Plan A Funeral
Pre-Paid Funeral Standard
AFDA Policy is that Pre-Paid Funerals should comply with the following:
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A written contract must be provided by the Funeral Director to the client clearly detailing the funeral requisites and services contracted and paid for.
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The price of each Pre-Paid Funeral should be fixed.
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The financial institution holding the funds should be at ‘arms length’ from the Funeral Director.
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A numbered certificate in the name of the client should be provided by the financial institution.
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The financial institution should guarantee that no funds can be withdrawn by the Funeral Director until the death and the funeral take place.
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The financial institution must safeguard the funds of the client even if the funeral firm has gone out of business.
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The Pre-Paid Funeral plans and associated procedures must comply with the relevant Commonwealth and State Legislation in each State in which it operates.
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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.
(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 |
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New South Wales |
Funeral Funds Act 1996 (Amended 2003) Funeral Funds Regulations 2001 |
NSW Office of Fair Trading Tel: 13 32 20 www.fairtrading.nsw.gov.au |
Queensland |
Funeral Benefit Business Act 1982 Funeral Benefit Business Regulations 2000 |
QLD Office of Fair Trading Tel: 13 QGOV (13 74 68) www.fairtrading.qld.gov.au |
South Australia | Fair Trading (Pre-Paid Funerals Code of Practice) Regulations 1996 |
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. |