Act changes to improve consumer protections in the cemeteries and crematoria sector

The changes further strengthen Cemeteries and Crematoria NSW (CCNSW) as the strong cop on the beat and give further assurance to grieving families.

The changes to the Act deliver a range of improvements including:

• further protecting consumers by strengthening CCNSW’s role in managing complaints and giving it discretion to share information about its regulatory activities.
• making it easier for relatives and community members to undertake monument maintenance to honour their loved ones.
• addressing the burial supply crisis by enabling activation of existing cemetery space for new interments while respecting the protection of existing remains and heritage items.
• improving governance by embedding advisory groups representing cemetery operators and community and consumer groups to provide feedback on issues affecting the industry.
• empowering operators to follow reasonable notification processes to contact interment right holders (or their successors) about any matters impacting a grave site, replacing out of date provisions and applying a commonsense approach to reach the intended audience.
• strengthening religious and cultural protections by requiring operators to ensure they are taking all reasonable steps to follow practices applicable to a portion of a cemetery.

The legislative changes are the next major step in the NSW Government’s program of sector-wide reforms, following on from its Interment Industry Scheme which established licencing conditions for operators in the areas of consumer contracts, pricing transparency, customer service, cemetery maintenance, reporting, and religious, cultural and spiritual principles.

The NSW Government is also moving to address the shortage of burial space by recently opening the first new Crown cemetery in 85 years at Varroville, in Sydney’ South-West.

By modernising and simplifying the Act, the NSW Government is delivering stronger consumer protections, creating a more responsive and sustainable interment industry, and delivering on its 2024 Strategic Statement.

As part of the legislative changes, the Board of CCNSW will be dissolved and its functions transferred to the CEO of CCNSW which will become a statutory appointment to ensure the ongoing independence of the regulator.

CCNSW has made great strides in recent years and improved its regulatory presence with the Board's leadership, but has reached a level of maturity where its oversight is no longer required.

CCNSW remains subject to extensive oversight from the Minister for Lands and Property and the NSW Audit Office which has been further strengthened by the Bill establishing two advisory groups to provide sector engagement and accountability.

Minister for Lands and Property Steve Kamper said:

“The Minns Labor Government has addressed over a decade of infighting and indecision with this latest tranche of legislation, modernising and streamlining the legislation for the cemeteries and crematoria sector. This will help operators deliver compassionate and responsive services for consumers and the community with the support of a strong industry regulator, Cemeteries and Crematoria NSW.

“These changes are the next step in ongoing improvements for the interment industry and CCNSW as our strong cop on the beat to ensure all NSW residents have access to sustainable and affordable burial and cremation services that are respectful of culture and faith and provided in a consistent, transparent and accountable way.”

CCNSW Board Chair Andrew Mills said:

"This legislation has delivered important improvements to the Act to strengthen the regulator and improve outcomes for customers, families, and the community.

“The new governance arrangements reflect the maturity of CCNSW as regulator of the interment sector after its first decade of operation.

“I am incredibly proud of the achievements of CCNSW under the leadership of the Board, particularly the introduction of the Interment Industry Scheme and the clear standards now in place.

“CCNSW is now well placed to ensure these standards are being met to the benefit of all and I would like to acknowledge the effort and dedication of Board members in bringing CCNSW to its current strong position.”