Appendices A-E

 Appendix A: Submissions

  1. 1. Professor Prue Vines
  2. 2. Confidential
  3. 3. Name withheld
  4. 4. Confidential
  5. 5. Name withheld
  6. 6. Name withheld
  7. 7. Name withheld
  8. 8. Name withheld
  9. 9. Marta Sandberg
  10. 10. Name withheld
  11. 11. Name withheld
  12. 12. Magistrates’ Court of Victoria
  13. 13. Name withheld
  14. 14. John Mahony
  15. 15. Name withheld
  16. 16. Professor Phillip Hamilton
  17. 17. Andreas Vasiliou
  18. 18. Name withheld
  19. 19. Victorian Civil and Administrative Tribunal
  20. 20. Name withheld
  21. 21. Confidential
  22. 22. Confidential
  23. 23. Confidential
  24. 24. Geelong Cemeteries Trust
  25. 25. Department of Health and Human Services, Cemeteries and Crematoria Regulation Unit (Confidential)
  26. 26. The Greater Metropolitan Cemeteries Trust
  27. 27. Cemeteries and Crematoria Association of Victoria
  28. 28. Confidential
  29. 29. Maurice Blackburn Lawyers
  30. 30. State Trustees
  31. 31. Dispute Settlement Centre of Victoria
  32. 32. Name withheld
  33. 33. Name withheld
  34. 34. Ballarat General Cemetery Trust
  35. 35. Victorian Bar
  36. 36. Law Institute of Victoria
  37. 37. Victorian Gay & Lesbian Rights Lobby
  38. 38. Russell Edwards
  39. 39. Victorian Aboriginal Legal Service

 

Appendix B: Consultations

  1. 1. Deidre Atkinson, Victorian Aboriginal Funeral Service
  2. 2. Carolynne Bourne
  3. 3. Christy Hawker
  4. 4. Victorian Aboriginal Community Services Association Ltd
  5. 5. Australian Centre for Grief and Bereavement
  6. 6. A community member
  7. 7. Matrix Guild Victoria Inc
  8. 8. Council on the Ageing
  9. 9. Hindu Community Council of Victoria
  10. 10. RSL Aged and Health Support
  11. 11. Steve Munsuang, Migrant Information Centre
  12. 12. Aldo Taranto
  13. 13. Spiritual Health Victoria
  14. 14. Rumbalara Aboriginal Co-operative and Goulburn Valley Community Legal Centre
  15. 15. Helen Bishop
  16. 16. Transgender Victoria
  17. 17. Islamic Council of Victoria
  18. 18. Anne Cregan, Gilbert + Tobin
  19. 19. Chinese Cancer Society of Victoria
  20. 20. Cemeteries and Crematoria Regulation Unit, Department of Health and Human Services
  21. 21. Barwon Health Community Palliative Care
  22. 22. Annie Whitlocke
  23. 23. Natural Death Advocacy Network
  24. 24. Rachael Grabovic, Rigby Cooke Lawyers
  25. 25. Molly Carlile, Palliative Care Victoria
  26. 26. Jewish Community Council of Victoria (also in attendance: Melbourne Chevra Kadisha and Bet-Olam Jewish Funerals)
  27. 27. Royal Children’s Hospital Paediatric Palliative Care Program
  28. 28. Marie Brittan
  29. 29. Dispute Settlement Centre of Victoria
  30. 30. Magistrates’ Court of Victoria
  31. 31. Anne Sutherland Kelly, Monash University

Appendix C: Funeral and burial instructions online survey

Question 1

Have you planned your funeral and burial?

8311.jpgNo

8313.jpgYes (Skip to Question 3)

Question 2

Do you intend to plan your funeral and burial?

8315.jpgNo (Skip to Question 5)

8317.jpgYes

Question 3

Why was it, or why is it, important to you to plan your funeral and burial? (select all that apply)

8319.jpgI want my funeral and burial to reflect my identity and values

8321.jpgI want my religious and/or cultural practices respected and observed

8323.jpgI want to prevent disagreement among my family and friends

8325.jpgI want to avoid placing a financial burden on my family and friends

8327.jpgOther (please specify)

 

 

 

Question 4

How important is it to you that your funeral and burial plan is carried out? (only one answer)

8329.jpgVery important

8331.jpgFairly important

8333.jpgNot very important

8336.jpgNot at all important

(Skip to Question 6)

 

Question 5

Who do you think will arrange your funeral and burial when you die? (select all that apply)

8338.jpgMy partner

8340.jpgMy child/ren

8342.jpgMy parents

8344.jpgOther family members

8346.jpgFriends

8349.jpgI don’t mind who arranges my funeral and burial

8351.jpgOther (please specify)

 

 

 

Question 6

Have you been involved in a funeral and burial dispute?

8354.jpgYes

8356.jpgNo (Skip to question 10)

Question 7

Did you go to court or participate in mediation in an attempt to resolve the dispute?

8358.jpgYes

8360.jpgNo (Skip to question 9)

Question 8

If you would like to share the details of your experience in court or mediation, please briefly describe it here:

 

 

 

Question 9

If you would like to share the details of the funeral and burial dispute you were involved in, please briefly describe it here:

 

 

 

 

Question 10

At present, a person’s funeral and burial instructions are not legally binding on the person who controls the disposal of a body. A person’s executor or, where a person does not leave a will, their likely administrator (usually their next of kin), may dispose of their body in any manner they wish, subject to limited exceptions.

Which of the following reflects your position? (select all that apply):

8363.jpgI am satisfied with the law as it is

8365.jpgThe person who controls the disposal of a body should be required to take into account specific factors (such as the wishes of the deceased and those of the deceased’s family) before making appropriate funeral and burial arrangements

8367.jpgFuneral and burial instructions should be binding on the person with the right to control the disposal of a body, unless there is a compelling reason for that person not to adhere to them (such as the instructions are illegal)

8369.jpg A person should be able to appoint a funeral and burial agent to control the disposal of
their body

8371.jpg None of the above

If you have any comments, write them here:

 

 

Question 11

How old are you?

8373.jpg18 to 25

8376.jpg26 to 35

8378.jpg36 to 45

8381.jpg45 to 55

8383.jpg55 to 65

8385.jpg65 to 75

8387.jpg76 and over

Question 12

If you are happy for us to contact you in relation to your responses in the survey, please provide your name and contact details:

 

 

Question 13

Is there anything else you want to tell us?

8390.jpgNo

8392.jpgYes (please specify)

 

 

Appendix D: Australian cases involving funeral and burial disputes

Victoria

Carter v The Coroners Court of Victoria [2012] VSC 561*

Dow v Hoskins [2003] VSC 206*

Gilliot v Woodlands [2006] VSCA 46

Keller v Keller (2007) 15 VR 667

Leeburn v Derndorfer [2004] VSC 172

Meier v Bell (Unreported, Supreme Court of Victoria, Ashley J, 3 March 1997)*

Threlfall v Threlfall [2009] VSC 283

New South Wales

AB v CD [2007] NSWSC 1474*

Beard v Baulkham Hills Shire Council (1986) 7 NSWLR 273

Brown v Tullock (1992) 7 BPR 15,101

Burnes v Richards (1993) 7 BPR 15,104*

Escott v Brikha (2000) NSWSC 458

Privet v Vovk [2003] NSWSC 1038

Robinson v Pine Grove Memorial Park Ltd (1986) 7 BPR 15,097

Smith v Tamworth City Council (1997) 41 NSWLR 680

Warner v Levitt (1994) 7 BPR 15,110

Northern Territory

Calma v Sesar (1992) 2 NTLR 37*

Milanka Sullivan v Public Trustee for the Northern Territory of Australia (Unreported, Supreme Court of the Northern Territory, Gallop AJ, 24 July 2002)*

Queensland

Doherty v Doherty [2007] 2 Qd R 259

Donahue v Morleys Funerals Pty Ltd [2016] QSC 137*

Frith v Schubert [2010] QSC 444*

Kontavainis-Hay v Hutton & Welch (Unreported, Supreme Court of Queensland, Douglas J,
12 November 2012)

Laing v Laing [2014] QSC 194

Liston v Pierpoint (Unreported, Supreme Court of Queensland, Douglas J, 15 July 2009)

Logan v Waho (Unreported, Supreme Court of Queensland, Wilson J, 4 December 2014)

Re Dempsey (Unreported, Supreme Court of Queensland, Ambrose J, 7 August 1987)

Reid v Crimp [2004] QSC 304

Re Schubert (Unreported, Supreme Court of Queensland, Byrne SJA, 5 November 2010)*

Roma v Ketchup [2009] QSC 442

Savage v Nakachi (Unreported, Supreme Court of Queensland, Byrne SJA, 10 March 2009)

Tufala v Marsden & anor [2011] QSC 222

South Australia

Jones v Dodd (1999) 73 SASR 328*

Lochowiak v Heymans & Simplicity Funerals Pty Ltd (Unreported, Supreme Court of South Australia, Debelle J, 8 August 1997)

Minister for Families and Communities v Brown [2009] SASC 86*

Reid v Love and North Western Adelaide Health [2003] SASC 214*

State of South Australia v Smith [2014] SASC 64*

Tasmania

Re An Application by the Tasmanian Aboriginal Centre Inc [2007] TASSC 5*

Western Australia

Burrows v Cramley (2002) WASC 47

Garlett v Jones [2008] WASC 292*

Joseph v Dunn [2007] WASC 238

Manktelow v Public Trustee [2001] WASC 290

Milenkovic v McConnell [2013] WASC 421

Mourish v Wynne [2009] WASC 85*

Re Bellotti v Public Trustee (Unreported, Supreme Court of Western Australia, Franklyn J,
11 November 1993)

Re Boothman; Ex Parte Trigg [1999] WASC 102

Reece v Little [2009] WASC 30*

Spratt v Hayden [2010] WASC 340*

Ugle v Bowra [2007] WASC 82*

 

Cases marked with an asterisk involved an Aboriginal deceased.

The Commission knows of one Australian case involving a funeral and burial dispute before 1986:
In the Estate of Slattery (1909) 9 SR (NSW) 577.

 

Appendix E: Alaskan disposition document

Alaska Stat Sec. 13.75.030. Form of disposition document

A disposition document must be in substantially the following form:

Disposition Document

You can select Part 1, Part 2, or both, by completing the part(s) you select, including providing any signatures indicated. Part 3 contains general statements and a place for your signature. You must sign in front of a notary.

Part 1. Appointment Of Agent To Control Disposition Of Remains

If you appoint an agent, you and your agent must complete this part as indicated, and the agent must sign this part.

I,, being of sound mind,
wilfully and voluntarily make known my desire that, on my death, the disposition of my remains shall be controlled by

(name of agent first named below), and, with respect to that subject only, I appoint that person
as my agent. All decisions made by my agent with respect to the disposition of my remains, including cremation, are binding.

 

Acceptance By Agent Of Appointment

THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS PROVIDED IN THIS DOCUMENT. AN AGENT MAY SIGN AT ANY TIME, BUT AN AGENT’S AUTHORITY TO ACT IS NOT EFFECTIVE UNTIL THE AGENT SIGNS BELOW TO INDICATE THE ACCEPTANCE OF APPOINTMENT. ANY NUMBER OF AGENTS MAY SIGN, BUT ONLY THE SIGNATURE OF THE AGENT ACTING AT ANY TIME IS REQUIRED.

 

AGENT:

Name:

Address:

Telephone Number:

Signature Indicating Acceptance of Appointment:

 

Date of Signature:

 

SUCCESSORS:

If my agent dies, becomes legally disabled, resigns, or refuses to act, I appoint the following persons (each to act alone and successively, in the order named) to serve as my agent to control the disposition of my remains as authorized by this document:

(1) First Successor

Name:

Address:

Telephone Number:

Signature of First Successor Indicating Acceptance of Appointment:

 

Date of Signature:

(2) Second Successor

Name:

Address:

Telephone Number:

Signature of Second Successor Indicating Acceptance of Appointment:

 

Date of Signature:

 

Part 2. Directions For The Disposition Of My Remains

Stated below are my directions for the disposition of my remains:

 

 

 

 

 

If the disposition of my remains is by cremation, then (pick one):

( ) I do not wish to allow any of my survivors the option of canceling my cremation and selecting alternative arrangements, regardless of whether my survivors consider a change to be appropriate.

( ) I wish to allow only the survivors I have designated below to have the option of canceling my cremation and selecting alternative arrangements, if they consider a change to be appropriate:

 

 

 

 

 

 

Part 3. General Provisions And Signature

When Directions Become Effective

The directions, including any appointment of an agent, in this disposition document become effective on my death.

Revocation Of Prior Appointments

I revoke any prior appointment of any person to control the disposition of my remains.

Signature Of Person Making Disposition Document

Signature:

Date of signature:

(Notary acknowledgment of signature)

 

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