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The prepaid funeral code, which came into effect March 2021, ensures funds are managed within secure investments. It sets rules around contracts and costs also provide certainty by fixing prices and preventing inflation from eroding the value of the contract over time. More information is available for consumers on buying a prepaid funeral of for businesses on prepaid funerals page.
Consumer Protection is seeking community feedback about what should be included in a mandatory code of conduct for sellers and brokers of pre-paid funerals.
Status: CLOSED, Wednesday 11 July 2018
Pre-paid funerals are not covered by specific legislation in WA. Other jurisdictions in Australia have enacted specific legislation to protect the rights of consumers in regards to these arrangements. In June 2017, the McGowan Government announced it was developing a mandatory code of practice for sellers of pre-paid funerals to give consumers greater consistency, clarity and certainty when entering into a contract and to guard against loss of monies paid by them in advance.
A consultation code of practice was released for public comment.
We need your views and opinions to finalise a code of practice that strikes a balance of providing consumers with greater understanding and security when entering into a pre-paid funeral contract, whilst imposing the minimum necessary regulation on industry. Whether you have entered into a pre-paid funeral contract in the past, are considering entering into one in the future, or simply have views on this issue, your feedback is important to this process.
An issues paper released in 2006 resulted in a 2007 report recommending that some regulation of the pre-paid funerals market be undertaken. A Consultation Regulatory Impact Statement (Consultation RIS) was released in December 2011 presenting five options for the regulation of pre-paid funerals. Submissions received to the Consultation RIS supported the introduction of a mandatory Code of Practice. In October 2016, Consumer Protection conducted a survey of all funeral directors in WA. This survey found that pre-paid funeral funds were being exposed to a level of risk which supported the introduction of a mandatory Code of Practice.
Previous consultations resulted in a 2007 Final Report, which formed the basis of a Consultation RIS and Discussion Paper.
Sellers of pre-paid funerals will have a period of six months from the date the code comes into effect before having to comply with its requirements.
There is no specified format for submissions. You are welcome to make a formal submission or write a letter or email outlining your views on the consultation code of practice. You can also complete an online survey on the Department’s website.
Your written comments can be submitted by:
Enquiries can be made by email.