries (reg 49) reduce unsolicited vendor contact to visitors (a consumer‑protection feature), while reg 50 requires trusts to inform buyers that alternative memorial suppliers exist (an information‑disclosure requirement). These two rules together change the marketing environment in cemeteries: they constrain outreach by vendors but preserve purchaser choice via disclosure. Compliance monitoring will fall to trusts (reg 48–50).\n  - Bureaucratic discretion and conditionality: the Regulations give cemetery trusts significant discretion to approve activities, impose conditions and remove items (regs 48, 56). That concentrates decision‑making at the trust level and creates potential variability between cemeteries in how rules are applied (implementation risk and administrative cost due to need for published approvals for classes — reg 48(2)(c)).\n\n**Costs, incentives and likely behavioural effects (mechanisms, not value judgments)**\n\n- Who pays: increased administrative and compliance costs will fall primarily on cemetery trusts and funeral directors (recordkeeping, inspections, container standards, labelling). These costs are likely to be recovered through user fees or operating budgets (the Regulations reference fee units and penalties; see endnotes and reg 33(2)).\n\n- Incentives created: mandatory labelling and identifiers reduce the risk of mis‑placement and create an incentive to use identifier/container systems where available (regs 9–11, 17–20). The 12‑month holding rule for cremated remains (reg 47) incentivises families to collect remains promptly; it also incentivises trusts to manage storage and, where necessary, dispose of unclaimed remains.\n\n- Trade‑offs and opportunity costs: the Regulations prioritise public health, record integrity and cemetery management over minimal administrative burden. The opportunity cost for cemetery trusts is time/expense spent on compliance activities (inspections, records management and approvals) that could otherwise be deployed to grounds maintenance or other services.\n\n- Implementation risks: cross‑jurisdictional deaths and identifiers (the Regulations cross‑reference other Acts — eg. Health Records Act 2001, Human Tissue Act 1982, Births, Deaths and Marriages Registration Act 1996 and Coroners Act 2008) create practical complexity when documents come from other jurisdictions (many forms include alternative documents for deaths outside Victoria). The Regulations also leave some disposal and approval decisions to the discretion of trusts (regs 45, 48, 56), which may create inconsistency between cemeteries.\n\n**Notable specific mechanisms to watch (with references)**\n\n- Different recording regimes depending on whether an identifier or container reference number is used; some record prescriptions do not apply where identifiers exist (regs 9(2), 10(2), 11(2), 13(2), 14(2), 15(2)).\n- Trust power to remove items from graves and to dispose of unclaimed items or poor‑condition flowers (reg 56).\n- Discretion to dispose of recovered metals/non‑human substances from cremators in any manner the trust considers appropriate (reg 45).\n- Detailed consent and notification rules for exhumation applications, including required attachments and consent of right‑holders (reg 33 and Form 11).\n\n**Bottom line (mechanical outcomes)**\n\nThese Regulations operationalise the Act by prescribing granular administrative, technical and behavioural rules for cemeteries and crematoria: they standardise recordkeeping and forms, set safety and construction standards, allocate powers and duties to cemetery trusts, limit unsolicited commercial activity in cemeteries and prescribe penalties and fees for enforcement. The result is a detailed compliance regime that clarifies responsibilities but increases administrative duties for trusts, funeral service providers and supporting medical/forensic organisations."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of these regulations changed from the original drafting intent. The document as supplied contains only version history information and document structure metadata, with no substantive regulatory provisions available for analysis."},"complexity_factors":["Insufficient legislative content provided — only version metadata and document headers were included, preventing substantive analysis","Regulations of this type typically involve moderate administrative detail but are generally sector-specific and operational in nature","No amendment history or transitional provisions visible to assess layering complexity","Unable to assess cross-references to parent legislation (Cemeteries and Crematoria Act 2003 Vic) without full text"],"plain_english_summary":"These regulations set the practical rules for how Victorian cemeteries and crematoria are run—covering operational standards, record‑keeping, management by cemetery trusts, fees and procedures, and families’ rights over plots and memorials. They affect families arranging funerals, cemetery and crematorium operators, plot owners and funeral directors.\n\nNote: the supplied source lacked the full regulatory text; consult Statutory Rule 46/2025 for exact obligations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/cemeteries-and-crematoria-regulations-2025","history":"/api/acts/cemeteries-and-crematoria-regulations-2025/history","analysis":"/api/acts/cemeteries-and-crematoria-regulations-2025/analysis","conflicts":"/api/acts/cemeteries-and-crematoria-regulations-2025/conflicts","importantCases":"/api/acts/cemeteries-and-crematoria-regulations-2025/important-cases","documents":"/api/acts/cemeteries-and-crematoria-regulations-2025/documents"}}