Victorian Consolidated Legislation

Cemeteries and Crematoria Act 2003 - SCHEDULE 1A

Section 6A(3) MEMBERSHIP AND PROCEDURE OF CLASS A CEMETERY TRUSTS

1. Terms of appointment



(1) A member of a Class A cemetery trust holds office for the period, not
exceeding 3 years, specified in the instrument of his or her appointment.

(2) A member of a Class A cemetery trust is eligible for re-appointment.

(3) A member of a Class A cemetery trust is appointed on the terms and
conditions specified in the instrument of appointment.

(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies
to a member in respect of the office of member.

2. Chairperson of Class A cemetery trust



(1) The Governor in Council, by instrument, must appoint one of the members of
a Class A cemetery trust to be chairperson.

(2) A person appointed as chairperson of a Class A cemetery trust-

   (a)  holds that office for the period not exceeding 3 years; and

   (b)  is eligible for re-appointment.

(3) A person appointed as chairperson ceases to hold that office-

   (a)  on ceasing to be a member of the Class A cemetery trust; or



   (b)  on resigning as chairperson but remaining as a member; or

   (c)  on the expiry of his or her appointment as chairperson.

3. Resignation and removal of members



(1) A member of a Class A cemetery trust may resign the office of member by
writing signed by the member and addressed to the Minister.

(2) The Governor in Council, on the recommendation of the Minister, may at any
time remove a member of a Class A cemetery trust from office.

4. Vacancies in membership

If a member of a Class A cemetery trust dies, resigns or is removed from
office, the Governor in Council, in accordance with this Act, may fill the
vacant office.

5. Remuneration, fees and allowances of members



(1) A member of a Class A cemetery trust is entitled to be paid any
remuneration fixed for that member from time to time by the Governor in
Council, whether-

   (a)  in the member's instrument of appointment; or

   (b)  by order published in the Government Gazette.

(2) A member of a Class A cemetery trust is entitled to receive reimbursement
of reasonable expenses incurred in that office.

(3) Any amounts paid to a member of a Class A cemetery trust as reimbursement
for expenses incurred are to be paid from the funds of that trust.





6. Validity of decisions of cemetery trusts



(1) An act or decision of a Class A cemetery trust is not invalid merely
because of-

   (a)  a defect or irregularity in, or in connection with, the appointment of
        a member; or

   (b)  a vacancy in the membership of the trust, including a vacancy arising
        from the failure to appoint an original member.

(2) Anything done by or in relation to a person purporting to act as
chairperson or as a member is not invalid merely because-

   (a)  the occasion for the appointment had not arisen; or

   (b)  there was a defect or irregularity in relation to the appointment; or

   (c)  the appointment had ceased to have effect.

7. Presiding at meetings of Class A cemetery trusts

The person who is to preside at a meeting of a cemetery trust is-

   (a)  the chairperson, if he or she is present; or

   (b)  if the chairperson is absent, a member elected to preside by the
        members of the Class A cemetery trust present at the meeting.

8. Proceedings of Class A cemetery trusts



(1) Subject to subclause (2), meetings of a Class A cemetery trust are to be
held at the times and places that the chairperson determines.

(2) The chairperson of a Class A cemetery trust may at any time convene a
meeting, but must do so when requested by at least 2 members of the cemetery
trust.

(3) A Class A cemetery trust may permit its members to participate in a
particular meeting by-

   (a)  telephone; or

   (b)  closed-circuit television; or

   (c)  any other means of communication.

(4) A member who participates in a meeting under a permission under subclause
(3) is deemed to be present at the meeting.

(5) A majority of the members for the time being constitutes a quorum of a
Class A cemetery trust.

(6) A question arising at a meeting-

   (a)  must be determined by a majority of votes of members present and
        voting on that question; and

   (b)  if the voting is equal, the person presiding has a casting vote as
        well as a deliberative vote.

(7) The person presiding must ensure that minutes are kept of each of its
meetings.

(8) Subject to this clause, a Class A cemetery trust may regulate its own
proceedings.

9. Disclosure of interest of Class A cemetery trust members



(1) A member of a Class A cemetery trust who has a direct or indirect
pecuniary interest in a contract or other matter being dealt with by the trust
must disclose the nature of that interest at a meeting of the trust as soon as
possible after becoming aware of the interest.

(2) A member of a Class A cemetery trust who holds an office or possesses
property as a result of which, directly or indirectly, duties or interests may
be created in conflict with the member's duties as a member, must disclose
that fact at a meeting of the trust as soon as possible after becoming aware
of the potential conflict.

(3) The person presiding at a meeting at which a disclosure under this clause
is made must cause that disclosure to be recorded in the minutes of the
meeting.

(4) A person who has made a disclosure under this clause must not take any
further part in the discussion of or vote on the contract or other matter to
which the disclosure relates.

(5) If a member votes on a matter in contravention of subclause (4), his or
her vote must be disallowed.

__________________