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Contents (2013 - 105)
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Cemeteries and Crematoria Act 2013 No 105
Current version for 8 January 2019 to date (accessed 26 February 2020 at 13:25)
86   Codes of conduct
(1)  A Crown cemetery operator must prepare and adopt a code of conduct to be observed by operator members and persons employed by the operator within 3 months after becoming the operator.
(1A)  A code of conduct in force under this section for a Crown cemetery trust for a Crown cemetery immediately before this section was amended by the Crown Land Legislation Amendment Act 2017 continues in force for the purposes of this Act as if:
(a)  the code had been adopted by the Crown cemetery operator for that cemetery on the date it was originally adopted, and
(b)  the members of the board of the operator and its employees had been signatories to the code.
(2)  The cemetery operator is to review its code of conduct at least every 3 years (or within such other period as is prescribed by the regulations) and make such changes as it considers appropriate.
(3)  The code must include such matters as are prescribed by the regulations.
(4)  In particular, the code may contain provisions for or with respect to the following conduct:
(a)  conduct that contravenes all or specified provisions of this Act or the regulations in all or specified circumstances,
(b)  improper or unethical conduct,
(c)  abuse of power and other misconduct,
(d)  the disclosure of interests (whether pecuniary or otherwise) that could conflict with the proper performance of functions and avoidance of conflicts of interest,
(e)  the disclosure of confidential documents and information.
(5)  The cemetery operator must provide a copy of its code of conduct as in force from time to time to each member of the trust board and employee and ask them to acknowledge their obligations under the code by signing it.
(6)  A member of a trust board or employee must not contravene a code to which he or she is a signatory.
(7)  Nothing in this section or such a code gives rise to, or can be taken into account in, any civil cause of action, and nothing in this section affects rights or liabilities arising apart from this section.