Pre-Paid Funeral Standard

AFDA Policy is that Pre-Paid Funerals should comply with the following:

  1. A written contract must be provided by the Funeral Director to the client clearly detailing the funeral requisites and services contracted and paid for.

  2. The price of each Pre-Paid Funeral should be fixed.

  3. The financial institution holding the funds should be at ‘arms length’ from the Funeral Director.

  4. A numbered certificate in the name of the client should be provided by the financial institution.

  5. The financial institution should guarantee that no funds can be withdrawn by the Funeral Director until the death and the funeral take place.

  6. The financial institution must safeguard the funds of the client even if the funeral firm has gone out of business.

  7. The Pre-Paid Funeral plans and associated procedures must comply with the relevant Commonwealth and State Legislation in each State in which it operates.

  8. In the event that an AFDA Member is convicted in a court of law in relation to a charge of improper practice involving a Pre-Paid Funeral contract, National Council shall take action to revoke the membership of the particular Member in accordance with the Association’s Constitution.

 

Adopted By National Council November 1991
(Amended by National Council 2/11/2000 and 11/11/2004)

Legislation in relation to Pre-Paid Funerals (by State)

STATE APPLICABLE LEGISLATION MANAGING AUTHORITY
New South Wales Funeral Funds Act 1979
Funeral Funds Regulations 2011		 NSW Office of Fair Trading
Tel: 13 32 20
www.fairtrading.nsw.gov.au
Queensland Funeral Benefit Business Act 1982
Funeral Benefit Business Regulations 2010		 QLD Office of Fair Trading
Tel: 13 13 04
www.fairtrading.qld.gov.au
South Australia Fair Trading (Pre-Paid Funerals Code of Practice) Regulations 2011 SA Office of Consumer & Business Affairs
Tel: 08 8204 9777
www.ocba.sa.gov.au
Tasmania Prepaid Funerals Act 2004 TAS Office of Consumer Affairs & Fair Trading
Tel: 1300 654 499
www.consumer.tas.gov.au/fair_trading/pre-paid_funerals
Victoria Funerals Act 2006 VIC Consumer Affairs
Tel: 1300 558 181
www.consumer.vic.gov.au
ACT
NT
WA		 In WA and the territories there is no specific legislation relating to Pre-Paid Funerals – individual pre-paid contracts stipulate the manner in which the funds are to be invested on behalf of the client.
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