Have your say to update cemeteries and cremation laws in WA

  • Proposed changes to modernise WA’s Cemeteries Act and Cremation Act
  • The community, local governments and funeral industry invited to express their views
  • Feedback during public and stakeholder consultation will help shape future reforms

Ensuring laws covering burials and cremations in Western Australia meet community expectations and industry needs is the aim of a review launched by the Cook Government, and the start of public and stakeholder consultation to focus on the issue.

A discussion paper has been released, with comments and views being invited on the proposed changes to the Cemeteries Act 1986 and the Cremation Act 1929.

For the next three months, local governments, the funeral industry and wider community can have their say on:

  • potential consolidation of existing legislation into a single Act;
  • alternative methods for the disposal of human remains;
  • cemetery redevelopment;
  • burials outside of proclaimed cemeteries;
  • licensing of funeral directors and monumental masons;
  • cremation services; and
  • consistency of forms and fees.

Local Government Minister David Michael said that the two Acts had not been substantially updated since they commenced, except for mostly minor amendments to the Cremation Act, so the laws no longer reflect modern attitudes and contemporary practices.

The discussion paper and accompanying surveys are available on the Department of Local Government, Sport and Cultural Industries’ website at dlgsc.wa.gov.au/CemeteriesAndCremationReview

The consultation is now open and closes on 16 February 2024.

As stated by Local Government Minister David Michael:

“This review of the adequacy and effectiveness of the Cemeteries Act 1986 and the Cremation Act 1929 seeks to strengthen regulatory oversight of the funeral industry.

“It may also lead to greater choice in the types of funeral services available and greater consistency across the industry. We want to ensure that Western Australians can continue to access high quality and dignified funeral services in times of bereavement.

“Modern legislation needs to reflect community expectations, and today’s attitudes towards funerals have evolved since these Acts commenced.”

As stated by Health Minister Amber-Jade Sanderson:

“This discussion paper is the result of a thorough and dedicated process that utilised the results from industry focus groups, stakeholder workshops and the work of the Cemeteries and Cremation Act Review Working Group.

“I encourage local government, the funeral industry and the Western Australian community to have their say during the consultation period so these views can be taken into consideration when finalising the changes that are needed.”

/Public Release. View in full here.