From some information I found at Public Records Office Victoria (PROV) sometime back on the transfer of the Schramm complex land from the Lutheran Church to Council back in the 1970’s to allow for the reconstruction of development of the Cottage and complex, it appears that the land had to be transferred to council under a newly established land title. This activity started in around 1970 and in a letter dated 28th April 1971 (copy attached) from the Health Department to the then City of Doncaster and Templestowe on the matter, they noted that once the transfer had occurred, the council had agreed to act as the trustee for the cemetery and that a recommendation would be made to the Governor In Council to be nominated as the trustee.
Due to difficulties in drawing up a new title, it appears that this transfer was not completed until around 1976-7 and in a Health department file note dated 7 March 1977 (copy attached) dealing with a request for Murial Green to interred in the cemetery, a paragraph at the bottom commented “it would seem to me from a reading of this file that the Councillors of the City of Doncaster and Templestowe should have been appointed as official trustees of this cemetery now that the recent land dealing have apparently been completed to have the particular land transferred to the Crown.
I have attempted to find this appointment in the Victorian Government Gazettes but have had trouble finding any reference.
So the $64,000 questions are - Is there a Trust responsible for the Waldau cemetery?. Did the City of Doncaster and Templestowe be formally appointed. If not, what are the consequences of having a cemetery with interred remains not being managed in accordance with the Act?
Source: Ian Schafter. Feb 2026
6th Pebruary, 1970
Clerk of Doncaster and Templestowe,
Dear Sir，Re Burial Ground Trinity Lutheren Church Doncaster
I refer to your letter of the 7th January 1970 concerning an Church which was used as a Cemetery some years ago.
According to the records of this Department, this particular area of ground was used for burial purposes prior to 1988 and by order of the Governor-in-Council dated the 12th June, 1888 the area was closed to further burials.
As the Lutheran Church holds title over the area in which has been used for burial purposes, the land remains a private Cemetery within the meaning of the Cemeteries Act and it is the responsibility of the Church Trustees to maintain it in a respectable and satisfactory manner.
With regard to your enquiry as to whether this private cemetery could be transferred to the Council, I would point out that this could only be arranged if the Lutheran Church was prepared to deed the land, without cost, to the Crown for reservation as a Cemetery so that your Council could be appointed as Trustees in the terms of the Cemeteries Act 1958.
The land in question could not be used for any other public purpose unless and until all bodies were exhumed and reinterred in another Public Cemetery.
You will appreciate that this is a very difficult and expensive procedure and would require the approval of any person holding deeds to any graves within the present burial area.
Should you so desire, I will arrange for an officer of the Department to call and discuss the matter with you at a mutually convenient time and date.
Yours faithfully, A. I. GARDNER) Secretary COMMISSION OF PUBLIC HEALTH
The Age, Monday, March 7, 1977 p21
GREEN, Vera Muriel - A tribute of esteem and gratitude to our late president and friend called to highter service March 4, 1977. Her leadership and work among us will be greatly missed and long remembered.
Committee and members of Doncaster Templestowe Historical Society.
GREEN (Councillor) Muriel - On March 4, much beloved wife of Irvine, beloved mother of Marilyn (Mrs. Siranovic), David, Anthony and Robert. Loved nanny of Marina, Michele, Suzanne and Carolyn.
GREEN - The funeral of the late councillor Mrs Muriel Green will leave Holy Trinity Anglican Church, corner Church and Doncaster roads. Doncaster tomorrow (Tuesday) after a service commencing as 2:15 pm for theh Templestowe Lawn Cemetery. Padbuet Funerals Doncaster 8483666
OFFICE NOTE: 7th March, 1977
In the absence of Mr. Pata on sick leave this morning I was askedby Mr. O'Donoghue and Mr. Gardner to make enquiries regarding the Doncaster Lutheran Cemetery.
Apparently the above recently deceased lady had expressed a wish to be buried in this cemetery, although the notice in today's Age states that the funeral will take place at the Templestowe Lawn Cemetery.
Reference to the file shows that an Order-in-Council of the 12th June, 1888, prohibits future burials in this cemetery after the 1st October, 1888
Under Section 44 of the Cemeteries Act 1958 it is possible however for the Governor in Council to allow for further particular burials, though it is not clear to me from a reading of that Section whether or not such Order would have to be published in the Government Gazette. I should think it would, however.
At this stage it seems now that the relatives of the deceased will not proceed with their efforts to have Mrs. Green buried in the Doncaster Lutheran Cemetery.
R. Curley, Secretary, oisons Division.
1. Mr. Pata for information. It would seem to me from a reading of this file that the Councillors of the City of Doncaster and Templestowe should have been appointed as official trustees of this cemetery now that the recent land dealings have apparently been completed to have the particular land transferred to the Crown.
Cemetery Trusts
All cemeteries in Victoria, including small historic cemeteries with no current interments, must be managed by a Cemetery Trust. These trusts operate under the Cemeteries and Crematoria Act 2023 and are accountable to the Department of Health. While the governance requirements are consistent, the way each cemetery is managed can vary depending on the responsible Trust.
In Victoria, the governing body may be:
- A Class A Cemetery Trust (e.g. GMCT, Southern Metropolitan Cemeteries Trust, Remembrance Parks Central Victoria)
- A Class B Cemetery Trust (Often volunteer-run (e.g. Sunbury Cemetery Trust, Maddingley Cemetery Trust)
- A municipal council, which may be appointed to manage a public cemetery (e.g. Melton Cemetery).
For example, GMCT manages 21 sites, including several historic cemeteries such as Northcote Cemetery. Our responsibilities include ongoing maintenance, heritage preservation, and long-term governance of these sites in perpetuity.
If you have any further questions, about historic cemeteries, governance, or our current consultation, I’d be happy to help.
Source: Katrina Gubbins, Manager Strategic Community and Stakeholder Engagement, The Greater Metropolitan Cemeteries Trust. eMail Feb2026
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